Factors to consider when arresting

PhilandTracy Sayers
Mind Map by PhilandTracy Sayers, updated more than 1 year ago
PhilandTracy Sayers
Created by PhilandTracy Sayers over 6 years ago
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Mind Map on Factors to consider when arresting, created by PhilandTracy Sayers on 06/11/2015.

Resource summary

Factors to consider when arresting
  1. Power of Discretion
    1. Use discretion and alternative resolutions if appropriate
    2. Prevention first strategy to focus on priority and prolific offenders
      1. Look for re-offending prevention opportunities - referrals to partner agencies
        1. THREAT
          1. Nature / Seriousness of offence, likelihood of disposal destruction of evidence, interference with witnesses, further offending, abscond bail, environmental conditions (eg fortification)
          2. EXPOSURE
            1. Public / Police safety
            2. NECESSITY
              1. Nature/seriousness (less serious less justified), arrest necessary to stop offence, persons social/family circumstances and crim history, sufficient evidence
              2. RESPONSE
                1. Need more intel before arrest?, is prompt action required to prevent loss life/injury, are there sufficient resources available
                2. Shouldn't arrest if person can be brought to court by summons. If offence not punishable by prison and no aggravating factors, summons a better way of commencing a prosecution
                  1. If ID an issue, don't arrest to obtain f/prints or pic alone as not a sufficient reason, consider takinf ID particulars as per s33 police act (name/add/photo)
                    1. Arrest may not be necessary for
                      1. Minor behaviour offences not involving violence to people/property and stops when asked
                        1. Language offences where only person who heard is police
                        2. DRUG offences
                          1. Discretion same as for other offences providing not drug dealing - primary aim is rehibilatation
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