Charging The Suspect

Question 1

What are the 4 options that the custody officer has, after all investigative powers have been exercised?

Answer 1

Release the suspect, without any further action or under investigation
Release suspect without charge, but on bail whilst police make enquires
Charge suspect, and either release on bail or keep in custody
Officer suspect an alternative to charge

Question 2

When should the client be released under investigation?

Answer 2

If the police determine that the suspect did not commit crime. This is called NFA- no further action.

Police MAY have to take further enquiries, therefore would release under bail. However, when police do not have sci-fi net evidence to charge or the further investigation will take longer than 28 days to conclude, the police can release suspect UNDER INVESTIGATION.

Question 3

when should client be on bail before charge?

Answer 3

Never been a presumption agaisnt pre-charge bail if the case has been submitted to the CPS for a charging decision.

Pre-charge bail may also be granted if it is necessary and proportionate in all circumstances.

Where it is necessary and proportionate to ail the suspect, a max period of 3 months applies.

Can be extended up to 6 months, if authorised by an officer of inspector rank, and further 9 months if superintendent. Further 18 months if magistrates court consent.

When the suspect answers their bail, the police may:
- release them without chagre
- exercise furhter investigative powers
- release suspect again on bail if furhter enquires are incomplete
- charge suspect

If suspect fails to answer bail, may be arrested without warrant.

Question 4

What are the 2 part test for release on bail?

Answer 4

Must be sufficient evidence to provide a realistic prospect fo conviction

If insufficient evidence, CPS will then need to determine if it is PUBLIC INTEST to charge suspect, or whether matter should be dealt with other than by way of charge.

When the suspect answers bail, the police may:
- charge the suspect
- exercise further investigative powers
- release suspect without charge
- deal with the matter other than by way of a charge

Question 5

When will the police charge a suspect?

Answer 5

If the police consider they have sufficient evidence to charge the suspect, they wll either charge or pass teh case papers to CPS, for it to determine what appropriate charge should be.

Suspect wll be formally charged at the police station.

Question 6

Can a suspect be interviewed after charge?

Answer 6

Cannot be interviewed furhter by police about offence, UNLESS:

To prevent or minimise harm or loss to others
To clear up ambiguity in previous answer or statement
In interests of justice for the suspect to have put to him

Question 7

When may the police DENY bail to a suspect AFTER charge?

Answer 7

When a suspect is charged a t the police station, the custody officer must then decide:

Whether to keep that person in police custody until they can be brought before a magistrates court, or to release them, and,

If the latter, if to release them on bail with conditions or without conditions

Question 8

What is conditional bail?

Answer 8

Must decide whether it is necessary to impose conditions on that bail.

• to prevent suspect from failing to surrender
• to prevent suspect from committing offence whilst on bail
• to prevent the suspect from interfering with witnesses or otherwise obstructing the course of justice
• for the suspects own protection or for their own interests if young

Question 9

Custody officer may impose conditions on bail, what are these conditions?

Answer 9

Reside at a particualr address
Not to speak to any witnesses
Not to enter a particular area or set of premises
To observe a curfew at night before specific hours

Question 10

When will the suspect make their first appearance at court after being charged of granted on bail?

Answer 10

If granted on bail, the date of the first apprentice is within 1-2 weeks of being charged.

Question 11

When will the suspect make their first appearance at court after being charged and denied bail?

Answer 11

If police refuse to grant bail to a suspect after they have been charged, the suspect will be kept in police custody, and must be brought before magistrates court as soon as is practicable, and in any event not later than the first sitting of the court after they are charged with the offence.

Within 24 hours of being charged.

Question 12

When will the suspect make their first appearance at court after being charged when breaching police bail?

Answer 12

If a suspect has been bailed to attend court follows a charge, the police has the power to arrest that person where they reasonably believe either that the person is unlikely to surrender to custody, or that the person has breached, or is unlikely o breach their bail conditions.

Must be taken to magistrates court within 24 hours after that .

