Royal Mail
Royal Mail Internal Information
Criminal Investigation Team
7.1 Suspect Approach and Arrest
Procedures
Version 3.0 Final
September 2012
Review Date: September 2013
Ray Pratt
Head of Investigations Policy & Standards
Royal Mail _
GRO I
Mobex
Mobile
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Contents
Key Accountabilities 3
1. Introduction 4
2. Suspect Approach 4
3. Powers of Arrest by Persons other than a Constable 4
4. Example of when an Arrest may be Appropriate 5
5. Suspect Decides to Leave Before a Voluntary Interview 6
is Concluded
6. Actions at Arrest 6
7. De-Arrest 7
Change Control 8
Glossary 9
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Key Accountabilities
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Who is
accountable?
What do I have to IWhen do I have
do?
to do this?
How do I do
this?
All members
of Royal Mail
Security
Ensure you comply I Ongoing
with these
procedures
As detailed
within these
procedures
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Suspect Approach and Arrest Procedures
1.
1.1
Introduction
Investigators are allowed full discretion regarding when and where to
approach a suspect to invite them for interview, but careful judgement
must be exercised to prevent unnecessary invasion of their dignity.
This is especially so if they are approached in front of colleagues at
their place of work. In addition, there will be circumstances when it
is appropriate for Investigators within RM Security to exercise their
power of arrest as part of a criminal investigation. Before
Investigators exercise this power they must have a thorough
understanding of the relevant legislation and be sure that the action
is necessary and fully justified.
The right to liberty is a key principle of the Human Rights Act 1998.
The exercise of the power of arrest represents an obvious and
significant interference with that right.
Citizen’s powers of arrest in the different jurisdictions are as
follows;
1.3.1 England & Wales - Section 24A of the Police and Criminal
Evidence Act (PACE) 1984 (as amended by Section 110 of the Serious
Organised Crime and Police Act 2005)
Scotland ~ In Common Law.
Northern Ireland - Section 26A of the Police and Criminal
Evidence (Northern Ireland) (PACE (NI)) Order 1989 (as amended by
The Police & Criminal Evidence (Amendment) (Northern Ireland)
Order 2007).
1.3.
1.3.
Suspect Approach
Health & Safety. Investigators must comply with the Criminal
Investigation, P&S 4.1 Criminal Investigation Safe Systems of Work,
when carrying out a Suspect Approach. If it is thought that a suspect
will cause harm to themselves or another then the assistance of the
police should be requested at an early stage.
On approaching the suspect Investigators must introduce themselves,
show them their RM Group Security identification card and inform the
suspect of the nature of their enquiries in full. The suspect should
then be cautioned and told that they are not under arrest and free to
leave. Depending on the circumstances of the investigation the
suspect will be either invited to attend an interview or asked to
consent to search(es). Full details of the suspect approach including
any responses from the suspect must be entered into an Investigator’s
notebook.
Royal Mail Group Ltd Young People. RMG Ltd has granted all employees
who have not reached their 18°" birthday special treatment in respect
of suspect approaches. The young person concerned should be met in
the presence of a responsible supervisor who is known to the suspect
and who is not involved in the enquiry. The supervisor should make
the introductions to the suspect, explain the nature of the inquiry
and proposed interview and fully explain the rule which gives the
suspect the opportunity to have a friend present. If a friend is
required they should remain, if practicable, until the friend arrives.
In all other respects the suspect approach should be conducted as
above.
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3. Powers of Arrest by Persons Other than Constables
3.1In England and Wales, Section 24A of PACE and in Northern Ireland
Section 26A PACE(NI) provides the following powers;
3.1.1. A person other than a constable may arrest without a warrant;
a. Anyone who is in the act of committing an indictable offence;
or
b. Anyone whom he has reasonable grounds for suspecting to be
committing an indictable offence.
3.2 Also where an indictable offence has been committed, a person other
than a constable may arrest without a warrant;
3.2.1 Anyone who is guilty of the offence; or
3.2.2Anyone whom he has reasonable grounds for suspecting to be guilty
of it.
