2: Preliminaries to prosecution Flashcards
Interview: If reasonable grounds suspect, MUST caution. No caution:
- Solely establish vehicle ownership
- Proper + effective search
Caution = commencement interview +reminded after break. Minor deviation = allowed. Failure? = MAY =exclusion evidence.
Special warnings MUST where
MUST where:
- Account for any object, mark substance
- Account for presence
Officer MUST inform – entitlement free legal advice. Violation = exclusion.
Begin interview – officer MUST
put to him: significant statement/silence
Interviews cease:
- All questions asked
- Officer took available evidence
- Sufficient evidence realistic prospect conviction
Interviews = generally must = recorded. Suspect verifies record. Failure = MAY = exclusion
Interpreter =
When need interpreter, MAY interview without = authorised super intendant.
Intoxicated person =
Cannot interview – Test: not
Cannot interview – Test: not appreciate significance of questions + answers, UNLESS authorised = superintendent.
Handcuffs = used where:
- Reasonably necessary = prevent escape
- Prevent violent breach of peace by prisoner
What if the contions of handcuffs are not satisfied?
Violation = trespass, but arrest = lawful.
Arrest = unlawful if no possibility charge being made. BOP on officer to show good faith.
What happens after the police arrests a suspect?
take to designated police station, can delay but reasons MUST = recorded. Released on bail if: necessary+proportionate + inspector authorises.
Mags Arrest warrant = justice MAY issue warrant on written info, can endorse for bail. Condition:
- Person 18 years
- Offence is
- Indictable
- Punish with imprisonment
- Address not established for summons
What is a Private pros =
warrant NOT issued without consent DPP.
Custody officer =
- Authorises detention, D may not released except on his authority
- Responsible for compliance PACE +Code of practice
- Record in custody record matters of PACE.
CC Arrest warrant =
What must be present on the warrant?
= indictment MUST signed + D not sent for trial, CC may = summons or warrant.
What must happen after arrest?
After arrest – D goes to any police station, UNLESS necessary to detail more 6 hrs = designated police station.
Custody officer MUST = sergeant + appointed each designated police station.
If no CO, another officer MAY this role, but NOT involved in investigation.
Custody record MUST open
WHEN?
ASAP. If D is transferred another police station, MUST show: time + reason.
Interview conducted @ = police station/ authorised place. No need police station -) delay likely to:
- Alert suspected people
- Hinder recovery property
- Inference evidence
MUST NOT interview/written statement – absence appropriate adult:
- Juvenile
- Mentally disordered
- Vulnerable person
Juvenile – MAY interview @ place of education, if principal agrees. Principal MAY act appropriate adult.
When arrest, MUST inform of:
- Ground arrest
- Arrest necessary
- Nature offence
- When + where committed
Violation = unlawful
Civilian only arrest for indictable offences. Test= necessity.
Necessary reasons =
- Name to be ascertained
- Address to be ascertained
- Prevent person
- PI to himself
- Cause damage
- Offence of public decency
- Cause unlawful obstr highway
- Protect child/vulnerable
- Promote+effective investigation
- Stop disappearance
What is the notification of arrest?
Notification arrest = arrested + held in custody.
Right of: friend, relative, other told of arrest + place. Custody officer informs D. Person chosen MUST = informed location @ public expense + If D wants, taken another station.
What is the notification of arrest?
What happens if D’s friend is not contacted?
If person not contacted, D choose 2 alternatives. If not contacted, CO discretion allow further attempts.
Can a Juvenile be forced to see a solicitor?
Juvenile CANNOT forced to see solicitor.
If officer – ANY reason to suspect person =
Ivulnerable, person MUST be treated so.
Before removing/keeping person in place of safety, constable MUST =
consult medical practitioner/nurse etc.
Where can a child not be detained
in police cell as place of safety.
Max period of detention of vulnerable person?
Max period detention from 72 -24 hours, extended by 12 hours = authorised medical practitioner.
Mental/vulnerable adult, only detention @police station as place of safety if:
- Imminent risk of serious injury/death
- No other place of safety can reasonably be expected
- Health care should be present + available.
Authorised by inspector.
Appropriate adults should:
- Support, advise + assist
- Observe police = fair
- Assist in communication
- Help D understand rights.
Juvenile/mental/vulnerable MUST not interviewed without appropriate adult, UNLESS delay = interference with/harm evidence. Authorised = superintendent.
Who is an Appropriate adult?
Juvenile = parent/guardian/social worker etc, NOT police officer.
Appropriate adult – mental/vulnerable = relative/guardian, or 18 +. NOT solicitor.
NOT be appropriate adults:
- Suspected involvement in offence
- Victim
- Involved in investigation
- Received admissions.
Office of DPP = barrister/solicitor 10 years standing, appointed by A-G. Duties
- Take over crim proceedings
- Institute/conduct crim proceedings
- Advise police force
- Appear for pros on appeals from HC to SC
- Give/refuse consent
DPP is head of CPS. CPS is NOT instructed by police. CPS takes over prosecutions begun by police. DPP must issue guidance in:
- Determining whether proceedings instituted/continued
- Determining charges preferred
- Considering reps made in mags court
How can someone be identified?
If juvenile
juvenile, of 14-18, consent from: juvenile AND parent/guardian.
Below 14 = consent parent/guardian.
Detention time limit =
24 hrs
Can you extend the detention time limit?
Extension – indictable offence = 36 hours (authorised superintendent). Extension – mags court = 96 hrs.
When detention time limit expired release without charge, cannot be re-arrested UNLESS new evidence. Hospital time – NOT count. Relevant time = D first arrives at police station or 24 hours after arrest, whichever earliest.
DPP MAY appoint person not members of Service. MUST general qualification, person = all powers of Crown Pros. DPP can appoint associate pros not legally qualified. Associate pros:
- May represent CPR on bail apps/pre-trial apps
- Conduct trials, where non-imprisonable summary offence
- Represent CPS in preventable civil orders
“Relevant pros” can only bring written charge and requisition procedure. Includes: police, DPP.
Issue summons =
How is this done?
= at mags, pros must serve written app or present it oraly. On laid information, justice may issue: a summons or warrant. Justice clerk may issue summons NOT warrant.
A requisition or summons MUST
- Contain a notice setting out when and where the accused must attend the court; and
- Specify each offence
- Identify the issuing court
AND A REQUISITION MUST:
- Identify the person under whose authority it is issued.
Time limit for starting pros for:
SUMMARY OFFENCE –
– information MUST have been laid within 6 months offence.
Time limit for starting pros for:
Indictable offence:
no time limite
Time limit for starting pros for:
Either way offence:
no time limit
