2. Preliminaries to Prosecution

Question 1

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Answer 1

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Question 2

What happens if police fail to adhere to PACE Codes of Practice?

Answer 2

Failure to adhere does not render officers criminally or civilly liable but may:
- Be admissible in evidence during criminal or civil proceedings.
- Lead to exclusion of evidence in certain cases.

Question 3

What is the definition of an interview under Code C?

Answer 3

An interview is the questioning of a person about their involvement or suspected involvement in a criminal offence, which must be carried out under caution (Code C, para. 11.1A).

Question 4

(3) When is a caution required under Code C?

Answer 4

A caution is required:
- Before questioning about an offence.
- Before further questions if answers provide grounds for suspicion.
- When answers or silence may be used as evidence in court.

Question 5

Where must interviews be conducted under Code C? - 3 exceptions

Answer 5

Interviews must generally be conducted at a police station or authorised place of detention (Code C, para. 11.1). Exceptions include:
- Preventing harm to evidence or persons.
- Avoiding alerting other suspects.
- Recovering property connected to the offence.

Question 6

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Answer 6

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Question 7

What is the normal caution given at the start of an interview?

Answer 7

The caution is: ‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’ (Code C, para. 10.5).

Question 8

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Answer 8

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Question 9

What is a significant statement or silence?

Answer 9

A significant statement is one capable of being used in evidence, such as a direct admission of guilt. A significant silence refers to refusal to answer questions under caution (Code C, para. 11.1A).

Question 10

General Detention Time limit

Extensions (2)

Answer 10

A suspect may be detained for up to 24 hours without charge from the relevant time. Extensions include:
- Up to 36 hours with superintendent approval for indictable offences.
- Up to 96 hours with magistrates’ court approval for indictable offences.

Question 11

How is ‘relevant time’ defined for detention?

Answer 11

Relevant time is:
- The time the arrested person arrives at the first police station, or
- 24 hours after arrest, whichever is earlier.

Question 12

(2) What are the rights of suspects during detention?

Answer 12

Rights include:
- Right to inform someone of their detention (PACE 1984, s. 56).
- Right to consult a solicitor privately at any time (PACE 1984, s. 58).

Question 13

What is reasonable suspicion?

Answer 13

Reasonable suspicion requires:
- Objective and subjective justification based on facts or information.
- It is lower than prima facie proof but requires an honestly held belief.

Question 14

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Answer 14

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Question 15

What are the rules for using handcuffs during arrest?

Answer 15

Handcuffs can only be used when reasonably necessary to prevent escape or violence. Unjustified use constitutes trespass (D1.8).

Question 16

What is the time limit for commencing proceedings for summary offences?

Answer 16

Proceedings for summary offences must be commenced within 6 months of the offence. Both issue and service of the charge or summons should occur within this period.

Question 17

Are there time limits for either-way offences?

Answer 17

There are generally no time limits for either-way offences, unless a specific statute imposes one (D21.18).

Question 18

What are the rules for re-arrest after release without charge?

Answer 18

A person cannot be re-arrested for the same offence without new evidence or analysis that was unavailable earlier (D1.67).

Question 19

What is the role of the Director of Public Prosecutions (DPP)?

Answer 19

The DPP oversees criminal prosecutions and takes over proceedings initiated by the police, except for specified minor offences.

Question 20

What is the role of the CPS in prosecutions?

Answer 20

The CPS acts on behalf of the DPP to:
- Take over police prosecutions.
- Decide whether there is sufficient evidence to charge.
- Conduct criminal proceedings for serious cases.

Question 21

(5) What are the exceptions to the caution requirement?

Answer 21

Exceptions under Code C, para. 10.1(a)-(d):
- Questions to establish identity or vehicle ownership.
- Questions to obtain information under statutory requirements (e.g., Road Traffic Act).
- Questions necessary for the proper conduct of a search.
- Questions to verify a written record of comments made outside an interview.

Question 22

What is the alternative caution?

(2) when is it used?

Answer 22

You do not have to say anything, but anything you do say may be given in evidence.’

• It is used in exceptional circumstances, such as post-charge interviews or where a solicitor has been requested but consultation was not permitted.

Question 23

What are the consequences of failing to give a caution?

Answer 23

Failure to give a caution is a significant breach of Code C but does not automatically lead to evidence exclusion. The impact depends on the context and significance of the breach.

Question 24

(2) When must a special warning be given during interviews?

Answer 24

Special warnings must be given when a suspect is asked to account for:
- Objects, marks, substances, or marks on such objects found on their person, clothing, or possession.
- Their presence at the place of arrest. The warning must be in the terms set out in Code C, para. 10.11.

Question 25

(3) When should an interview cease?

Answer 25

An interview must cease when: - All relevant questions have been asked. - Sufficient evidence for a realistic prospect of conviction is obtained. - The custody officer decides there is sufficient evidence to charge.

Question 26

What are the rules for recording interviews?

Answer 26

Interviews must be contemporaneously recorded using authorised recording devices (Code E, para. 2.1). Relevant comments outside the interview must also be recorded and verified (Code C, para. 11.13).

Question 27

(1) What are the rules for interviewing children? + (1) exception (1) Can interviews occur at school

Answer 27

Children under 18 must have an appropriate adult present during interviews unless delay would cause serious harm or loss. Interviews should not occur at school without the principal’s consent.

Question 28

(1) What are the rules for interviewing mentally disordered or vulnerable persons? (1) exception

Answer 28

Mentally vulnerable persons must have an appropriate adult present to facilitate communication and protect their rights. Interviews without an appropriate adult require superintendent authorisation (Code C, para. 11.18).

Question 29

How should intoxicated persons be treated during interviews?

