CPIA

Question 1

What is the CPIA?

Answer 1

The Criminal Procedure and Investigations Act 1996

Question 2

What is the purpose of the CPIA?

Answer 2

To regulate the procedures of investigation and prosecution of criminal offences

ALSO:

• Aims to provide a process for the disclosure of relevant unused material
• Assists the defence in the timely preparation and presentation of its case and enable the court to focus on all the important issues in the trial

Question 3

What is set out within Part II of the CPIA?

Answer 3

Codes of Practice which details how officers should record, retain and reveal material

Question 4

What are the five principles of an investigative mindset?

Answer 4

• Determine your objectives
• Assess all available material
• Gain knowledge of the case
• Evaluate the outcome to identify any gaps in the investigation
• Leads to potential lines of enquiry

Question 5

According to the CPIA, how long can we retain material for prior to criminal proceedings?

Answer 5

All material that may be relevant to the investigation must be retained it’s decided whether to institute proceedings against a person for an offence

Question 6

How long can material be retained for if an individual has been charged?

Answer 6

At least until the accused is either acquitted or convicted or CPS decides not to pursue a case

Question 7

How long can material be retained if a defendant has been convicted?

Answer 7

• Until that person is released from custody or discharged from hospital
• Six months from the date of conviction in all other cases

If an appeal is in progress and this exceeds the 6 months, then it must be retained until a decision is made