9.1 - Police Station: Rights and Processes Flashcards
What is the difference between an indictable offence and a summary offence?
Indictable offences can (but not necessarily must) be tried in a Crown Court rather than a Magistrates’ Court.
What is an indictment?
A formal document setting out all criminal charges against the defendant to be tried in the Crown Court. Drafted by the CPS.
The indictment begins with a heading containing the case’s unique reference number, the location of the Crown Court, and the name of all defendants. Importantly, each charge faced by the defendant is contained in a separate ‘count.’
What are examples of ‘summary only’ offences?
Non-indictable offences
1) Common assault
2) Criminal damage under £5000
3) Careless driving
What are examples of ‘either way’ offences?
1) Assault occasioning ABH
2) GBH: OAPA s.20
3) Criminal damage over £5000
4) Theft - including shoplifting
5) Burglary
6) Fraud
What are examples of ‘indictable only’ offences?
1) Murder
2) Manslaughter
3) Rape
4) GBH with intent: OAPA s18
5) Robbery
When does the police approach the Magistrates’ Court?
When seeking authority of the Magistrates’ Court to exercise the particular power. This means going to court and making out a particular case (in relation to particular power under PACE). Provides external oversight.
Explain the ‘reasonable grounds for suspicion’ test.
Objective test:
Step 1: There must be an actual suspicion or belief on the part of the officer
Step 2: That suspicion or belief must be based on “reasonable grounds” (objective test - based on the reasonable person)
Provide an example of when the police may apply for a warrant from the Magistrates’ Court.
Stop, search and seizure powers - to enter and search property or if there are reasonable grounds for believing that property has evidence relating to an offence.
When is an arrest lawful?
An arrest is lawful if (1) there was in fact a valid basis for an arrest or (2) the officer had reasonable grounds for believing this to be the case. Must be belief that the arrest is also necessary (i.e. determining identify of person arrested, protect property or persons, secure evidence, prevent a person from escaping).
What are the person’s rights upon arrest?
Person arrested must be told why they have been arrested, cautioned and taken to a police station as soon as reasonably practicable.
Describe who is a Custody Officer and their responsibilities.
1) Authorising a suspect’s detention and supervising the detainee’s welfare
2) Performing a risk assessment
3) Informing the detainee of their rights
4) Keeping an accurate Custody Record
5) Searching the suspect or authorising a search
6) Making any decision about charging the detainee or deciding about their bail. (N.B bail must be granted unless an exception applies, PACE ss.37 and 38)
What are the rules surrounding the Custody Record?
Detainee is entitled to a copy of the record when released. Their legal advisor / appropriate adult has a right to access it at any point during detention. Record is admissible evidence in relation to any challenge to the admissibility of evidence obtained at the police station.
When can a suspect be delayed the right to legal advice and have someone informed?
1) Detainee arrested for an indictable offence
2) Delay authorised by an inspector (for someone informed) or a superintendent or higher (for access to legal advice)
3) Office must have reasonable grounds for suspecting the delay would result in negative consequences.
What are the negative consequences that could be suspected by an officer for exercising the right without delay?
Officer must have reasonable grounds for suspecting that exercising right without delay would lead to:
- Interference with or harm to evidence
- Interference with or physical harm to people
- Alerting people connected to offence who have not been arrested
- Hindering recovery of property resulting from the offence
What is meant by ‘charging a suspect’?
Formally accusing the suspect of a crime and commencing a prosecution. Custody Officer must decide whether there is sufficient evidence to charge the suspect.
