Criminal slides part 2 complete Flashcards
1
Q
What are the three ways someone can be “arrested”?
A
- Arrest
- Written charge & requisition
- Laying an information
2
Q
What is a written charge & requisition?
A
Alternative to arrest. A person can be made to appear before the court by the process known as written charge and requisition. Where the relevant prosecution body has the power to compel the person to attend court and enter a plea for an offence. This is now used increasingly for common offences e.g. speeding/not having a bus ticket. Private individuals can bring prosecutions however, the CPS can take over from them and discontinue proceedings.
3
Q
What is laying an information?
A
Another way to commence proceedings is for the prosecutor to serve an information alleging an offence on a magistrates’ court. The court will then issue a summons or an arrest warrant requiring the accused to attend. Private prosecutions may only be commenced by summons as they are not brought by ‘relevant prosecutors’ for the purposes of the written charge and requisition procedure under s.29 CJA 2003.
4
Q
How do you apply for legal aid?
A
- Fill in a form.
- Give details such as income and expenses.
- Give evidence on finances.
- A designated official at the mags court will consider applications and the official two stage test is based on whether it is in the interest of justice and considering the defendant’s needs. Both parts must be satisfied for public funding to be granted.
5
Q
Can you make an oral application for legal aid?
A
You can only make a direct oral application to the lay mags where legal aid has been refused by the designated official. Or an application can be made to the crown court judge where a person is charged with a contempt of court. Where a person is in breach of a court order and there is no time to instruct a solicitor or if the defendant is brought to court on a warrant. This allows the court to appoint council to represent an individual immediately.
6
Q
What is the overriding objective?
A
Dealing with a criminal case justly includes:
(a) acquitting the innocent and convicting the guilty;
(b) dealing with the prosecution and the defence fairly;
(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;
(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and
(g) dealing with the case in ways that take into account:
(i) the gravity of the offence alleged,
(ii) the complexity of what is in issue,
(iii) the severity of the consequences for the defendant and others affected, and
(iv) the needs of other cases.
7
Q
What does the overriding objective say is the duties of the participants of the case?
A
Each participant, in the conduct of each case, must:
a) prepare and conduct the case in accordance with the overriding objective;
b) comply with these Rules, practice directions and directions made by the court; and
c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.
8
Q
In what ways can parties and the court comply with the overriding objective with case management?
A
- Presenting evidence in the shortest and clearest way
- Avoid unnecessary hearings (trial may go ahead in D’s absence.)
- Court gives standard directions.
9
Q
When must the prosecution serve its evidence, comply with their initial duty of diclosure and give notice of intention to deduce bad character/hearsay?
A
Within 28 days of a not guilty plea.
10
Q
When must the defendant serve a defence statement and notify that they will have witnesses attending the trial?
A
Within 14 days.
11
Q
When does the defence need to indicate that they will oppose bad character applications?
A
Within 7 days
12
Q
When does the defence need to give notice that they will apply to use bad character/hearsay?
A
Within 14 days
13
Q
Are skeletons used in criminal law?
A
Yes, skeleton arguments must outline points of law and authorities, and must be served at least 21 days before trial.
14
Q
What is a certificate of readiness?
A
Both parties must serve a certificate of readiness to say they are happy for the trial to begin. This must be served 7 days before trial.
15
Q
What sanctions are available to the court if the parties don’t follow standard directions?
A
If a party fails to comply with any rule or a direction, the court may:
• fix, postpone, bring forward, extend, cancel or adjourn a hearing;
• exercise its powers to make a costs order; and
• impose such other sanction as may be appropriate.
There may be further consequences:
-The court may refuse to allow that party to introduce evidence
-Evidence that the party wants to introduce may not be admissible
-Court may draw adverse inference from late evidence/issue
16
Q
What summary offences do we need to know?
A
Common assault Criminal damages (£5,000 or less)
17
Q
What indictable offences do we need to know?
A
Robbery
Rape
GBH with intent (S18)
18
Q
What either way offences do we need to know?
A
Theft burglary fraud sexual assault ABH GBH (S20) Possession of Class a or b drugs Possession with intent to to supply (Class a & b) Criminal damage (Over £5000)
19
Q
How do you calculate the cost for criminal damage?
A
Where there are multiple offences, the court must consider whether they form part of a series of offences. If so, the court can aggregate the value of the damage in deciding which side of the £5000 figure the damage falls. The value of the damage is the cost of replacement where the property was destroyed. But if its damaged, it’s just the cost of repair or replacement, what ever is less.
