Chapter 2- Detection Of Crime And Arrest Flashcards
Purpose of the Police and Criminal evidence act 1984
Details provisions about how the police should conduct an investigation and how they are to exercise their powers under PACE 1984. Strike a balance between the powers of the police and the rights of the individual.
What are the 8 codes of practice of PACE 1984
Codes A-H
A- police officers have statutory powers to stop and search
B- search if premises and seizure of property found by police on persons or Premises
C- detention, treatment and questioning of person by police
D- identification of persons by Police officers
E- audio recording of interviews with suspects at police stations
F- visual recording of interviews with suspects at police stations
G- power of arrest
H- detention, treatment and questioning of persons under S41 terrorism act
Warrant not back for bail / Warrant backed for bail
Person arrested be brought to court.
Or
Police have instruction to arrest the person and then release them
Power of arrest without a warrant
S24 PACE code G
Effect of case Ellington v DPP
Police must decide they are going to arrest a defendant before actually effecting an arrest and thereby using force.
Two key elements for lawful arrest
Persons involvement, suspected involvement or attempted involvement in the commission of an offence
Reasonable grounds for believing that persons arrest is necessary. (Necessity test)
3 Types of involvement for power of arrest S24 1-3 PACE
Anyone about to commit an offence
Anyone in the act of committing an offence
Anyone whom the officers has reasonable grounds to suspect is about to commit and offence
Anyone guilty of an offence
Reasonable grounds to suspect test: involvement
Ohara v Cheif constable of royal Ulster constabulary
1) must have an actual suspicion that a criminal offence was at some stage of commission (subjective)
2) that there were reasonable grounds for the suspicion (objective)
The necessity test:
S24(5) PACE 6 criteria CL CC Surrey police 2017
1) enable the name of the person in question to be ascertained.
2) enable the officer to ascertain a persons address
3) to prevent the person concerned causing / preventing injury, damage to property, committing offence of public decency, causing unlawful obstruction of a highway
4) to protect a child or vulnerable person from the person in question
5) to allow a prompt and effective investigation of the offence or conduct of the person in question
6) prevent any prosecution for the offence being hindered by the disappearance of the person in question
Para 1.3 Code G
Police officers that have the absence of justification for exercising a power of arrest may lead to challenges in court and claims against the police for unlawful arrest and false imprisonment
Re Alexander ‘an officer who does not apply their mind to alternatives short of arrest is open to challenge’
S24A arrest by private citizen where:
The person being arrested is in the act of or is guilty of committing and indictable offence
Or
There are reasonable grounds for suspecting that a person is committing or is guilty of an indictable offence.
S24A(1)(b) arrest not rendered unlawful if no offence had actually been committed
procedure on arrest
S28 PACE Suspect must be told of their arrest and the grounds for it at the time or as soon as reasonable practicable.
If they are not informed the arrest may be unlawful
In line with art 5 should be made in language detainee understands. Case of Alder
S117 PACE reasonable force maybe used to arrest Simpson v CC South Yorkshire
Code C- advised limited right to remain silent
S30 PACE then immediately taken to police station
Person must be provided with a written notice of the offence and grounds for the arrest
Requirements for lawful arrest
1) warrant for the arrest of legal power of arrest s24 (1.2.4)
2) in connection with legal ground to arrest based on police officer having reasonable grounds to believe arrest was necessary s24 (1,2,3)
3) factual requirements of reasonable ground or suspicion must be satisfied
4) soon as practicable person must be informed they are under arrest
5) person must be cautioned
6) then taken to police station ASAP
If arrest unlawful evidence arising from the arrest may be inadmissible S78 PACE
Searching a person
S32(1)-(4) PACE permits police officer to search a person who has been arrested if they have reasonable grounds the person
- presents a danger to themselves or others
- may have concealed something on their persons which they might use to escape custody
- may have concealed something on them which might be evidence relating to the offence
S51 criminal justice and police act 2004 gives additional powers to search items which cannot be examined on the street, I.e a computer
Voluntary attendance at police station
Persons can leave at any time s29 PACE
1) they must be cautioned before replying to questions from an officer
2) told they are not under arrest
3) told they are free to leave if they wish
4) told they can obtain free independent legal advice
Attendance at police station following arrest
1) if arrest is to last longer than 6 hours they must be taken to designated police station or custody centre
2) on arrival they arrested person is placed in the care of the custody officer who has responsibility for their care in custody
3) Custody officer may order search of the arrested person S54 PACE
4) Custody officer must decide if there is sufficient evidence to charge the person S37 PACE
5) if there is insufficient evidence to charge person can be detained in custody for 24 hours provided there is grounds to do so. S37(2) PACE
6) police can release detainee on bail for 28 days - 3 months providing it is necessary and proportionate
Timings for detention without charge
Initially 24 hours
If indictable or either way offence can be extended 12 hours
Can apply further extension to magistrates to hold them for 36 more hours brings them to 72 hours total.