3.3 Indictable Offences. An “indictable” offence is one that can be tried
in either the Magistrates Court or the Crown Court. For further
details on which offences are indictable see Criminal Investigation
P&S 7.3 Points to Prove, under Investigation Activities -Dealing with
the Suspect. Alternatively if in doubt as to whether an offence is
indictable advice should be sought from a line manager or the Criminal
Law Team (CLT).
3.4 However, the powers of summary arrest detailed in paragraphs 3.1 & 3.2
above are only exercisable if:
3.4.1 The person making the arrest has reasonable grounds for
believing that for any of the reasons mentioned in paragraph 3.5
below, it is necessary to arrest the person in question; and
3.4.2 It appears to the person making the arrest that it is not
reasonably practicable for a constable to make it instead.
3.5 The reasons are to prevent the person in question;
3.5.1 Causing physical injury to himself or any other person;
3.5.2 Suffering physical injury;
3.5.3 Causing loss of or damage to property or;
3.5.4 Making off before a constable can assume responsibility for
him.
3.6 Scotland. Investigators in Scotland have a citizen’s power of arrest
in accordance with common law. As a general rule this power of arrest
can only be used where it is both necessary and proportionate in the
following circumstances;
3.6.1 Where it is strongly indicative that the suspect has committed
a serious offence (The theft of addressed mail is considered a
serious offence).
3.6.2 Where there are reasonable grounds to believe that a suspect
will do serious harm to themselves or others.
The criteria “necessary, proportionate, strongly indicative,
reasonable grounds and serious”, are subjective and open to opinion
and as such an arrest should only be considered as a last resort and
when it is not reasonably practicable to await the arrival of the
Police. The Police have powers to detain and search to prevent
evidence being destroyed.
3.7 Use of Force. There is no expectation that a Royal Mail Security
Investigator will use force in order to affect their citizens powers
of arrest or that they should put themselves or others at risk of harm
by using force to prevent a person making off before a constable can
take responsibility for them.
4. Examples of when an Arrest may be Appropriate
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4.1Suspect refuses to consent to searches on initial approach. A suspect
may refuse to consent to a search on initially being approached.
Unless the Investigator considers an immediate search to be
imperative, then rather than resorting to obtaining police assistance
in the first instance, the appropriate course of action will be to
commence the interview and fully explain to the interviewee why they
are suspected and as such why the Investigator wishes to conduct
searches. Should the interviewee at this stage still refuse consent
then the action detailed in the paragraph below should be followed.
4.2Suspect refuses consent to search at other times. If the interviewee
refuses consent to search and it is thought that this may result in
the loss or damage of property, Investigators should consider an
arrest. Any arrest conducted must be in accordance with Section 3
above. Remember a citizen can only arrest if it is not reasonably
practicable for a constable to make it instead.
4.3Suspect wishes to make a telephone call. If a suspect wants to make a
telephone call the Investigator should make enquiries as to whom the
call is to be made and the purpose of it. If it is thought that the
call may facilitate any of situations detailed in paragraph 3.5 (3.5.1
to 3.5.4) above the Investigator should inform the suspect of their
concerns and tell them that they do not want them to make the call.
If the suspect is adamant and goes to make a phone call regardless of
the request and all the necessary criteria are in place to make the
arrest lawful then an Investigator can consider arrest and prevent the
call.
4.4Interviewee asks what will happen if they leave the interview or do not
consent to searches. The suspect should be told that the Investigator
would like them to stay to be interviewed or consent to searches in
order to progress the Investigation. If the suspect continues to ask
what will happen the investigator should state that he/she will have
to consider other options that are available.
Once police assistance has been requested the suspect should not be
asked further questions about the matter under investigation or for
consent to search until the Police have attended. If the person
starts to say anything relevant to the investigation then a record of
what is said must be made in an Investigator’s notebook. The suspect
should be given the opportunity to read and agree the notes as
detailed in the Criminal Investigation P&S 5.2 Official Notebooks,
under Investigation Activities - Recording Evidence & Forensic
Services.
