1. The Criminal Justice System, and Advising Clients at the Police Station

Question 1

Name and explain the 3 classifications of offences in UK criminal law

Answer 1

Question 2

Where do all criminal cases start?

Answer 2

Question 3

What are the four categories of offences/cases dealt with by the Crown Court?

Answer 3

1. Indictable only
2. Either way, where Magistrates has declined Jx or D elects for Crown Court
3. Either way or summary, if related to another offence heard by Crown Court and is punishable by imprisonment or disqualification from driving
4. Appeals against conviction and sentence from Magistrates

Question 4

What are the two summary only offences relevant for the SQE?

Answer 4

1. Assault
2. Battery

Question 5

What six offences are triable either way relevant for the SQE?

Answer 5

1. ABH
2. Section 20 GBH
3. Criminal Damage Arson
4. All three frauds
5. Burglary, subject to an exception
6. Theft, subject to an exception

Question 6

What will make burglary indictable only relevant for the SQE?

Answer 6

If it is of a domestic dwelling and:

1. Includes commission or intent to commit an indictable only offence
2. Victim subject to violence or threat of violence, or
3. It is D’s third charge for domestic burglary

Question 7

Theft equal to or below what value is considered summary only, and regarding which Magistrates Court does not have the power to decline jurisdiction?

Answer 7

£200, but D can elect for Crown Court if he wishes

Question 8

What are a suspects seven rights at the police station under Police and Criminal Evidence Act 1984?

Answer 8

1. Access to free legal advice, medical help, interpreter
2. Notify someone of their arrest
3. Inspect Codes of Practice
4. Right to silence
5. Informed of reason for arrest
6. Inspect documents relating to their arrest and detention
7. Information on detention time limits

Question 9

What are the nine ranks of police officer, from high to low?

Answer 9

1. Chief constable
2. Deputy chief constable
3. Assistant chief constable
4. Chief Superintendent
5. Superintendent
6. Chief Inspector
7. Inspector
8. Sergeant
9. Constable

Question 10

What are the three criteria for delaying a suspect’s access to legal advice, and what is the maximum amount of time it can be delayed?

Answer 10

Access to legal advice can be delayed for 36 hours at most, if:

1. Suspect is arrested for indictable only or either way offence (i.e. on the exam, something other than assault, battery, or theft under £200)
2. Superintendent or above has authorised, and
3. Officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence or others, alerting other suspects, or hindering recovery of property

Question 11

What are the three criteria for delaying a suspect informing someone of their arrest, and what is the maximum amount of time it can be delayed?

Answer 11

Can be delayed for up to 36 hours with the same criteria used as when delaying access to legal advice, except an inspector (officer two ranks below a superintendent) is able to make the decision for this

Question 12

What is the relevant time, and what is the general rule for how after this time a suspect can be kept in custody without being charged?

Answer 12

The relevant time is when the suspect entered the police station, and the general rule is 24 hours

Question 13

Where extensions apply, what is the maximum time a suspect can be kept in custody without being charged?

Answer 13

96 hours

Question 14

What are the four criteria for the first 12 hour custody extension?

Answer 14

1. Suspect is arrested for indictable only or either way offence
2. Superintendent or above has authorised
3. Reasonable grounds to believe that further detention is necessary to secure/preserve/obtain evidence
4. Investigation is being conducted diligently and expeditiously

Question 15

What is required for the remaining 60 hours of extensions, and how are they broken up?

Answer 15

Application to Magistrates Court is needed.

1. Further 36 hours granted on the first application (72 hours total)
2. Final 24 hours granted on second application

Question 16

In what three situations must an identification procedure be held?

Answer 16

1. Witness has identified or purported to identify a suspect who is not known to them
2. Witness expresses ability to identify a suspect
3. Reasonable chance of eyewitness being able to identify a suspect

Question 17

What are a suspect’s three rights in relation to the conduct of an identification procedure?

Answer 17

1. To have the purpose explained
2. Free legal advisor and solicitor/friend present
3. Obligations and consequences of their decisions explained

Question 18

What two consequences must be explained to a suspect in relation to an identification procedure?

Answer 18

1. Suspect does not have to cooperate, but the procedure can still be conducted covertly and if they fail to cooperate, an adverse inference may be drawn
2. If between being notified of the procedure and the procedure itself, a suspect changes their appearance, that an adverse inference may be drawn

Question 19

What could four possible objections to the conduct of a video identification or identification procedure be?

Answer 19

1. Failure to take into account reasonable objections regarding appearance of others
2. Failure to keep witness away from suspect before or during
3. Failure to keep witnesses apart before or during
4. Failure to warn witness that suspect might not be present

Question 20

Overview on Identification procedures

Answer 20

Question 21

What would be the possible consequence in case of a beach of PACE code D?

Answer 21

*If there is a breach of Code D, it may lead to the identification evidence being excluded.
*The court will consider whether its admission would have such an adverse effect on the fairness of trial that it ought to be excluded.

Question 22

In what situation should a suspect not be interviewed?

Answer 22

When they seem unable to appreciate the significance of the questions or answers or understand what is happening, due to intoxication or any other incapacity

Question 23

What is a custody record which a solicitor will review when advising a suspect?

Answer 23

A log of the suspect’s time in detention maintained by the custody officer

Question 24

Do the police have a duty to provide the solicitor with any evidence?

Answer 24

No, but they must provide enough detail for the solicitor to understand the nature of the offence and the reasons why the suspect is under suspicion

Question 25

What is the warning that must be given when being advised of the right to remain silent?

Answer 25

That if a suspect fails to mention in an interview something that they could reasonably have been expected to mention, an adverse inference may be drawn by the court

Question 26

What is a special caution, and what will trigger the requirement for one?

Answer 26

If the suspect was at the scene of the offence, or had an object, substance, or mark on their person at the time of arrest, they must be cautioned regarding what offence is being investigated and that an adverse inference may be drawn if they fail to give an explanation for their presence or the object, mark, or substance

Question 27

In addition to answering questions and declining to answer, a suspect can give a handwritten statement. What is the benefit of this?

Answer 27

It allows them to give account of the things they need to in order for an adverse inference not to be drawn, but it doesn’t allow further police questioning on the issues such that the suspect may reveal more than they wish to

Question 28

Who is a vulnerable suspect under PACE?

Answer 28

*Minors and
*those with mental disorders or other vulnerabilities

Question 29

What safeguard is absolutely required when a suspect is deemed vulnerable?

Answer 29

Access to an appropriate adult who is not affiliated with the police, taking into account the wishes of the suspect

Question 30

What things will be considered oppression or inducement?

Answer 30

Oppression: includes torture, inhuman or degrading treatment, the use or threat of violence, too many officers in the room, a room with improper heat, light, and ventilation
Inducement: Misrepresenting the strength of the prosecutions case. Promises of anything, including just a warning, if they confess

Question 31

What could a solicitor be removed from an interview for doing, and who must authorize this?

Answer 31

A superintendent and above can authorize a solicitor to be removed from an interview if they obstruct the interview. Obstructing includes telling the suspect what to say during interview or answering on the suspect’s behalf.