Charging the suspect

Question 1

What are the four main options a custody officer has after police exercise their investigative powers?

Answer 1

○ Release the suspect without charge (NFA) or release under investigation (RUI).
○ Release the suspect without charge on bail while police make further enquiries.
○ Charge the suspect and release on bail or keep in custody until their first court appearance.
○ Offer the suspect an alternative to charge.

Question 2

What is Release Under Investigation (RUI)?

Answer 2

RUI is when police release a suspect after exercising investigative powers in the police station if they determine further enquiries need to be made before deciding whether to charge or pass the file to the CPS.

Question 3

What is the two-part test the CPS uses to determine whether to charge a suspect?

Answer 3

○ Is there sufficient evidence to provide a “realistic prospect of conviction?”
○ If there is sufficient evidence, is it in the “public interest” to charge the suspect?

Question 4

What are some alternatives to charging a suspect?

Answer 4

○ Informal warning
○ Penalty notice
○ Formal caution
○ Conditional caution

Question 5

When can police deny bail to a suspect who has been charged with an offense?

Answer 5

○ Custody officer has reasonable grounds to doubt the suspect’s name or address.
○ Custody officer believes the suspect will fail to appear in court.
○ Custody officer believes detention is necessary to prevent the suspect from committing an offense.
○ Custody officer believes detention is necessary to enable a sample to be taken.
○ Custody officer believes detention is necessary to prevent the suspect from causing injury to another person or from causing loss of or damage to property.
○ Custody officer believes detention is necessary to prevent the suspect from interfering with the administration of justice or with the investigation of offenses.
○ Custody officer believes detention is necessary for the suspect’s own protection.

Question 6

When can a custody officer impose conditions on bail?

Answer 6

Only if the conditions are necessary to:
○ Prevent the suspect from failing to surrender to custody.
○ Prevent the suspect from committing an offense while on bail.
○ Prevent the suspect from interfering with witnesses or otherwise obstructing the course of justice.
○ Protect the suspect, or if the suspect is a child or young person, for their own welfare or in their own interests.

Question 7

What are the potential disadvantages of a client accepting a caution?

Answer 7

○ A caution is a formal recorded admission of guilt, which will be part of the offender’s criminal record and may affect future sentencing.
○ The client will likely lose the opportunity of receiving a caution in the future.
○ The caution will be disclosable if the client applies for certain types of employment.
○ If the offense is sexual, the client will be placed on the sex offenders register.
○ Police may retain fingerprints and other identification data taken from the client.