Suspect Decides to Leave Before a Voluntary Interview is Concluded
If practicable, suspect interviews should be conducted on a voluntary
basis. In many investigations it is possible to present a “Prima
Facie” case with the evidence to hand and therefore prosecute without
interviewing the suspect. However, sometimes an interview may be
necessary in order to conduct a prompt and effective investigation.
Examples may be to;
5.1.1Establish that the suspect acted without authority and reasonable
excuse.
5.1.2Establish potential explanations or alibis and enable them to be
investigated.
The arrest criteria “in order to conduct a prompt and effective
investigation” is only available to constables and as such if searches
are not an issue (for example searches have been conducted or are not
required) advice on whether an interview is necessary must be sought
and Arres!
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1 Suspect
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from the CLT. If the CLT believe that an interview is required in
order to conduct a prompt and effective investigation then Police
assistance should be sought for them to consider an arrest.
Actions at Arrest
It is important that powers of arrest are used sparingly and only when
the Investigator is clear that the circumstances make arrest lawful
and there is no other reasonable way to pursue the enquiry. If an
arrest is made it should be a bold action leaving the suspect with no
doubt that they are not free to leave and that the police will be
called.
Under no circumstances should an Investigator use the threat of an
arrest to persuade the suspect to agree to searches or voluntary
interview.
As soon as practicable after an arrest, the person arrested must be
given sufficient information to enable them to understand:
6.3.1 That they are under arrest.
6.3.2 The indictable offence, or in Scotland the serious offence for
which the person has been arrested (what, when and where) .
6.3.3 Why the arrest is considered necessary. In England, Wales and
Northern Ireland refer to reasons at paragraph 3.5 above and in
Scotland, the reason for the arrest.
Additionally the arrested person should be cautioned or re-cautioned.
The arrested person must be taken to a designated police station (In
Scotland a police station) as soon as practicable. In practice, the
Police would generally be called and they would take the arrested
person into custody at this stage. The arresting Investigator is
required to record:
6.4.1 The nature and circumstances of the offence leading to the
arrest.
6.4.2 The reason or reasons why arrest was necessary and why it was
not reasonably practicable for a constable to make the arrest
instead.
6.4.3 The giving of the caution.
4.4 Anything said by the person at the time of arrest.
Such a record should be made at the time of the arrest unless
impracticable to do. If not made at that time, the record should be
completed as soon as possible thereafter. The suspect should be given
the opportunity to read and agree the notes as detailed in the
Criminal Investigation P&S, 5.2 Official Notebooks.
De-arrest.
If an Investigator tells a person that they are under arrest there is
no facility for them to de-arrest that person. The arrested person
must be handed into Police custody.
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Change Control
Final
3.0
Ray Pratt
Michael F Matthews
September 2012
Internal
September
2012
Security Ray Pratt
Distribution List
All Royal Mail Security via vi Mar 2011
Security Sharepoint
All Royal Mail Security via v2 January 2012
Security Sharepoint
All Royal Mail Security via v3 September 2012
Security Sharepoint
Documentation History
v.l V.2 V.3
Final Final Final
Mar 2011 Jan Sep
Mar 2011 Jan Sep
v1 Document Produced in RM Layou
v2 Powers of Arrest in Scotland reviewed and amended
(Paragraph 3.6)
v3 Chapter 5 dealing with the procedures to be
followed when a suspect decides to leave before a
voluntary interview is concluded has been added
following a review as a result of the change to
PACE CoP Code G
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Glossary
PACE The Police and Criminal Evidence Act 1984
PACE (NI) The Police and Criminal Evidence (Northern
Ireland) Order 1989
CLT Criminal Law Team
Prima facie On first examination, a matter appears to be self-
evident from the facts
Document Summary
If you have any queries please contact:
Mick F Matthews
Royal Mail Security
6A Eccleston st
LONDON
SW1W SLT
Postline:
STD:
E mail
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