When determining the value of the damage, the court must hear representations from the parties. There is no requirement to hear evidence on value but can do so. The representations the parties may include production of documents such as invoices or estimates for repair or replacement.
20
Q
Where is criminal damage held if the value is uncertain?
A
D is asked if they consent to be tried summarily. If so, that will take place and the max sentence will be limited to 3 months or Level 4 fine. If not consented, will be treated as an either way and higher sentencing powers will apply on conviction.
21
Q
Low Value Shoplifting (less than £200)
A
Summary only HOWEVER Shoplifting (as this not deemed as an offence in any event and is classed as theft) = theft so treat as either way if value more than 200 pounds.
22
Q
Whats the mags sentencing powers for one or more summary only offence?
A
Maximum 6 months imprisonment
23
Q
Whats the mags sentencing powers for one either way offence?
A
Maximum 6 months imprisonment
24
Q
Whats the mags two or more either way offences?
A
Maximum 12 months imprisonment
25
What are facts in issue?
the facts that any party needs to prove in order to prove its case. For example; an offence of theft, the prosecution has to prove that the defendant appropriated property belonging to another dishonestly with an intention of permanently depriving another of it.
26
How can evidence be established?
- Agreeing a witness statement is true by consent of the parties (its then just read out and carries the same weight as if a witness gave evidence in person - Evidence is only agreed in this way if there is not challenge to the evidence. If disputed then they must call and challenge orally).
- Agreeing any fact between the parties (if someone was found with a credit card, P needs to prove no one had authority to do so. This can be done simply by getting a witness statement from owner of card).
- Judicial notice – when facts may be proven without evidence. Its for a judge/jury to acknowledge that its fact. We know somethings without having them proved to us. E.g. the sky is blue. There’s a pandemic etc.
27
What is the standard of proof?
Sure/Beyond reasonable doubt
28
Who has the burden of proof (in general)?
The prosecution
29
What is the evidential burden?
Burden to raise some evidence to satisfy the. judge that the matter should be argued before the jury.
30
When is a Newton hearing needed?
When D says they are guilty but challenging the facts... newton hearing may be required. However, this wont be needed if the prosecution are willing to accept the defence’s facts. The courts will see if this is acceptable also.
31
What is a basis of plea?
The facts on which they plead guilty are different to the facts the prosecution allege.
32
What can the prosecution do when they are presented with a basis of plea?
a) Accept the basis of plea as being correct. If so, the prosecutor should sign the document before it is handed up to the court.
b) Reject the basis of plea as being inconsistent with the evidence. If so, the prosecutor should refuse to sign the document.
c) Adopt the position that they are unable to agree or reject the basis as it contains matters outside of the prosecution's knowledge.
33
Is a basis for plea an opportunity for the defendant to engage in early mitigation?
No, mitigation comes later. A basis of plea is designed to reduce to writing the defendants factual basis for pleading guilty.
34
Can a basis for plea assert that the d is only guilty to some parts of the offence?
No, it must be an admission to the whole offence. If they plead not guilty to some parts, then the correct plea is not guilty.
35
What questions does the court have to answer when considering a basis for plea?
1) Is it absurd? They can reject if it is and make no further enquiries and proceed to sentence defendant on prosecutions facts. If not absurd, they will move on to next question...
2) Whether it will make a material difference to sentence if the court sentences on the defendants version rather than the prosecution version. If it will not then the court must sentence on the defence version of facts. If it makes a material difference, then a newton hearing will be held.
36
What happens in a Newton hearing in the mags?
Its pretty much a normal hearing.
37
What happens in a Newton hearing in the CC?
it takes place without a jury. As there is no trial phase to this process, the prosecution will make an opening speech, call evidence as usual and maybe cross examined by defence. The defendant is able to give evidence and call witnesses if they wish to do so. Both parties can address the judge in the closing speech.
38
What happens if the prosecution win the Newton hearing?
D will be sentenced on prosecution version of facts. D will also lose some of their credit for pleading guilty - normally by half. Where witnesses are called, it might be further reduced.
39
In a sentencing hearing, what should the prosecution remind the court of?
* Any previous convictions the court needs to be aware of (it is common to simply hand up a full document and then draw the attention of the court to the relevant entries)
* Any ancillary orders that the prosecution seeks (eg costs, compensation, restraining order)
* Any relevant sentencing guidelines
* Any general sentencing issues necessary to ensure that a lawful sentence is passed (eg the mandatory minimum sentence provisions)
* Any victim impact statement which has been produced.
