Crim Lit Lecture 2

Question 1

What are the key words in the elements of the power of stop and search? And what section of what act?

Answer 1

Section 1 PACE.

• A constable (i.e. any police officer)
• any public place
• not a dwelling
• person or vehicle
• REASONABLE GROUNDS TO SUSPECT
• will find stolen or prohibited articles

Question 2

What is a prohibited article under s.1?

Answer 2

s.1(7)(a) & (b).

7(a) an offensive weapon
7(b) an article made or adapted for use/ intended for use in the commission of the offences in subsection 8.

Question 3

What are the potential breaches re constable exercising powers?

Answer 3

• No actual power
• No reasonable grounds
• Conducted unlawfully

This could result in exclusion of evidence obtained in context of unlawful exercise of position.

Question 4

What are the two limbs of the power of arrest?

Answer 4

s.24 PACE

Involvement in an OFFENCE

24(1)(a-d)- is about to commit; is committing; has reasonable grounds to believe will commit; RG to believe is committing

AND

24(4) arrest is NECESSARY (rather than other options)

24(5) reasons for necessitating arrest

Question 5

What is the short-hand for Investigating Officer and what is their role?

Answer 5

IO/ OIC - ‘Officer in the Case’

The officer who has been allocated the case. They will explain to you the evidence they have against your client and also conduct the interview under caution.

Question 6

What sections of PACE deal with the role of the custody officer? What do they do in the first instance?

Answer 6

ss.36-38.

Receives suspect and decides if a charge should be made.

Authorises detention (s.37) for further questioning. (Basically to obtain further evidence as not actually enough to charge at point of arrest!)…

Question 7

What does 37(3) state?

Answer 7

If - reasonable grounds -
detention w/o charge -
necessary -
secure, preserve or obtain through questioning - evidence - may authorise detention.

Question 8

What authority is the basis for your right as a sol to request to see the custody record?

Answer 8

Code C 2.4.

Question 9

What are the two key times you need to note from the custody record front sheet?

Answer 9

Time of arrival of suspect - this ‘triggers’ the detention clock e.g. how long can be detained w/o charge. s.41 PACE?….

Time of decision to detain - s.40. Why? B/c a review of decision to detain must be made no later than 6hrs post authorisation of detention by a ‘reviewing officer’ of at least rank of inspector.

Question 10

Where should the ‘necessity grounds’ upon which the arrest was made be entered?

Answer 10

The front sheet of the custody record, by the heading ‘Reasons for arrest’.

Question 11

What section deals with detention times?

What is crucial to note when calculating the detention clock?

Answer 11

s.41 PACE.

41(1) states detention without charge in excess of 24 hours is unlawful

s.41(2)(a) stipulates that the detention clock runs from the point of ARRIVAL at the relevant police station.

Question 12

What sections deal with extensions of period of detention?

Answer 12

ss.42-44

Where it is not practicable/ reasonable to release on bail pending further investigation….

Question 13

What are the key words in a s.42 authority?

Answer 13

• Superintendent
• reasonable grounds
• secure, preserve, obtain
• indictable
• expeditiously and diligently
• 36 hours

Question 14

What are the key words for ss.43 and 44 authority?

Answer 14

• application on oath - pc - information
• warrant - magistrate’s court
• reasonable grounds
• detention justified
• s.43(4) only justified for purposes of this section and s.44 where-

necessary - secure, preserve or obtain evidence - indictable - diligently and expeditiously

Question 15

Where is the definition of a ‘Recordable offence’?

Answer 15

Code D. 4A. s.27(4) PACE.

Question 16

What does Code D deal with?

Answer 16

I.D!

e.g. the taking of forensics as means of ID

Question 17

What section describes types of samples?

Answer 17

s.65 - intimate and non-intimate

Question 18

What ss govern taking of samples?

Answer 18

s. 62 = intimate

s. 63 = non-intimate

Question 19

Key words s.62?

Answer 19

s. 62(1)
- at least inspector - authorisation
- appropriate consent given
s. 62(2)

• authorisation if RG
• involvement - recordable offence
• tend to confirm or disprove (‘probative’)

Question 20

Advice issues around consent to samples?

Answer 20

s. 62 - consent may provide only firm evidence to prosecution, but refusal = adverse inferences
s. 63 - no consent needed and reasonable force if refuses

Question 21

Key words in s.63?

Answer 21

Non-intimate
Without consent - inspector
- two conditions
- detention for recordable offence
- not had sample of same type or it was insufficient

Question 22

Which sections deal with rights in detention?

What needs to be noted re the exercising of these rights?

Answer 22

PACE s.56 - right to have someone notified

s.58 right to consult privately with a solicitor

Right to consult COP

Under certain circs these rights can be delayed.

Code C Annex B - para 3 and note B3

Question 23

What are the key words in ss.56 and 58?

What does COP Code C Annex B advise?

Answer 23

Both:

• Indictable offence
• RG
• Interference with or harm to evidence/other persons
• Alert others
• recovery of property hindered

s. 56 = Inspector’s authority
s. 58 = Superintendent’s authority

COP C Annex B para 3 notes that the authority to deny a solicitor is extremely rare and even if exercised the detainee has the right to see a different sol.

Note B3 states that delay access to a specific sol is only where suspect = more than substantial risk of manipulating said sol.

Question 24

Give an example where s.56 may be used?

Answer 24

Delay to notifying a suspect’s gf who lives with suspect of robbery - search of property to recover stolen goods. H/e s.56 authority ceases once this has been done as no longer any grounds for delay.

Question 25

What does COP C 11.1 -m11.2 state?

Answer 25

Interviews must be carried out under caution and any question that goes to the suspect’s involvement in a crime = an interview for the purposes of the guidance.

Suspect’s sol must be given sufficient info to enable their client to understand nature of any offence and why suspected.

Must NOT be interviewed except at a police station or authorised place UNLESS lead to interference, serious loss, hinder recovery.

Interviewer must remind of right to free legal advice.

Question 26

What part of the COP deals with cautions?

Answer 26

10(a)
10.1 caution must be given BEFORE ANY QS ABOUT AN OFFENCE OR ANY FURTHER QS THE ANSWERS OF WHICH PROVIDE GROUNDS FOR SUSPICION ARE PUT TO THEM IF THE SUSPECT’S SILENCE OR ANSWERS MAY BE GIVEN IN EVIDENCE TO A COURT IN A PROSECUTION.

10. 3 = arrest + must be cautioned
11. 4 per Code G, s.3 = must be cautioned unless….
12. 5 Terms of cautions
13. 6 - Annex C para 2 - alternative wording where adverse inferences from silence may be drawn