Criminal Practice Flashcards
Right to inform someone of your arrest - restrictions
1) Up to 36 hours from arrival at police station
2) Rank of inspecting officer
3) Indictable offence
4) Reasonable grounds
Right to legal advice - restrictions
1) 36 hours
2) Rank of superintendent
3) Reasonable grounds
4) Indictable offence
Detention clock
24 hrs - 6,9,9 authorised by review officer
+12
36 hrs - indictable offence, superintendent, grounds (preserve or gain more evidence in questioning)
+36hrs
72hrs - warrant from magistrates, indictable
+ 24 hrs - another warrant
96hrs - charged/released unconditionally
Breaches of Code D PACE: Video
1) 8 other images
2) Steps taken to conceal distinctive features
3) Resemble suspect in age, height, position in life
4) Solicitor needs to see images and attend
5) Suspect can see images and object
Breaches of Code D PACE: ID Parade
1) 8 other comparators, similar appearance
2) Cannot speak to each other
3) Choose position in line
Breach of Code D PACE: Photographs
1) 12 photographs of similar type
2) Told a photograph of suspect may not be among them
Adverse Inferences - Silence - Conditions & Assessment
Conditions:
1) Caution (under caution)
2) Relate (failure relates to facts relied on his later defence)
3) Expected (reasonably expected to mention facts)
4) Proceedings (questions relate to the proceedings and aim to know whether or by whom)
Assessment if reasonable:
1) Disclosure - no sufficient disclosure
2) Evidence - little to no evidence at the time
3) Argent (R v Argent, relied on legal advice, did the D genuinely and reasonably rely on the advice, conduct of D what matters)
4) Disadvantage - appropriate adult or not fit, drunk etc
Adverse Inferences - Failing to account for objects/marks - s.36 PACE / or failing to account for presence - s.37 PACE
1) Suspect must be under arrest
2) Is under special caution: importantly - what offence, what fact and its relation to the offence, warning of adverse inference in court, and record being made of questioning
Overriding objection to adverse inferences
If the suspect wasn’t able to consult a solicitor
Statue for granting bail
Section 4 Bail Act
When can the court refuse bail?
Indictable or either way and reasonable grounds to believe defendant would:
1) Fail to surrender
2) Commit offence
3) Interfere with witnesses
Even if exceptions apply, what must there be for bail to be refused?
A real prospect of a custodial sentence if convicted
What must court consider when taking into account exceptions?
1) Strength of evidence
2) Nature and seriousness of offence
3) Character and criminal record
4) Previous bail record
5) Community ties
6) Other factors
Is absconding whilst on bail a criminal offence ?
Yes unless they had reasonable cause and surrendered when reasonably practicable to do so
Is breaching a bail condition a criminal offence?
No, but arrested and goes before magistrates court