40
When must the court obtain a pre-sentence report?
a court must obtain a pre-sentence report before passing a custodial or community sentence, unless it considers it unnecessary to do so.
41
Does the court adjourn for a pre-sentence report?
Yes, this is normally for about 3 weeks.
42
What are the two scenarios for a court receiving a medical report for sentencing?
(1) if a defendant wants to put a medical report before the court, D can do so;
(2) if the court is contemplating a sentence pursuant to the Mental Health Act 1983 then it must receive evidence from two medical practitioners stating that in their opinion the defendant is suffering from a mental disorder as defined by the Act.
If the court is considering the imposition of a custodial sentence on someone with a mental disorder, they must not do so without having sight of a report from a medical practitioner.
43
Whats the procedure for D relying on character evidence in sentencing?
If the defendant wishes to rely on character evidence D can do so by either written testimonials or live evidence.
If the defendant wants to rely on written character evidence D will need to obtain the agreement of the prosecution (this is not usually problematic), alternatively, a witness can be called to give oral evidence in the usual way, although this is incredibly rare.
44
What are the components of an arrest?
P: identify the Power
A: what is the legal Authority granting the power?
C: What Criteria need to be met and are they met on the facts?
E: How should the power be Exercised and has it been exercised correctly on the facts?
45
What is the effect of arrest?
it restrains the liberty of the person arrested.
46
What is the purpose of an arrest?
To facilitate the investigation of an offence by the police.
47
What counts as arrest?
* Taking hold of the arm of a person either to draw their attention to what is being said to them or to stop them from falling over does not without any intention to arrest amount to an arrest.
* The provisions of European Convention on Human Rights Article 5 apply to the power of arrest. It seems that a deprivation of liberty as opposed to a mere restriction of movement is required to constitute an arrest.
48
What is arrest without warrant?
No written authorisation required but a ground for the request is required and a reason why its necessary.
49
What are the grounds for arrest?
A constable may arrest without warrant anyone:
• Who is about to commit an offence
• Who is in the act of committing an offence
• Whom the constable has reasonable grounds for suspecting to be about to commit an offence
• Whom the constable has reasonable grounds for suspecting to be committing an offence
If a constable has reasonable grounds for suspecting that an offence has been committed, the constable may arrest without warrant anyone:
• Whom the constable has reasonable grounds to suspect of being guilty of it
If an offence has been committed, a constable may arrest without warrant anyone:
• Who is guilty of the offence
• Whom the constable has reasonable grounds to suspect of being guilty of it
50
What are the reasons for arrest?
Even if the officer has reasonable grounds to suspect an offence is, has or is about to be committed, the actual power of arrest is only exercisable if the constable has reasonable grounds for believing that, for any one of the grounds, it is necessary to arrest the person in question:
• To enable the name of the person to be ascertained.
• To enable the address of the person to be ascertained.
• To prevent the person:
• Causing physical injury to themselves or any other person
• Suffering physical injury
• Causing loss of or damage to property
• Committing an offence against public decency
• Causing an unlawful obstruction of the highway.
• To protect a child or other vulnerable person from the person in question.
• To allow prompt and effective investigation of the offence or the conduct of the person in question.
• To prevent any prosecution for the offence being hindered by the disappearance of the person in question.
51
Who has powers of arrest?
```
Police = arrest for anything
Civilian = arrest for indictable offences only.
```
52
What is the test for reasonable suspicion?
(i) the constable carrying out the arrest must actually suspect (the subjective test); and
(ii) a reasonable person in possession of the same facts as the constable would also suspect (the objective test).
53
What is arrest with warrant?
The Mags can issue a warrant for someone to be arrested. This would be based on someone giving evidence to the court that the person should be arrested. OR someone who has failed to appear.
The offence must be indictable or imprisonable or the address must be insufficiently established for a summons to be served.
Crown court can issue an arrest warrant for failure to attend court when bailed to do so.
54
What are the general requirements for arrest?
In order for the arrest to be lawful, at the time of the arrest or as soon as practicable after arrest, a person must be informed of the fact that they are under arrest and the grounds for arrest. It doesn’t have to be the arresting officer; it can be a colleague instead. Even if the grounds for arrest are obvious, this information must still be given by the constable.
55
What is the consequences of failing to inform someone of the reason for their arrest?
It's not unlawful, however it is a breach of code c.
56
How and when do you caution someone?
