2. Police Station Advice Flashcards
List the Summary offences (3)
Assault
Battery
Criminal Damage less than £5,000
List the either-way offences (7)
Arson
ABH
Criminal Damage Over £5,000
GBH
Theft
Burglary
Fraud
List the indictable-only offences (4)
Robbery
Aggravated Offences
Murder
Involuntary Manslaughter
Who can apply for a written charge and requisition?
Public prosecutors
What is laying an information?
Giving magistrates information about the offence who summons D to appear in court. Can be used by private prosecutors.
What should the charge / summons / requisition contain?
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.
In the magistrates court, what is the general time limit for bringing proceedings?
6 months
What should solicitors do in response to breaches of conduct?
Keep a record
When is a client vulnerable?
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
When can a vulnerable person be interviewed without an appropriate adult?
If a superintendent think it wouldn’t significantly harm the person and delay with interfere with evidence, harm people, result in property loss, etc.
If you hand in a prepared written statement, what should D do during the interview?
No comment
When can a solicitor be removed from an interview?
If they are being too disruptive, a superintendent can authorise removal.
In which 3 situations may an adverse inference be drawn?
- D relies on something at trial they didn’t bring up in the interview.
- D fails to account for an object, substance, or mark found on them at arrest.
- D fails to account for their presence on arrest at a particular place.
In which two situations are adverse inferences not permitted, no matter what D does / doesn’t say?
- D has been denied access to legal advice.
- D was not cautioned during interview.
When must video identification be held under PACE?
Witness claims to have identified the suspect, or has a reasonable chance of doing so; and the suspect disputes being the identified person
Four types of identification procedure during investigation
Video Identification
Identification Parade
Group Identification
Confrontation by Witness
How many other people must be in the video clips in video identification?
At least 8
What should the police do if D has an unusual physical feature with regards to identification procedure?
Cover it or replicate it amongst the other people
How many people are in the identification parade?
8+
True or false: in an identification parade, D is randomly assigned a position in the line.
False - D can choose their position.
Procedurally, what does the judge do if a breach of PACE is alleged at trial?
Voire dire
If the judge decides to admit evidence in breach of PACE, what can D do?
Tell the jury it’s in breach of PACE during closing statement
When is a Turnbull direction necessary?
When R’s case depends substantially on video identification, and D contests the identification
What will the Turnbull direction say?
Mistaken witnesses can be convincing; examine how the witness identified D in procedure; keep in mind specific weaknesses in identification evidence
When will the judge not give a Turnbull direction but direct a not guilty verdict in response to R’s identification evidence?
When the identification evidence is poor quality and unsupported by other evidence
Factors affecting quality of identification evidence
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
