1. The Criminal Justice System, and Advising Clients at the Police Station Flashcards
What are the three summary only offences?
- Assault
- Battery
- Criminal damage of less than £5000 value
What six offences are triable either way?
- ABH
- Section 20 GBH
- Criminal damage
- All three frauds
- Burglary, subject to an exception
- Theft, subject to an exception
What will make burglary indictable only?
If it is of a domestic dwelling and:
- Includes commission or intent to commit an indictable only offence
- Victim subject to violence or threat of violence, or
- It is D’s third charge for domestic burglary
Theft equal to or below what value is considered summary only
£200, but D can elect for Crown Court if he wishes
What are a suspects seven rights at the police station under Police and Criminal Evidence Act 1984?
- Access to free legal advice, medical help, interpreter
- Notify someone of their arrest
- Inspect Codes of Practice
- Right to silence
- Informed of reason for arrest
- Inspect documents relating to their arrest and detention
- Information on detention time limits
What are the nine ranks of police officer, from high to low?
- Chief constable
- Deputy chief constable
- Assistant chief constable
- Chief Superintendent
- Superintendent
- Chief Inspector
- Inspector
- Sergeant
- Constable
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?
Access to legal advice can be delayed for 36 hours at most, if:
- Suspect is arrested for indictable only or either way offence (i.e. on the exam, something other than assault, battery, or theft under £200)
- Superintendent or above has authorised, and
- 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.
VERY NARROWLY APPLIED
- can deny right to named solicitor but rarely ANY solicitor
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?
Can be delayed for up to 36 hours with the same criteria used as when delaying access to legal advice, except an inspector can authorise delay.
What is the maximum time limit an individual can be detained without charge?
24 hours from ARRIVAL AT POLICE STATION
- unless extensions = granted.
Note - not time of arrest!
What are the four criteria for the first 12 hour custody extension?
- Suspect is arrested for Indictable only or either way offence.
- Superintendent or above has authorised
- Reasonable grounds to believe that further detention is necessary to secure/preserve/obtain evidence
- Investigation is being conducted diligently and expeditiously
When and how is a warrant extending detention period necessary?
Nedd to make an application to Magistrates Court is needed.(72 hours total)
* Two applications can be made (each extention cannot exceed total 36 hours)
* Total period D can be detained is 96 hours (72 hours from mags + 36 hours (24 hrs standard time + 12 hrs extention))
In what three situations must an identification procedure be held?
- Witness has identified or purported to identify a suspect who is not known to them
- Witness expresses ability to identify a suspect
- Reasonable chance of eyewitness being able to identify a suspect
What are a suspect’s three rights in relation to the conduct of an identification procedure?
- To have the purpose explained
- Free legal advisor and solicitor/friend present
- Obligations and consequences of their decisions explained
What two consequences must be explained to a suspect in relation to an identification procedure?
- Suspect does not have to cooperate, but the procedure can still be conducted covertly and if they fail to cooperate = adverse inference may be drawn.
- If between being notified of the procedure and the procedure itself, a suspect changes their appearance, = adverse inference may be drawn
With regard to video identification and identification parades, what conditions must be met?
- Other participants must resemble suspect in age, height, appearance, and position in life and distinguishing features must be concealed
- Suspect must have chance to raise reasonable objections
- Witness must be warned that the suspect may not even feature
Four possible objections to the conduct of a video identification or identification procedure
- Failure to take into account reasonable objections regarding appearance of others
- Failure to keep witness away from suspect before or during.
- Failure to keep witnesses apart before or during
- Failure to warn witness that suspect might not be present
In what situation should a suspect not be interviewed?
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
What is a custody record which a solicitor will review when advising a suspect?
A log of the suspect’s time in detention maintained by the custody officer
Do the police have a duty to provide the solicitor with any evidence?
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
What is the warning that must be given when being advised of the right to remain silent?
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
What is a special caution, and what will trigger the requirement for one?
If 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
In addition to answering questions and declining to answer, a suspect can give a handwritten statement. What is the benefit of this?
- Allows suspect to give an account of events, in a manner that prevents adverse inference from being drawn (ie. by staying silent).
- Prevents further police questioning in way that may lead suspect to reveal more than they wish to.
Who is a vulnerable suspect under PACE?
Minors and those with mental disorders or other vulnerabilities
What safeguard is absolutely required when a suspect is deemed vulnerable?
Access to an appropriate adult who is not affiliated with the police, taking into account the wishes of the suspect