When you caution someone, it can be non-technical language. E.g. “You’re nicked!” is sufficient.
You don’t have to specify the offence; you can simply say “you are under arrest for public order”.
Person arrested needs to be cautioned as soon as reasonably practicable after arrest. It may be impracticable to do so because of the suspects behaviour or condition at the time.
57
Whats the consequence of not cautioning someone?
Failing to give the caution does not render arrest unlawful but it is a breach of code C. This may provide grounds for exclusion of prosecution evidence which is obtained following this failure (S76/78 PACE).
58
What has to be recorded in a pocket notebook?
-Why the arrest was necessary
-The giving of caution
-Anything said by the arrest person at the time
If that person is arrested and detained, the details need to be attached or recorded in custody record.
59
When should handcuffs be used?
When reasonably necessary to prevent escape or prevent a violent breach of the peace.
60
How does the court determine if the use of force by a police officer was reasonable?
-Nature and degree of force used
-The gravity of the offence for which arrest is made
-The harm that would flow from the use of force
-Possibility of affecting the arrest if force wasn’t used.
If force results in serious injury, does not per se make it unreasonable and the use of excessive force does not render an arrest unlawful.
61
Where should a person go after they've been arrested and when?
Usually a person arrested must be taken to a police station as soon as practicable. The exception is where their presence at a place other than a police station is necessary to carry out such investigations as it is reasonable to carry out immediately. This can include:
• being searched;
• being taken to premises being searched; or
• being taken to a place to check their alibi.
The person can be taken to any police station unless it is anticipated that they will be detained for more than 6 hours, in which case, the person must be taken to a designated police station. Instead of being taken to a police station, the person arrested can be granted bail to attend a police station at a later date. This is referred to as ‘street bail’. Conditions can be attached to the bail.
62
What happens when an arrested person arrives at a police station?
* The detainee will see the custody officer who must authorise continued detention.
* The detainee will be informed of their rights.
* The detainee will have certain non-intimate samples taken.
* The detainee may see the appropriate healthcare professional if necessary.
* If the detainee requests, they will speak to a solicitor.
* The detainee may be interviewed, often with their solicitor present.
* After the interview, the detainee may be:
* released under investigation or on police bail;
* charged and released on police bail to appear at the magistrates’ court at a later date; or
* charged and remanded in police custody to appear at the magistrates’ court on the following day.
63
Who is the custody officer and what is their role?
On arrival at the police station the arrested person will be presented to the custody officer as soon as possible. The custody officer:
• is responsible for the handling and welfare of suspects in detention at the police station
• must be a police officer of the rank of at least sergeant.
• must be unrelated to the process of the investigation of the offence.
64
What is the custody officers role in respect of detention?
The reason for arrest must be explained to the custody officer, who can then authorise detention of the person arrested. The custody officer must order the release of the person detained if the custody officer becomes aware that the grounds for detaining the person have ceased to exist. A person can only be detained at the police station on the authority of the custody officer, and may be released only on the custody officer’s authority. If the custody officer is not available, their role may performed by another officer, though that officer must not normally be involved in the investigation of an offence for which the person is in detention.
The custody officer will firstly determine whether there is sufficient evidence to proceed to charge the detainee. If not, then the arrested person must be released unless there are reasonable grounds for believing that detention is necessary to:
• secure or preserve evidence; or
• obtain such evidence by questioning.
65
If the custody officer finds there are grounds to detain an arrested person, what will they do?
If there are grounds to detain, the custody officer will then:
• authorise detention of the suspect;
• open a custody record;
• inform the detainee of the reason for their arrest;
• inform the detainee of the reason for their detention; and
• advise the detainee of their rights.
66
what are the duties of a custody officer when thinking about the welfare of an arrested person?
The custody officer is responsible for the welfare of each detainee. Additional duties include:
• Conducting a risk assessment procedure for each detainee.
• Making special arrangements, if necessary, for detainees who may be physically or mentally incapacitated.
• Arranging for interpreters to be present, where appropriate.
• Dealing with a detainee’s property.
• Contacting healthcare professionals, if needed.
67
What is the custody record?
A custody record needs to be opened as soon as possible for each detainee, this is required under COPC, this includes the requirement to tell the person the reason for their arrest, the circumstances of the arrest, why arrest was necessary and any comments made by the arrested person.
It's essential that the solicitor attending can view this record as it should contain everything that has happened. They have a right to consult these records at any time while their client is still detained.
68
What is a review of detention?
its a regular review to satisfy that the detention is still necessary.
