Chap 2 Questions learning Flashcards
Where the Assaulter says what course of action would officer take if deny the offence. The officer says that need to speak to other people there. Has PC Khan done anything wrong?
PC Khan has not breached codes of practice and the admissibility of the interview will not be breached.
Reason
Though officers should not indicate usually what course of action might be taken they may do so in response to a direct question . D.188.
While codes of practice are admissible, a breach of practice does not make an officer liable for breach in criminal proceedings.
For an arrest to be lawful rmbr
1) There must be reasonable suspicion that the accused has committed an offence
2) Reasonable suspicion that the accused has committed an offense. Reasonable suspicion requires both a genuine belief subjective and objective basis for that suspicion.
Reasonable suspicion may take into account evidence which would be inadmissible
Rmbr that the use of handcuffs only in..
Circumstances that show suspect seems to make an attempt to escape or would cause a violent breach of peace
Rmbr public can also help when officer calls for help
But the use of force has to be reasonable , if the person asking for doctor, that is not reasonable use of handcuff the person.
Ex. If the complainant complains bf has assault her, and also disclose watching inappropriate porn,
If police is arrest on suspicion of assault, but not told why he was arrested.
Is the arrest lawful?
Yes the arrest is lawful, if the officer tells that he was under arrest as was reasonably practicable.
D1.23-25 Its lawful to arrest someone where they try to disturb the peace or is trying to escape.
Ex: Where X is arrested on suspicion on 28th taken to police station, held for 3hrs and questioned and released on bail. Then he reattends on 12th August and held for one hr and granted bail. But on 14th Aug he rearrested for fraud on fresh evidence. How to calculate the detention time limit.
Given that he rearrested on fresh basis, The relevant time is usually calculated on the basis of the “initial arrest and arrival at police station with the time on bail deducted”.
But since rearrested on new evidence, the calculation starts again from fresh arrest.
A minor arrested on suspicion of burglary and say don’t want legal advice, What shld police do?
They shld ensure that an “appropriate adult” is appointed. The appropriate adult can seek legal advice independently, but can force the minor to see a solicitor.
Lets say if officer, is on duty in area known for dealing drugs and notice a car, which she is aware there is a missing report. The officer approach and ask name of driver, and whether owner, and asks what doing in area.
Does the driver need to be cautioned?
Yes, because its an interview. Though not a police station, the officer has grounds for suspicion and although the questioning may be largely about the driver name and the ownership of the vehicle, those not sole purpose,
“a caution thus is necessary”
@@This is important do rmbr this@@
Jake is arrested on suspicion of rape and then arrives 1oam and then 2pm goes hospital, then 6pm returns to station. Then on 2am of next day officer, have insufficient evidence to charge Jake to rape. The officer ask from senior officer, what time must seek authorisation to cont holding holding jake in detention prior to charge.
Prior detntin the period of detention is calc from time of arrival at the “relevant police station” or 24r hrs after arrest, whichever is earlier
After 24 hours the police must charge unless continued detention is authorised by a senior officer (at least superintendent rank), who may permit a further 12 hours. At 36 hours the suspect must be released or charged unless further detention is ordered by a court. At 72 hours the suspect must be released or charged unless the court extends its order. The absolute maximum is 96 hours. Any further arrest must be made as soon as it appears he is liable to be arrested (s31 PACE). S41(4) provides that where subsequent arrest for a further offence occurs under s31, this does not attract a fresh detention limit (D1.68). Periods of time in hospital for examination or treatment do not count towards the detention time limit.
Ans : Must seek further authorisatin by 2pm tuesday
Which of the following court hearings may a non-legally qualified CPS Associate prosecutor undertake?
Bail applications- associate prosecutors can undertake a wide range of MC hearing.
They may only conduct trial for non-imprisonable summary only offences.
Rmbr that ewa are not subject to the 6 month time li it, which only apply to summary only offences.
So rmbr that where the offence is a summary only offence, the nor al way to bring proceed gs is by a written charge and requisition procedure.. time starts to run from the date when the written charge and requisitin are issued.
there is a generally a 6 months time limitation when the complaint made
If its Indicitable offence = no time limit for charging the accused with any indictable offence
EWA
- No time limit
- unless is one of the exceptional offences for which there is a statutory limitation on the time for taking proceedings on indictment in which case that limitation applies equally in summary proceedings.
Written charge and requisiton ( for pp)
- This is a method of commencement created by s.29 cja 2003
- only for public prosecutor
- PP may commence proceedings by issuing a written charge, charging a person with an offence
- At same time the pp issues a requisition, which requires the person charged to attend a mc
