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.
Name 3 important rights a suspect must have at the police station.
(i) Right to inform someone of their detention.
(ii) Vulnerable witness’s need special care (e.g. Appropriate Adult).
(iii) Right to legal assistance
When can a suspect’s right to a solicitor be delayed?
When it is an indictable offence and a Superintendent or higher believes there are reasonable grounds for believing that informing the solicitor would lead to the interference of justice or cause undue delay to the investigation.
What are the potential consequences of wrongfully denying access to legal advice at trial?
Otherwise admissible evidence (e.g. a confession) may be deemed inadmissible.
What factors must the CPS/Police consider when deciding whether to charge an accused?
(i) the evidential stage - there must be sufficient evidence for a realistic prospect of conviction.
(ii) If so, they must consider whether pursuing the charge would be in the public interest.
What are the three possible outcomes for a defendant at the end of their First Appearance in the Magistrates’ Court (re Remand/adjournments)
(i) The Magistrates may remand the accused on bail, possibly with conditions attached. The date for the next hearing must be fixed.
(ii) He may be remanded in custody, with the date fixed hearing fixed.
(iii) The Magistrates may simply adjourn the case without remanding the accused, if
- it is for a summary offence (at all points before a conviction)
- when the accused appears following a summons/requisition for an either-way offence when they have not been previously remanded, and providing the offence has not yet been determined for trial on indictment (and before conviction if determined a summary offence).
If Remanded in Custody, how many times can an accused apply for bail on the ‘same information’?
Twice. The accused can make two bail applications on the same information. If he wishes to make a third application, his counsel must show that there is some ‘new information’ in order for the application to be heard.
Can an accused who has already been denied bail once make an application for bail to the Crown Court? If so, what are the requirements?
Yes. An accused who has been denied bail once by the Magistrates’ Court may apply to the Crown Court for bail. They will need a ‘Certificate of Full Argument’ from the Magistrates’ Court.
If the accused has been denied bail twice, they may still make an application to the Crown Court for bail, but will need to show that there is some ‘new information’ in relation to the application.
True or False - An accused who has been denied bail twice and cannot show some ‘new consideration’ will never be able to apply for bail.
False - the court retains a general discretion to allow a bail application.
What are the exemptions to the ‘rebuttable presumption to bail’?
- If an accused is accused of committing homicide/rape and has previous convictions for these offences. Bail may still be granted if there are exceptional circumstances to justify it.
- If an accused is accused of murder then only the Crown Court can grant bail - not the Mags.
An offence which carries a potential prison sentence - how do the CPS overcome the rebuttable presumption to bail?
- the CPS must show that there is a real prospect of a custodial sentence upon conviction for the defendant.
- the CPS must show that there are substantial grounds for believing the defendant would fail to surrender, commit a further offence whilst on bail, and interfere with witnesses or otherwise obstruct the course of justice.
Imprisonable offences - Other than the ‘big 3’, and where there is a real prospect of a custodial sentence upon conviction, what other reasons are there for denying bail?
- for the accused’s own protection;
- where further information is required;
- risk of domestic violence;
- where the accused committing this offence whilst on bail for another;
- where the accused has previously failed to surrender in these proceedings.
For non-imprisonable offences - when can the court deny bail to an accused?
- When the accused is under 18 and has previously failed to surrender in criminal proceedings;
- when the accused is under 18 and has been arrested for breaching bail conditions and the court believes there are substantial grounds for believing they would fail to surrender, commit a further offence, or interfere with the course of justice;
- for the accused’s own protection;
- when there is a domestic violence risk;
- when the accused is already serving a custodial sentence.
If an accused wishes to make an application to vary bail conditions and there case has been sent to the Crown Court, which court would hear the application?
The Crown Court.
The application to VARY VARIES depending on which court the case is currently in.
A police officer can arrest an accused who has been remanded on bail for three reasons - what are they (in relation to bail conditions)?