69
When does a review of detention take place?
First review: no more than 6 hours after detention was authorised by custody officer.
Every review after: every 9 hours.
70
Who can do a review of detention?
Cannot be connected to the investigation, can't be the custody officer and has to have at least the rank of an inspector.
71
Whats the initial detention time limit?
24 hours from the time that the person arrested first arrives at the police station or 24 hours after arrest, whichever is the sooner.
72
Can the initial detention time limit be extended?
Summary offence: No.
| Indictable: yes, up to 36 hours by a rank of superintendent or above.
73
Can the detention time limit be extended past 36 hours?
Yes, but must be done by a magistrate. Only up to 96 hours.
74
What are the requirements of extending the detention time limit?
Section 42 specifies that for detention to be extended:
• an officer of at least the rank of superintendent must authorise the continued detention.
• the superintendent or above has reasonable grounds for believing detention is necessary to secure or preserve evidence or obtain evidence by questioning.
• the offence must be an indictable offence; and
• the investigation must be being conducted diligently and expeditiously.
Section 42 stipulates that:
• authorisation to extend must be given before the expiry of the initial 24 hours but after the second review has occurred.
• the grounds for the extension must be explained to the suspect and noted in the custody record; and
• the suspect and/or the suspect’s solicitor should be allowed an opportunity to make representations.
75
What are the rights of a person arrested?
* the right to consult privately with a solicitor and that free independent legal advice is available;
* The right to have someone informed of their arrest; and
* The right to consult the Codes of Practice (COP).
76
When must an arrested person be told of their right to free and independent legal advice?
The person detained must be told again of the right to free legal advice immediately before:
• the commencement or recommencement of an interview;
• being asked to provide an intimate sample;
• an intimate drug search;
• an identification parade or video identification procedure.
• If legal advice is declined, that should be noted on the custody record.
• Where legal advice is sought, it must be provided as soon as is practicable.
• Police should usually await the arrival of a solicitor/ legal representative before beginning an interview.
• Nothing should be done to dissuade the suspect from obtaining legal advice.
• If a detained person initially declined legal advice but subsequently changes their mind then the interview should cease and can recommence once the detainee has exercised their right to seek legal advice.
77
What is the criteria to delay a suspects right to legal advice?
* the person must be in detention for an indictable offence; and
* the authority to delay the exercise of the right is granted in writing by a police officer of at least the rank of superintendent; and
* the superintendent has reasonable grounds to believe that the exercise of the right will lead to any or all of the following consequences:
* interference with/harm to evidence connected with an indictable offence;
* interference with/harm to others;
* alerting of other people suspected of committing an indictable offence but not yet arrested for it; and /or
* hinder the recovery of property obtained in consequence of the commission of such an offence.
78
How long can the right to legal advice be delayed for?
Up to a max of 36 hours.
79
What is the criteria to delay the right to having someone informed of the arrest?
* the person must be in detention for an indictable offence (an offence that may be tried in the Crown Court i.e. indictable only and either way offences); and
* the authority to delay the exercise of the right is granted in writing by a police officer of at least the rank of inspector; and
* the inspector has reasonable grounds to believe that the exercise of the right will lead to any or all of the following consequences:
* interference with/harm to evidence connected with an indictable offence;
* interference with/harm to others;
* alerting of other people suspected of committing an indictable offence but not yet arrested for it; and /or
* hinder the recovery of property obtained in consequence of the commission of such an offence.
* The right might also be delayed if the person has been detained for an indictable offence and has benefited from their criminal conduct, i.e. obtained property which the person might take steps to try to conceal, such as moving the property outside the jurisdiction. This is property that upon conviction might be confiscated by virtue of POCA.
* It is easier to justify the delay under s.56 than it is under s.58. Often the police may want to search a suspect’s property and will not want anyone ‘tipping off’ so that evidence can be disposed of before they get there.
* However, any delay or denial of the rights in this section should be proportionate and should last no longer than necessary.
80
How long can the right to have someone informed of the arrest be delayed?
Up to a max of 36 hours.
81
Who has the right to an appropriate adult?
The right to an appropriate adult also applies to anyone whom a police officer suspects may be:
• mentally disordered or otherwise mentally vulnerable;
• anyone whom an officer has been told in good faith may be mentally disordered or otherwise mentally vulnerable.
82
Who can be an appropriate adult?
