CLP - time limits Flashcards

1
Q

Rank to authorise interview of injured/intoxicated/disabled suspect or vulnerable person without AA

Preliminaries

A

Superintendent

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2
Q

Rank responsible for conduct of identification procedure

Preliminaries

A

Inspector

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3
Q

Rank required for custody officer

Preliminaries

A

sergeant

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4
Q

Rank to deny right to solicitor and max time

Preliminaries

A

Superintendent (in writing); 36 hours

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5
Q

Who authorises initial detention

Preliminaries

A

Custody officer (sargent)

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6
Q

Deadline for laying information for summary offence (the only CLP charge limitation)

Preliminaries

A

6 months

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7
Q

Rank to delay right to have arrest announced and how long for?

Preliminaries

A

Inspector (in writing) – 36 hours

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8
Q

Rank to extend detention w/o charge + what is the further extension

Preliminaries

A

Superintendent can extend from 24hrs -> 36 hours (from ‘relevant time’ = arriving at station)
Apply to magistrates for further 36 hours (max 96 hours)

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9
Q

When are reviews of detention required by review officer

Preliminaries

A

Must be authorised 6 hours after arrest and then reviewed every 9 hoursthereafter

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10
Q

Rank of custody review officer

Preliminaries

A

Superintendent

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11
Q

Order of authority for police officers

Preliminaries

A
  1. Superintendent
  2. Inspector
  3. Sargent
  4. Constable
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12
Q

Notice of intention to call defence witness (ie defence statement) in MC (optional)

Pre-Trial Matters

A

10 business days from prosecution compliance with disclosure

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13
Q

Notice of intention to call defence witness in CC

Pre-Trial matters

A

28 days from prosecution compliance with disclosure

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14
Q

Timing of first hearing

Pre-trial matters

A

14 days from charge if guilty plea anticipated -> MC
28 days from charge if likely to plead n guilty or go to CC

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15
Q

Where is bail first applied for

Pre-Trial Matters

A

Magistrates court (all crimes except murder)

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16
Q

Custody time limit for summary offence

Pre-Trial Matters

A

56 days

17
Q

Custody time limit for indictable/either-way

Pre-trial matters

A

182 days

18
Q

When will the PTPH be set

Pre-trial matters

A

Within 28 days of transferring case from MC to CC; in any event no longer than 35

19
Q

When is the draft indictment to be sent when suspect in custody

Pre-trial matters

A

7 days before PTPH

20
Q

When does prosecution serve used materials

Evidence

A

No later than beginning of first day of trial