2. Preliminaries to Prosecution Flashcards
When must a caution be given to someone? (3)
- A caution is required when there is “some REASONABLE, OBJECTIVE GROUNDS for the suspicion [of an offence], based on known facts or information”.
- A caution must also always be given on arrest.
- A caution must be administered at the commencement of an interview, whether or not it is conducted in a police station. The suspect must also be reminded he is under caution at the recommencement of an interview after any break.
What must a caution consist of?
“You do not have to say anything. But it may harm your defence if you do not mention when questioning something which you later rely on in Court. Anything you do say may be given in evidence.”
Minor deviation from these words is permissible. If it appears that the suspect does not understand the caution, the person giving it should explain it in his own words.
When is a caution not necessary? (4)
a) if questions are solely to establish identity or ownership of a vehicle;
b) to obtain information in accordance with a statutory requirement;
c) in furtherance of the proper and effective conduct of a search;
d) to seek verification of a written record of comments made by the person outside an interview.
It follows that questioning of a person in circumstances where a caution does not have to be administered does not amount to an interview for the purposes of Code C.
Where may a police interview be conducted?
Following arrest, he must NORMALLY be interviewed only at a police station or other authorised place of detention.
BUT, exception where delay would be likely to:
a) lead to interference with or harm to evidence connected with an offence or to other persons or property.
b) lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it;
c) hinder the recovery of property obtained in consequence of the commission of an offence.
Interviewing in these circumstances MUST CEASE once the relevant risk has been averted or the necessary questions have been put to avert the risk.
What is the time limit for commencing proceedings in respect of a Summary Offence?
Proceedings must be commenced WITHIN 6 MONTHS OF THE COMMISSION of the offence.
(unless the relevant statute says otherwise)
What is the time limit for commencing proceedings in respect of an Either Way Offence?
There is NO TIME LIMIT - unless the relevant statute says otherwise.
What are the three ways of commencing criminal proceedings?
- Written Charge & Requisition
- Private Prosecution
- Charge, following arrest.
When would a Written Charge & Requisition be appropriate?
These are normally reserved for relatively minor offences. It is a way of instigating criminal proceedings without having to involve the court beforehand.
The Written Charge sets out the nature and particulars of the offence and is issued with a Requisition, which requires the recipient to appear before the Mags’ Court to answer the charge.
How does one initiate a private prosecution?
An application may be made to a magistrates’ court for the issue of a summons or an arrest warrant requiring the accused to attend before it (sometimes known as ‘laying an information’).
What two conditions must be satisfied for the police to make an arrest without warrant?
the police must have REASONABLE GROUNDS both for:
(i) suspecting the person has committed, is committing or about to commit an offence; AND
(ii) believing the arrest is NECESSARY to achieve a legitimate objective.
To be reasonable, the basis for suspecting the commission of an offence must be honestly held and objectively rational.
Once arrested, the person should normally be taken to a designated police station straightaway. But what are the two exceptions?
(i) Where the suspect is taken somewhere else consensually, for example to check out his alibi.
(ii) Where the suspect is given ‘street bail’ (where the suspect is released under obligation to attend the police station at a future time and date).
What are the relevant rules concerning Street Bail? (3)
- The bailed suspect must be given a written notice setting out all relevant detail;
- if he fails to attend the police station as required, he will be subject to arrest;
- Pre-charge police bail should last no more than 28 days, unless the circumstances are exceptional, and any changes in bail conditions would normally be sought from the relevant police station.
What 3 requirements must be satisfied for the Magistrates’ Court to issue a warrant authorising search of a premises before an arrest?
(a) if the offence is SERIOUS ENOUGH;
(b) the evidence is likely to be COGENT ENOUGH (and not protected by legal privilege);
(c) there is NO OTHER ALTERNATIVE.
Who is responsible for suspect when they are at the police station? What must they do?
A custody officer. This should be an officer of at least sergeant rank and have no connection to the offence in question.
They must keep a custody record.
Once the Custody Officer has reviewed the suspect’s detention and the evidence against him, what four options does he have?
- Release from custody immediately.
- Charge with an offence.
- Sanction further detention without charge.
- Release on police bail.
How long can the police keep a suspect in custody without reviewing their detention?
6 hours. After the first 6 hours the custody officer must review the suspect’s detention and consider whether further detention is necessary.
If a suspect has been detained without charge for 24 hours, who can authorise further detention and on what basis?
A superintendent or above may authorise 12 further hours of detention if they are satisfied that there are reasonable grounds for believing further detention necessary for securing/preserving evidence or for further questioning.
What must the police do after a suspect has been detained in custody without charge for 15 hours?
Ordinarily, this is when the second review of the suspect’s detention should take place (9 hours after the first review).
What must the police do if they want to detain a suspect for more than 36 hours?
They must apply for authorisation to the Magistrates’ Court. They can give authorisation for a further 36 hours if they are satisfied that there are reasonable grounds for believing further detention necessary for securing/preserving evidence or for further questioning.
Having obtained permission from the Mags’ Court, what must the police do if they wish to detain a suspect beyond 72 hours?
Apply again to the Mags’ Court for authorisation for a further 24 hours detention.
Can the police detain a suspect for more than 96 hours?
No - they must charge or release the suspect, possibly on bail (unless Terrorism Offences apply).
What must the police obtain before asking any witness to take part in an identification procedure regarding a suspect?
A written record of the witness’s description of the alleged perpetrator.
When must a suspect be given the opportunity to an identification procedure?
When their identification as the perpetrator of the offence is disputed by them.
What happens if there is a possibility that the perpetrator’s identification will be challenged in court and the police do not hold an ID procedure before charge?
The witness’s identification evidence could be deemed inadmissible under PACE s78.