Maximum hold is for 96 hours
Important provisions of code C detention, treatment and questioning
- right to legal advice
- right to inform someone of the detention
- right to rest and food and exercise
- regulation of the interview with suspect
- cautioning the suspect
- charging the suspect
Important rights under code C
- Right to consult privately with a solicitor
- right to inform someone of their arrest
- right to consult the codes of practice
- right to an interpreter if applicable
- right to be informed about the offence
- right to be given/offered a written notice of the rights
How can police identify suspect when detained
Under code D the police can obtain Finger prints and photographs reviewing available cctv footage Witness identification via identity parade Obtain body samples from suspect
Procedures for obtaining identification evidence
First police must serve notice to the suspect for purpose of procedure and tell the suspects their rights
Finger prints S61 PACE
Can be taken with or without consent - S63A finger prints can be cross referenced against database
Footwear impressions can be taken under S61A
Identifying by photos S54A, s64a photos taken at police station without consent allowed
Intimate or non intimate samples need consent governed by code D - medical personnel must do intimate samples
Code D regulates eye witness identification via identification parade
PFA 2012 provisions
Protection of freedoms act states if person has been arrested for minor offence but not convicted any DNA and fingerprints collected needs to be destroyed
Breach of PACE codes of practice- circumstances to exclude evidence
1) When a confession has been obtained from the defendant in breach of the PACE codes sufficient to render confession unreliable (s76)
2) when admission of prosecution evidence would have such an effect on the fairness of proceedings that it ought not to be admitted (s78)
3) when the admission of evidence would breach the defendants rights under ECHR.
If one of above, evidence to be excluded
Case example where breaches of code C s76 and s78 in a breach of ECHR
Charles v crown prosecution service 2009
Failed to provide suspect under caution before he gave his admission
When can police charge without reference to the CPS
When :
1) any summary offence irrespective of plea
2) any offence of retail theft or attempted retail theft irrespective of plea providing its suitable for sentence in the magistrates
3) any either way offence anticipated as a guilty plea and suitable for sentence in a magistrates
Exepmptions when can police charge without reference to the CPS
Case requiring consent to prosecute of the DPP or law officer
Case involving death
Case connected terrorist activity or official secrets
Case classified as a hate crime or domestic violence
Case where an offence of violent disorder
Case causing GBH, or ABH
case of sexual offences committed on person under 18
Case where an offence is under the licensing act
Two part test to decide on decision to issue a written charge and requisition
1) on evidence available, is there a realistic prospect of conviction
2) is it in the public interest to charge the suspect
Alternatives to charging
Simple caution - offence has to be over 18, cannot be given for indictable offence and they must admit the offence
Conditional caution- must be evidence against offender, prosecutor must consider there is sufficient evidence, accused admits the offence, accused made aware of what caution means and they sign and doc admitting to the offence
Process granting police bail once charged-
S38 PACE custody officer to decide whether to release with or without bail
Grounds for refusing bail
Suspects name or address cannot be ascertained
Custody officer believes suspect will fail to appear in court
Custody officer believes detention is necessary to prevent defendant committing further offences
Custody officer believes detention is necessary to prevent defendant interfering with a witness
Custody officer believes detention is necessary to protect defendant