- A police officer has REASONABLE GROUNDS for believing the accused will fail to surrender to custody;
- a police officer has REASONABLE GROUNDS for believing that the accused will breach bail conditions, or already has done so;
- a Surety has written to the court stating that they believe the accused will fail to surrender to custody and wishes to withdraw as a surety for this reason.
When can a court impose bail conditions?
A court can impose bail conditions when they believe:
- if is necessary to prevent an accused from absconding, commit further offences, or interfering with the course of justice.
or
- for the accused’s own welfare/interests if they are a young person/child.
If an accused has been arrested on suspicion of breaching bail conditions, what is the procedure? Who will hear the case? When it will be heard?
Suspicion of breaching bail conditions will always be heard in the Magistrates’ Court, regardless of whether the case has been sent to the Crown Court.
The case may be heard by a Single Justice.
The case must be heard as soon as practicable, and within 24 hours (excluding Sundays).
What must the Magistrates’ consider when an accused appears before them having been arrested on suspicion of breaching (or planning to breach) bail conditions?
- The Magistrates must consider whether the defendant is likely to abscond/breach a bail condition, or if they already have.
If the Magistrates consider that they have (or will), then they must consider whether bail should be granted and, if so, on what conditions.
If an accused has been arrested under s7 (breach of bail conditions), then they will always be denied further bail - true or false?
False. The Magistrates may decide to impose bail again on the same conditions, or on different conditions, or not at all, following an arrest under s7.
If an accused is remanded in custody, what is the general rule in relation to how long they can be remanded for?
The general rule is 8 clear days.
What exemption to the 8 clear days rule does s128A MCA 1980 provide?
An accused may be remanded for a period up to 28 CLEAR DAYS if -
- he was present in the courtroom when this was decided;
- the accused has previously been remanded in custody for the same offence; and
- the court has fixed a date for the next stage of proceedings.
The Accused is fed up with appearing in court every 8 days for a remand hearing. What can he do?
An accused can consent to the next 3 remand hearings to take place in his absence providing:
- he is an adult; and
- is legally represented in the court proceedings.
He must appear on the 4th remand hearing - can only consent to three at a time.
What are the limits on the number of adjournments the court can make?
The only limit on the number of adjournments is the general discretion of the court where they believe that an adjournment would be against the interests of justice.
What is the maximum custody time limit between an accused’s first appearance at the magistrates’ court and the start of the summary trial?
56 days.
What is the maximum custody time limit between an accused’s first appearance at the magistrates’ court and being sent to the Crown Court?
70 days.
What is the maximum custody time limit between an accused being sent to the Crown Court for an indictable offence and the start of the trial?
182 days.
If a custody time limit (on remand) expires and there has been no extension application, what must happen to the accused?
They must be granted bail in relation to the offence upon which they have been remanded.
When can the CPS make an application to extend a custody time limit on remand and what must they show?
The application must be made BEFORE the custody time limit expires, and they must show -
- that the prosecution has acted with due diligence and expedition in relation to the case; and
- that there is sufficient cause for an extension.
If an accused has been granted bail and then fails to appear at the appointed next hearing - can the hearing proceed in his absence?
The hearing can proceed in his absence - but this discretion will be applied with caution and with due regard to the overall fairness of the proceedings.
If a bailed accused fails to appear at the appointed next hearing, what can the court do to secure his appearance?
- Issue a warrant for his arrest (most likely not backed for bail);
- send a warning letter to his last known address;
- adjourn and extend bail (usually happens when there is a good reason for his absence - important for the court to obtain medical evidence if accused claims to be unfit).
Does the Accused have to attend the Plea Before Venue?
The Accused SHOULD attend the PBV, but the Court can proceed in his absence if
- he is legally represented;
- his disorderly behaviour before the court previously means it is not practicable for him to attend; and
- the court considers that it should proceed.
Does the Accused have to attend the Mode of Trial/Allocation?
The Accused SHOULD attend the Allocation, but the Court can proceed in his absence if:
- his disorderly behaviour before the court previously means it is not practicable for him to attend;
or - he has a legal representative who signifies to the court that the defendant consents to it taking place in his absence and the court decides that there are good reasons for doing so (e.g. sickness)
What must the court do if the accused enters an ambiguous plea?