Answer 29

Intoxicated persons should not be interviewed if they cannot understand the significance of questions unless authorised by a superintendent (Code C, para. 11.18).

Question 30

What are the rules for using force during an arrest?

Answer 30

Force must be necessary and proportionate. Officers must demonstrate: - An honestly held belief in its necessity. - Objective reasonableness based on circumstances known at the time.

Question 31

What are the communication requirements for arrest?

Answer 31

Under PACE 1984, s. 28: - The arrested person must be informed of the fact of arrest and the grounds as soon as practicable. - The explanation must be in simple, non-technical language.

Question 32

(3) What are the procedural requirements for lawful arrest?

Answer 32

Procedural requirements include: - Informing the suspect of the reasons for arrest. - Administering a caution unless impracticable. - Recording the nature, reasons, and caution in the officer’s pocketbook or custody record.

Question 33

Where must arrested person be taken + when?

Answer 33

The arrested person must be taken to a designated police station as soon as practicable unless exceptional circumstances justify delay. Reasons for any delay must be recorded.

Question 34

What are the rules for release on bail following arrest?

Answer 34

A person can be released without bail or on bail requiring attendance at a police station. Conditions for bail include ensuring surrender and preventing further offences or interference with justice.

Question 35

(2) When can a person be arrested without a warrant?

Answer 35

Arrest without a warrant is allowed when: - The statutory conditions for arrest are satisfied. - It is necessary to prevent harm, escape, or further offences.

Question 36

(2) When can somebody arrest for for breach of the peace?

Answer 36

Any person can arrest for breach of the peace if: - Harm is being done or likely to be done to a person or property. - The arrest is necessary and proportionate.

Question 37

What can magistrates issue warrants based on? How may they be endorsed

Answer 37

Magistrates may issue warrants based on written information substantiated on oath. Warrants may be endorsed for bail or require detention until court appearance.

Question 38

When can Crown Court issue warrant (2)

Answer 38

The Crown Court may issue warrants when an indictment is signed but the accused has not been sent for trial, or if the accused fails to appear after being released on recognizance.

Question 39

(2) What are the rights for those who have been detained?

Answer 39

Detained suspects have rights under PACE, including: - Right to notification of detention. - Right to consult a solicitor privately.

Question 40

What is the role of the custody officer? (3)

Answer 40

The custody officer oversees detention, ensuring compliance with PACE and Codes of Practice. They must: - Open custody records. - Authorise and record detention decisions.

Question 41

(3) What must be included in custody records?

Answer 41

Custody records must document: - The nature and circumstances of the offence. - The reasons for detention. - Any statements or cautions made at the time of arrest.

Question 42

What are the rules for notification of arrest?

Answer 42

Detained persons have the right to request that someone is informed of their arrest and location of detention. This must be done as soon as practicable.

Question 43

What are the rules for consulting a solicitor?

Answer 43

Detainees have the right to consult a solicitor privately at any time. This right extends to all, including children, vulnerable persons, and volunteers.

Question 44

What are the rules for detaining children and young people? What are the rules for interviewing them/

Answer 44

Children under 18 cannot be detained in police cells except in exceptional circumstances. Appropriate adults must be present during interviews, and consent is required for certain procedures.

Question 45

What are the rules for detaining mentally disordered or vulnerable persons? What are rules for questioning them

Answer 45

Detention must account for their mental capacity. An appropriate adult must facilitate communication and ensure rights are protected.

Question 46

Who can act as an appropriate adult? Who cannot

Answer 46

Appropriate adults include: - Parents, guardians, or local authority representatives. - Responsible adults unaffiliated with the police.

Question 47

What are the detention time limits?

Answer 47

Detention without charge is limited to: - 24 hours for most offences. - 36 hours with superintendent approval for indictable offences. - 96 hours with magistrates’ court approval for indictable offences.

Question 48

3 ways in whcih procesution can be started?

Answer 48

A prosecution can be started by: - Arrest and charge. - Written charge and requisition. - Applying for a summons or arrest warrant.

Question 49

(2) How does written charge and requisition procedure work?

Answer 49

The written charge and requisition must: - Be issued by a relevant prosecutor. - Require the accused to appear before a magistrates' court.

Question 50

(2) What must application for summons contain + what form must it be in

Answer 50

Applications must: - Be written or oral with a written record. - Specify allegations and confirm compliance with any time limits.

Question 51

(2) What must be included in a written charge or summons application?

Answer 51

It must include: - Statement of the offence in ordinary language. - Particulars of the conduct constituting the offence.

Question 52

What is the time limit for starting proceedings for summary offences?

Answer 52

Proceedings must be commenced within 6 months of the offence. Both issue and service of the summons must occur within this time.

Question 53

What are the time limits for either-way offences?

Answer 53

There are generally no time limits for either-way offences unless specified by statute (e.g., certain offences with statutory time limits for indictment).

Question 54

What is the role of non-CPS prosecutors?

Answer 54

The Director of Public Prosecutions (DPP) may appoint individuals outside of the CPS to institute proceedings assigned to them by the DPP. These individuals: - Have the same powers as Crown Prosecutors when conducting proceedings. - Must exercise their powers under the instructions of a Crown Prosecutor. - Require CPS lawyer approval for significant decisions, such as offering no evidence or accepting a bind-over.

Question 55

What is the role of associate prosecutors?

Answer 55

Associate prosecutors are non-legally qualified staff appointed by the DPP to represent the CPS in specific proceedings. Their duties include: - Representing the CPS in bail applications and other pre-trial matters, such as requests for adjournments. - Conducting trials for non-imprisonable summary offences. - Handling proceedings relating to criminal behaviour orders and other preventative civil orders.