Question 13

What are the 4 alternatives to charging a suspect ?

Answer 13

An informal warning
A penalty notice
A formal caution
A conditional caution

Question 14

What is an informal warning?

Answer 14

The police have always had discretion to release a suspect without chagre, but to give an informal warning about ther conduct.

Does NOT appear on their criminal record

Question 15

What is a penalty notice?

Answer 15

Police may issue penalty notice to dispose of minor offences without the need for the offender to go to court.

Fixed penalty notices: FPNs are used for minor road traffic offences, and for offences such as littering.

Penalty notices for disorder : PNDs May be used for antisocial behaviour, such as being drunk

Not criminal conviction

Question 16

What is a simple caution?

Answer 16

Instead of an informal warning, police may issue a simple caution. Criminal records are kept, but a simple caution is not the same as a criminal conviction.

If a D who has received a caution is later convicted of a SEPARATE offence, the caution may be mentioned to the court when the court is considering what sentence to pass.

Cautions are usually given in the police station of at leases inspector rank.

CANNOT be given for ether-way offences.

Question 17

What are the 3 conditions for a simple caution to be given>

Answer 17

Sufficient evidence must have been collected
Must be clear and reliable evidence of voluntary admission by offender that they have committed
Offender must agree to being cautioned, having been made aware that the caution might be raised in court were they to be convicted of a later offence.

Question 18

What are conditional cautions?

Answer 18

Trying to achieve restorative justice, reparation for the crime they have committed.

To make an offender appreicate the effect their crime had on the victim and to improve victim satisfiaction.

They do NOT repare the system of police cautioning, however they have statutory basis and are given with CPS approval.

Question 19

What are the requirements needed for conditional cautions?

Answer 19

Must be evidence that offender has committed offence
Relevant prosecutor or authorised person must determine hat there is sufficient evidence to charge with offence
The offender must admit that they have offender
The effect of conditional caution must be explained to offender
Offender must sign a document containing the details of the offence, an admission that they committed the offence, their consent to a conditional caution.

Question 20

What are the disadvantages of accepting a conditional caution?

Answer 20

Will not be prosecuted for offence. They MUST, howeer, be told:

Client will certainly lose the opportunity to receive a caution on a subsequent occasion
The existence of the caution will be disclosure should the client apply for certain type of employment
If the offence is sexua, the client will also be placed on the sex offenders register
Police may retain fingerprints

Question 21

What is a very common scenario that police do after exercising their investigative powers/

Answer 21

They have to make further enquiries before deciding to charge or pass their file to CPS to determine if there is sufficient evidence.

Release suspect on bail.

Question 22

What is RUI?

Answer 22

Release under investigation

Question 23

How long can someone be released on investigation?

Answer 23

60-90 days

Question 24

Before a suspect is released on pre-charge bail, what must the investigating officer do?

Answer 24

They are under a duty to seek the views of the victim about any relevant bail conditions that might be imposed, and to inform the custody officer of these before the custody officer decides whether to grant bail or not

Question 25

What happens after the police use ther investigative powers and believe there is sufficient evidence to charge. Suspect?

Answer 25

They will send the case papers to the CPS for it to determine whether or not to chagre.
CPS will apply a 2 part test to determine whether or not the suspect should be charged.

Question 26

What is the 2 part test that the CPS will apply to determine whether a suspect hsould be charged ?

Answer 26

Must be sufficient evidence to provide realistic prospect of conviction
If there is sufficient evidnece, CPS must determine if it is in the public interest to chagre the suspect.

Question 27

What police rank must confirm a simple caution?

Answer 27

Inspector or higher

Question 28

What rank must give simple caution for an indictable only offence?

Answer 28

Superintendent or higher, with only exceptional circumstnaces

Question 29

What are FPN

Answer 29

Fixed penality notice.s

Minor road traffic offences

Question 30

Waht are PNDs

Answer 30

Penality notices for disorders.
Anti-social behaviours