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Criminal lit > 2: Preliminaries to prosecution > Flashcards

2: Preliminaries to prosecution Flashcards

1
Q

Interview: If reasonable grounds suspect, MUST caution. No caution:

A
  1. Solely establish vehicle ownership
  2. Proper + effective search

Caution = commencement interview +reminded after break. Minor deviation = allowed. Failure? = MAY =exclusion evidence.

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2
Q

Special warnings MUST where

A

MUST where:

  1. Account for any object, mark substance
  2. Account for presence

Officer MUST inform – entitlement free legal advice. Violation = exclusion.

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3
Q

Begin interview – officer MUST

A

put to him: significant statement/silence

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4
Q

Interviews cease:

A
  1. All questions asked
  2. Officer took available evidence
  3. Sufficient evidence realistic prospect conviction

Interviews = generally must = recorded. Suspect verifies record. Failure = MAY = exclusion

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5
Q

Interpreter =

A

When need interpreter, MAY interview without = authorised super intendant.

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6
Q

Intoxicated person =

Cannot interview – Test: not

A

Cannot interview – Test: not appreciate significance of questions + answers, UNLESS authorised = superintendent.

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7
Q

Handcuffs = used where:

A
  1. Reasonably necessary = prevent escape
  2. Prevent violent breach of peace by prisoner
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8
Q

What if the contions of handcuffs are not satisfied?

A

Violation = trespass, but arrest = lawful.

Arrest = unlawful if no possibility charge being made. BOP on officer to show good faith.

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9
Q

What happens after the police arrests a suspect?

A

take to designated police station, can delay but reasons MUST = recorded. Released on bail if: necessary+proportionate + inspector authorises.

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10
Q

Mags Arrest warrant = justice MAY issue warrant on written info, can endorse for bail. Condition:

A
  1. Person 18 years
  2. Offence is
    1. Indictable
    2. Punish with imprisonment
    3. Address not established for summons
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11
Q

What is a Private pros =

A

warrant NOT issued without consent DPP.

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12
Q

Custody officer =

A
  1. Authorises detention, D may not released except on his authority
  2. Responsible for compliance PACE +Code of practice
  3. Record in custody record matters of PACE.
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13
Q

CC Arrest warrant =

What must be present on the warrant?

A

= indictment MUST signed + D not sent for trial, CC may = summons or warrant.

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14
Q

What must happen after arrest?

A

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.

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15
Q

Custody record MUST open

WHEN?

A

ASAP. If D is transferred another police station, MUST show: time + reason.

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16
Q

Interview conducted @ = police station/ authorised place. No need police station -) delay likely to:

A
  1. Alert suspected people
  2. Hinder recovery property
  3. Inference evidence
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17
Q

MUST NOT interview/written statement – absence appropriate adult:

A
  1. Juvenile
  2. Mentally disordered
  3. Vulnerable person

Juvenile – MAY interview @ place of education, if principal agrees. Principal MAY act appropriate adult.

18
Q

When arrest, MUST inform of:

A
  1. Ground arrest
  2. Arrest necessary
  3. Nature offence
  4. When + where committed

Violation = unlawful

19
Q

Civilian only arrest for indictable offences. Test= necessity.

Necessary reasons =

A
  1. Name to be ascertained
  2. Address to be ascertained
  3. Prevent person
    1. PI to himself
    2. Cause damage
    3. Offence of public decency
    4. Cause unlawful obstr highway
  4. Protect child/vulnerable
  5. Promote+effective investigation
  6. Stop disappearance
20
Q

What is the notification of arrest?

A

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.

21
Q

What is the notification of arrest?​

What happens if D’s friend is not contacted?

A

If person not contacted, D choose 2 alternatives. If not contacted, CO discretion allow further attempts.

22
Q

Can a Juvenile be forced to see a solicitor?

A

Juvenile CANNOT forced to see solicitor.

23
Q

If officer – ANY reason to suspect person =

A

Ivulnerable, person MUST be treated so.

24
Q

Before removing/keeping person in place of safety, constable MUST =

A

consult medical practitioner/nurse etc.

25
Q

Where can a child not be detained

A

in police cell as place of safety.

26
Q

Max period of detention of vulnerable person?

A

Max period detention from 72 -24 hours, extended by 12 hours = authorised medical practitioner.

27
Q

Mental/vulnerable adult, only detention @police station as place of safety if:

A
  1. Imminent risk of serious injury/death
  2. No other place of safety can reasonably be expected
  3. Health care should be present + available.

Authorised by inspector.

28
Q

Appropriate adults should:

A
  1. Support, advise + assist
  2. Observe police = fair
  3. Assist in communication
  4. Help D understand rights.

Juvenile/mental/vulnerable MUST not interviewed without appropriate adult, UNLESS delay = interference with/harm evidence. Authorised = superintendent.

29
Q

Who is an Appropriate adult?

A

Juvenile = parent/guardian/social worker etc, NOT police officer.

30
Q

Appropriate adult – mental/vulnerable = relative/guardian, or 18 +. NOT solicitor.

NOT be appropriate adults:

A
  1. Suspected involvement in offence
  2. Victim
  3. Involved in investigation
  4. Received admissions.
31
Q

Office of DPP = barrister/solicitor 10 years standing, appointed by A-G. Duties

A
  1. Take over crim proceedings
  2. Institute/conduct crim proceedings
  3. Advise police force
  4. Appear for pros on appeals from HC to SC
  5. Give/refuse consent
32
Q

DPP is head of CPS. CPS is NOT instructed by police. CPS takes over prosecutions begun by police. DPP must issue guidance in:

A
  1. Determining whether proceedings instituted/continued
  2. Determining charges preferred
  3. Considering reps made in mags court
33
Q

How can someone be identified?

If juvenile

A

juvenile, of 14-18, consent from: juvenile AND parent/guardian.

Below 14 = consent parent/guardian.

34
Q

Detention time limit =

A

24 hrs

35
Q

Can you extend the detention time limit?

A

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.

36
Q

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:

A
  1. May represent CPR on bail apps/pre-trial apps
  2. Conduct trials, where non-imprisonable summary offence
  3. Represent CPS in preventable civil orders

“Relevant pros” can only bring written charge and requisition procedure. Includes: police, DPP.

37
Q

Issue summons =

How is this done?

A

= 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.

38
Q

A requisition or summons MUST

A
  1. Contain a notice setting out when and where the accused must attend the court; and
  2. Specify each offence
  3. Identify the issuing court
39
Q

AND A REQUISITION MUST:

A
  1. Identify the person under whose authority it is issued.
40
Q

Time limit for starting pros for:

SUMMARY OFFENCE –

A

– information MUST have been laid within 6 months offence.

41
Q

Time limit for starting pros for:

Indictable offence:

A

no time limite

42
Q

Time limit for starting pros for:

Either way offence:

A

no time limit

Criminal lit (28 decks)

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