They should explain the relevant law to him and ensure he understands the implications of his answer, and then ask him again.
If he still gives an ambiguous plea, they must enter a not guilty plea.
Where will a child, charged alongside an adult, have his Plea Before Venue?
Magistrates Court.
What should a court ask for before proceeding to the mode of trial in the case of an either way offence?
The court should ask both the prosecution and defence for representations regarding the choice of venue.
The court should assess all aspects of the case (including matters which may be relevant to sentencing, such as previous convictions).
On what basis will a Magistrates’ court decide that they do not have jurisdiction to try an either way offence?
- Their sentencing powers would likely be exceeded in the event of a conviction (taking into account personal mitigation);
- The case would be too complex (i.e. factually or legally) for Magistrates to handle.
If the Magistrates decide they do have jurisdiction to hear the either way offence, does that mean they definitely will?
No - the accused must consent to a summary trial in the magistrates. The accused could still elect to a jury trial in the Crown Court.
Does the Court have to give an indication of sentence at the Court Allocation stage?
No - it does not have to, but it can. The accused may ask for an indication of plea if Magistrates decide they have jurisdiction for the offence.
If the Magistrates do give an indication that there would not be a custodial sentence - NO COURT can impose one (unless the dangerous offender provisions apply).
What are the rules concerning two types of either way offences which must only be tried summarily?
- Criminal damage where the damage does not exceed £5000 must be tried in the Magistrates;
- Low-value shoplifting (under £200) can also only be tried summarily - However, the accused must still be given the opportunity to elect a jury trial.
When MUST a child/young person have their case tried in the Crown Court?
- When the offence is homicide or a specified firearms offence?
- When the offence would carry a 14 year prison sentence if committed by an adult or is one of the specified offences under s91 (sexual offences) AND the court is of the view that a sentence of 24 months is likely;
- When charged alongside an adult who is due to have his case heard in the Crown Court and the Magistrates take the view that it would be in the interests of justice for them to be tried together.
When MAY a child/young person have their case tried in the Magistrates?
If they are charged with aiding/abetting or linked offences concerning an adult who is due to have his case tried in the Magistrates.
What is the difference between Facts in Issue and Collateral Facts?
Facts in Issue go to the nature of the offence and the defences, etc.
Collateral Facts are those regarding a subsidiary matter. It is not a fact in issue, but goes to whether the offence is proved (e.g. credibility, competence).
What is the difference between Direct and Circumstantial evidence?
A piece of direct evidence speaks directly to a fact in issue. Circumstantial evidence requires an inference to be drawn (e.g. relating to motive, alibi, dishonesty).
What is a Voir Dire and when will one take place?
It is a trial within a trial. The court may hold one of these to determine a preliminary matter, such as the competence of a witness or the admissibility of a confession.
In the Crown Court a Voir dire takes place in the absence of a jury.
In the Magistrates’ Court, the Voir Dire may be conducted by a different panel then that which actually tries the case.
What standard of proof is required if the Defendant bears the Legal Burden of Proof for something?
Balance of probabilities - the Defendant will never be asked to prove something “beyond reasonable doubt/so that the jury is sure”.
What type of hearing may a judge hold in advance of the cross-examination of a vulnerable witness?
A Ground Rules Hearing.
What is the case law for submission of no case to answer and what is the legal test?
Gailbraith - the prosecution evidence is insufficient for any reasonably court properly to convict.
The pros must be given an opportunity to make representations in response.
The mags do not have to give reasons for rejecting a submission of case to answer.
If the defence make a submission of no case to answer, what can the prosecution do to avoid an acquittal?
The court must hear representations from the prosecution when considering a submission of no case to answer.
Additionally, the court has a discretion to reopen the prosecution case in an attempt to cure the deficiencies in evidence, rather than acquitting and upholding no case to answer PROVIDING doing so would not prejudice the interests of justice.
The Mags court has to determine matters of admissibility before trial - true or false?
