Charging Flashcards
Who does the full-code test for charging?
CPS
In what circumstances is it not in the public interest to charge/prosecute someone
Someone very young - would give them a criminal record very early in life
Petty crime - cost too much to prosecute for such low level crime
Suspect couldn’t be held accountable for their actions
People don’t want to prosecute - victims no longer agree it’s in their best interest
Options for how to deal with suspects in custody?
Charge
Out of court disposal
Release on bail
Types of out of court disposals for adults
Community resolutions Simple cautions Conditional cautions Cannabis warning Khat warning Penalty notice for disorder (PND)
What is a community resolution (custody disposal)
For less serious crime
Form of restorative justice
Must admit guilt
Not for domestic abuse, hate crime, sexual offence, firearms, offensive weapons
What is a simple caution (custody disposal)
Formal warning
Summary and either way (but not offensive weapon, offences against children, supplying class A drugs)
Must agree to accept caution
What is a conditional caution (custody disposal)
Similar to simple caution (formal warning, summary and either way offence only and must agree to accept caution) but with conditions attached
If breached may deal with original offence
What is a penalty notice for disorder (PND)?
Fine Adults only Can pay or opt for trial (fail x1.5 penalty) Only one per offence Cannot use for someone whose drunk
What custody disposal options are available for youths?
Simple cautions
Conditional cautions
What is a youth simple caution?
Must admit guilt + accept caution Referred to YOT Age 10-17 Appropriate adult present Same requirements as adult caution
What is an applicable bail period (ABP)?
28 days (from day after arrest)
Authorised by inspector
If requested by CPS 28 days from day of arrest
Max bail period?
3 months
What is street bail?
Released from police custody before reaching police station
What does ‘released under investigation (RUI)’ mean?
Last resort
All background check complete
Not for domestic abuse, hate crime, sexual offences, firearms, offensive weapons
