2. Police Station Advice

Question 1

List the Summary offences (3)

Answer 1

Assault
Battery
Criminal Damage less than £5,000

Question 2

List the either-way offences (7)

Answer 2

Arson
ABH
Criminal Damage Over £5,000
GBH
Theft
Burglary
Fraud

Question 3

List the indictable-only offences (4)

Answer 3

Robbery
Aggravated Offences
Murder
Involuntary Manslaughter

Question 4

Who can apply for a written charge and requisition?

Answer 4

Public prosecutors

Question 5

What is laying an information?

Answer 5

Giving magistrates information about the offence who summons D to appear in court. Can be used by private prosecutors.

Question 6

What should the charge / summons / requisition contain?

Answer 6

Statement of offence in ordinary language, with statutory references, and sufficient particulars for D to know what is alleged. Notice setting out when and where D needs to attend court.

Question 7

In the magistrates court, what is the general time limit for bringing proceedings?

Answer 7

6 months

Question 8

What should solicitors do in response to breaches of conduct?

Answer 8

Keep a record

Question 9

When is a client vulnerable?

Answer 9

When they can’t understand the full gravity of the situation, or communicate properly. If an officer suspects the person is vulnerable, they treat them as such

Question 10

When can a vulnerable person be interviewed without an appropriate adult?

Answer 10

If a superintendent think it wouldn’t significantly harm the person and delay with interfere with evidence, harm people, result in property loss, etc.

Question 11

If you hand in a prepared written statement, what should D do during the interview?

Answer 11

No comment

Question 12

When can a solicitor be removed from an interview?

Answer 12

If they are being too disruptive, a superintendent can authorise removal.

Question 13

In which 3 situations may an adverse inference be drawn?

Answer 13

1. D relies on something at trial they didn’t bring up in the interview.
2. D fails to account for an object, substance, or mark found on them at arrest.
3. D fails to account for their presence on arrest at a particular place.

Question 14

In which two situations are adverse inferences not permitted, no matter what D does / doesn’t say?

Answer 14

1. D has been denied access to legal advice.
2. D was not cautioned during interview.

Question 15

When must video identification be held under PACE?

Answer 15

Witness claims to have identified the suspect, or has a reasonable chance of doing so; and the suspect disputes being the identified person

Question 16

Four types of identification procedure during investigation

Answer 16

Video Identification
Identification Parade
Group Identification
Confrontation by Witness

Question 17

How many other people must be in the video clips in video identification?

Answer 17

At least 8

Question 18

What should the police do if D has an unusual physical feature with regards to identification procedure?

Answer 18

Cover it or replicate it amongst the other people

Question 19

How many people are in the identification parade?

Answer 19

8+

Question 20

True or false: in an identification parade, D is randomly assigned a position in the line.

Answer 20

False - D can choose their position.

Question 21

Procedurally, what does the judge do if a breach of PACE is alleged at trial?

Answer 21

Voire dire

Question 22

If the judge decides to admit evidence in breach of PACE, what can D do?

Answer 22

Tell the jury it’s in breach of PACE during closing statement

Question 23

When is a Turnbull direction necessary?

Answer 23

When R’s case depends substantially on video identification, and D contests the identification

Question 24

What will the Turnbull direction say?

Answer 24

Mistaken witnesses can be convincing; examine how the witness identified D in procedure; keep in mind specific weaknesses in identification evidence

Question 25

When will the judge not give a Turnbull direction but direct a not guilty verdict in response to R’s identification evidence?

Answer 25

When the identification evidence is poor quality and unsupported by other evidence

Question 26

Factors affecting quality of identification evidence

Answer 26

Amount of time under observation
Distance
Visibility conditions
Obstructions
Known / Seen before
Any reason to remember D
Time lapse between incident and identification procedure
Error or difference in witness’s account