In the case of a young detainee, the appropriate adult is defined as:
• a parent; or
• a guardian; or
• in the case of a young person looked after under the Children Act 1989:
• a representative of the care authority or voluntary organisation; or
• a social worker.
Failing these, any person aged 18 or over who is not a police officer or police employee suffices. In the case of a detainee who is mentally disordered or otherwise mentally vulnerable, the appropriate adult can be:
• a parent; or
• a guardian; or
• a relative; or
• someone who has experience in dealing with such persons.
The appropriate adult must be 18 or over and must not be a police officer or police employee.
83
Who cannot be an appropriate adult?
A solicitor/ legal representative attending the police station for the suspect should not act as the appropriate adult. A person cannot act as an appropriate adult if they are:
a) suspected of involvement in the offence;
b) the victim of, or a witness to, the offence;
c) involved in the investigation;
d) a person who has received admissions from the person detained before acting as appropriate adult;
e) of low IQ and unable to appreciate the gravity of the situation; or
f) an estranged parent whom an arrested juvenile does wish to attend and specifically objects to.
84
What is the role of an appropriate adult?
a) ensure that the detained person understands what is happening and why;
b) support, advise and assist the detained person;
c) observe whether the police are acting properly and fairly and to intervene if they are not;
d) assist with communication between the detained person and the police; and
e) ensure that the detained person understands their rights and that those rights are protected and respected.
85
Can you proceed without an appropriate adult?
No, A young or mentally disordered or vulnerable detainee should not be interviewed or asked to provide a written statement without the presence of an appropriate adult unless delay would be likely to lead to:
• interference with or harm to evidence connected with an offence;
• interference with or physical harm to other people;
• serious loss of or damage to property;
• alerting other suspects not yet arrested; or
• hindering the recovery of property obtained in consequence of commission of the offence.
86
When can the right to an interpreter be removed?
Where the custody officer has determined that a suspect requires an interpreter, that suspect must not be interviewed without an interpreter unless authorisation is given by an officer of the rank of superintendent or above who is satisfied that delaying the interview will lead to:
• interference with, or harm to, evidence; or
• interference with or physical harm to other people; or
• serious loss of, or damage to, property.
87
How should a detainee be treated at a police station?
conditions of detention which include:
• so far as practicable, not more than one detainee should be detained in each cell;
• cells must be adequately heated, cleaned and ventilated;
• bedding must be supplied;
• toilet and washing facilities made available;
• if a detainee’s clothes have been removed, replacement clothing of a reasonable standard shall be provided; and
• two light meals and one main meal should be provided every twenty-four hours.
88
When should a caution be given to someone being interviewed?
Interviews must be carried out under caution so suspect must be cautioned before interview. If interview recommenced, they should be cautioned again.
A caution is not necessary where questions are asked for other purposes such as:
a) Solely to establish identity or ownership of a vehicle;
b) To obtain information in accordance with a statutory requirement, e.g. to obtain the name and address of the driver of a vehicle;
c) In furtherance of the proper and effective conduct of a search; or
d) To seek verification of a written record of comments made by the person outside of an interview.
89
Where can an interview take place?
Where an officer has decided to arrest a person, that person should be interviewed at a police station or other authorised place of detention. The requirement that an interview be conducted at a police station is subject to exception where delay would be likely to:
a) lead to interference with or harm to evidence connected with an offence, interference with or physical harm to other persons, or serious loss of, or damage to, property; or
b) lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it; or
c) hinder the recovery of property obtained in consequence of the commission of an offence.
90
What significant statement should be told to a detainee before their interview?
the person to be interviewed (and the person’s solicitor if legally represented) must be given sufficient information to make it possible to understand the nature of the suspected offence and why the person is suspected of having committed it.
91
What significant statement should be told to a detainee at the beginning of an interview?
At the beginning of an interview, but after caution, any significant statement made by the person interviewed in the presence of a police officer or member of police staff must be put to them. A significant statement is one that is appears to be capable of being used in evidence, and in particular any direct admission of guilt (i.e. a confession).
92
Should an interview be recorded?
Indictable: Audio
Lesser offences: can be written.
ALL INTERVIEWS MUST BE RECORDED IN SOME WAY.
93
Who makes charging decisions?
The cps. The police will contact the cps with all their evidence and the cps will say yes or no.
All charging decisions for indictable only offences are taken by the crown prosecutor. Police have some discretion on whether to charge for a range of summary offences, including various road traffic offences and s5 public order act, criminal damage less than £5,000 and low value shoplifting. The custody officer is the person that makes that decision.