False - the court has a discretion as to when to determine admissibility.
If the prosecution witness has attended court, do the prosecution have to call him?
The pros is obliged to call that witness if the defence requests, or at least give them an opportunity to cross-examine.
However, the court cannot compel the pros to call the witness. BUT if the court is satisfied that not calling the witness denies the defence a fair trial, the court has power to dismiss as an abuse of process.
Can the prosecution tender a written statement as evidence in the mags/crown court rather than calling the maker?
Yes - the pros can make use of s9, CJA 1967.
The statement must be signed by the person making it, served on the parties before the hearing, and contain a declaration from the maker stating it is true to the best of their knowledge.
The defence can object to the use of this statement as evidence.
Does the prosecution have to give an opening speech in the mags court?
No - the prosecution MAY summarise their case, identifying relevant law and facts.
Can the defence given an opening speech after the prosecution in a summary or a jury trial?
The court may invite the defence to identify the issue in the case - but they have no right to make an opening speech.
What does the magistrate have to do prior to the defence giving evidence?
Explain that the accused is entitled to give evidence and that adverse inferences may be drawn if he declines to give evidence or refuses to answer questions when testifying.
If the accused is going to give evidence for the defence in the mags, who should be called first?
The accused.
In the mags, can the prosecution give further evidence after the defence has finished given theirs?
Yes.
The pros can introduce ‘rebuttal evidence’ if something has arisen that COULD NOT REASONABLY HAVE BEEN FORESEEN DURING THE DEFENCE CASE, or where the defence is INTENDED TO REMEDY A TECHNICAL DEFICIENCY IN THEIR CASE.
In addition, the court can hear applications to hear further evidence even after the bench has retired to consider its verdict (rarely allowed).
During the trial, the magistrates can only hear representations from the parties in court - true or false?
False - mags have a discretion to hear representations in private. However, this must be exercised with caution, both parties need to be made aware (unless an ex parte issue) and a contemporaneous note should be taken.
Can the pros make a closing speech in a summary trial?
Yes, but only if:
(i) the accused is represented;
or
(ii) if not represented, has called evidence other than his own testimony.
Does the magistrates have to give reasons for a conviction?
Yes. the court must give sufficient reasons to explain its decision to convict.
Can the mags convict a defendant on a lesser charge to that he was accused of?
No UNLESS statutory provisions apply (e.g. driving offence)
If D is charged with alternative offences during a summary trial, and is found guilty of the more serious one, does the mag need to give a verdict on the lesser alternative?
No - they should give no verdict on the lesser alternative.
What is the test for submission of no case to answer in the CROWN court?
Where the judge comes to the conclusion that the prosecution evidence, taken at its highest, is such that a jury properly directed COULD NOT PROPERLY CONVICT UPON IT, it is his duty to stop the case.
When does the Defence have a right to an opening speech (at the start of their evidence) in jury trials?
ONLY if the Defence intend to call evidence as to the facts of the case other than, or in addition to, the evidence of the accused.
What should the defence counsel do if the defendant decides not to give oral evidence?
Record the decision and have it signed by the defendant.
If the accused is giving evidence, who should normally be called afterwards?
Character witnesses - unless there are other witnesses as to the facts.
Can the judge call witnesses of its own accord in the crown court?
Yes - it is has a discretion to call witnesses neither the pros or the defence have chosen to call. This should be used sparingly and only in the interests of justice.
Does the pros have a right to a closing speech in a jury trial?
YES, but if the D is legally represented but does not give or call any evidence, normal practice is for no closing speech from pros.
What two things should the judge bring to the attention of the jury in summing up? Can he/she give them any written material?
(i) Direction on the law; and
(ii) Summary of the evidence.
If appropriate, the judge may provide the jury with a written list of questions, directions or other material to assist them in their deliberation.
What happens if the judge gives his own opinions when summing up the case to a jury?
This is fine, providing he tells them they are entitled to ignore this opinions, the judge may comment on the evidence in a way which indicates his own views.
Can the jury ask questions during their deliberation?
Yes - usually by passing a note to the bailiff who passes onto the judge.
Judges should normally share the content of jury questions with counsel and invite their view before answering them.
When are majority verdicts acceptable?
When the jury have been considering their verdict for such period as the court considers reasonable having regard to the nature and complexity of the case (and at least 2 HOURS).
What is the minimum majority allowed if a jury has been reduced to 9.
There is no majority allowed - it must be unanimous if the jury has been reduced to 9.
If the jury has been reduced to 10, what is the minimum majority allowed?
9-1.
If the jury has been reduced to 11, what is the minimum majority allowed?
10-1.
For a regular size jury (12), what is the minimum majority allowed
10-2.
What happens if the foreman of the jury fails to state in open court the number of jurors who agreed to and dissented from the verdict (in the event of a GUILTY verdict)?
The conviction will be quashed.
What happens if a jury cannot reach a majority decision?
The jury are discharged.
It then falls to the prosecution to apply for a retrial. If a second jury fails to reach a majority, the pros would normally offer no evidence after this point.
Can a jury find a defendant guilty of a lesser alternative?
For any offence other than treason or murder, if the allegations in the indictment amount to or include (expressly or by implication) an allegation of another offence falling with jurisdiction of the court, the jury may find him guilty of that other offence.
The judge is not obliged to direct the jury about the option of finding him guilty of an alternative offence (unless it has obviously been raised by the evidence).
Are magistrates required to give reasons for their decision to acquit?
No. They may do, but there is no obligation.
What is the general rule for magistrates committing an accused to the crown court for sentencing?
They do so when they are of the opinion that the offence(s) are so serious that the appropriate sentence exceeds their powers.
A defendant has plead guilty to a number of either way offences, and also has plead not guilty to a number of either way offences. When can the crown court exceed magistrates’ sentencing powers in relation to the offences he plead guilty to?
ONLY if either:
(i) the Mags stated that they considered their sentencing powers were inadequate to deal with the offender for those offences;
or
(ii) the offender is convicted by the Crown Court of one or more of the related offences.
If not, the crown court may sentence but only within the sentencing powers of the magistrates.
What is the minimum age for a child to be sentenced to a DTO?
12, but effectively it is 10 - as the youth court can impose a DTO on a child under 12 if they believe it necessary for public to be adequately protected.
What is the minimum/maximum length of a DTO?
4 - 24 months.
DTOs cannot be consecutive - true or false.
False.
Only the Youth Court can impose a DTO - true or false.
False. The Crown Court have identical powers to impose a DTO on a child or young person.
What must a child of 12-14 years be considered to be, in order for them to be sentenced to a DTO?
A ‘persistent offender’.
What must be obtained by the court before considering the imposition of a DTO?
A pre-sentence report.
When can a Youth Rehabilitation Order include fostering or an intensive supervision and surveillance requirement?
When the offence is imprisonable.
When is Referral Order in respect of a youth offender mandatory?
- the offender is under 18;
- no custodial sentence, hospital order or absolute/conditional discharge imposed;
- offence is punishable with imprisonment;
- offender pleaded guilty to the offence and any connected offence; and
- the offender has no previous convictions.
When is a Referral Order in respect of a youth offender not mandatory?
When the requirements for the mandatory ROs have not been met.
What is the maximum compliance period of a conditional discharge and what happens if the offender breaches the conditions?
A specified period of up to 3 years.
The court which handed out the discharge may sentence the offender for the original sentence in any manner in which it could have dealt with him if he had just been convicted before the court for the offence (as well as sentencing for the later offence).
What is the maximum level of fine for either way offences (mags or crown) and what happens if the offender does not pay?
No maximum amount.
The court may order a term of imprisonment in default - usually fixed when the fine is imposed.
What is maximum period for a community sentence?
3 years.
When will time spent on curfew count towards time spent in custody for the purposes of sentencing?
When it includes an electronic monitor and is for at least 9 hours daily, then every day of the curfew will count for HALF a day in custody.
