Evidence/Police Complaints Flashcards
Why can the courts dismiss evidence?
If police powers have been exercised incorrectly and the evidence was obtained improperly
What is the problem with much of the legislation within the pace act 1984?
Some of it is very vague and subjective, the word ‘reasonable’ is repeated which is open to interpretation
What does s76 (2) a of pace 1984 state?
That confessions may be excluded from a trial if there is evidence they were obtained with oppression
What sets out that the court may dismiss evidence if it is proven to have been obtained by oppression?
S76 (2) a of pace 1984
What does S76 (2) (b) of pace 1984 set out?
That a confession may be refused at a trial if circumstances make it potentially unreliable
What sets out that if circumstances make evidence potentially unreliable it can be dismissed in court?
S76 (2) (b)
What case is relevant to s76 (2) (b) of pace 1984?
R v Samuel (1988)
What is the case of R v Samuel (1988) relevant to?
S76 (2) (b) of pace 1984
What does s78 of pace 1984 set out?
That any evidence (including confession) could be exuded on the grounds it may effect the fairness of the trail
In the case of R v Samuel (1988) why was the confession deemed inadmissible?
Failure to provide access to legal advice rendered the confessions inadmissible
What happened in the case of R v Samuel (1988)?
Failure to provide access to legal advice rendered the confessions inadmissible
What sets out that evidence can be excluded if it affects the fairness of the trial?
S78 of pace 1984
What is the case of R v Canale (1990) relevant too?
S78 of pace 1984
What case is relevant to s78 of pace 1984?
R v Canale (1990)
What case happened in 1990?
R v Canale
In what year was the case of R v Canale?
1990
What happened in the case of R v Canale (1990)?
The evidence was excluded from the trial because the police had not written up the interview immediately afterwards
What does s57 of pace 1984 set out?
That if a vulnerable person does not have an ‘appropriate’ adult present whilst being questioned the confession may be inadmissible in court
What states that if a vulnerable person does not have an a proportionate adult present in questioning then their confession may be inadmissible in court?
S57 pace 1984
Who can make a police complaint?
Anyone, it need not be the victim of police misconduct but a witness
What is the time period for an individual to file a police complaint?
Within one year of the alleged incident
If someone is dissatisfied with police behaviour, what actions can they take?
They can make a complaint or sue through the civil courts
Who oversees the police complaints procedure?
The independent police complaints commission
What do the independent police complaints commission do?
Oversee the police complaints procedure
How do police complaints begin?
With the individual, or solicitor/mp representing the individual making a written complain to the police force in question. If it is not sent to the police but to the IPCC they must direct it to the police.
Why is it important police powers are exercised properly?
Because misconduct can result in the police being sued or evidence being dismissed by the court
Also to keep the public safe
What ways can professions standards departments deal with complaints?
They can offer formal or informal resolutions
What is the outcome of the informal resolution procedure?
It will likely result in an apology. There is no right of appeal once this is chosen.
What is the formal resolution procedure?
It will be dealt with through the local investigation procedure
CHANGE What is the local investigation procedure?
The police must appoint an investigating officer of the same rank or above as the officer in question
CHANGE
In what circumstances must a complaint be forwarded to the independent police complaints commission?
Death following police contact e.g custody incidents
Fatal road accidents involving a police vehicle
Allegations of aggravated discriminatory behaviour
Allegations that an officer has committed a serious arrestable offence while on duty
Allegations of corruption
Who can the independent police complaints commission refer a case too?
The crown prosecution service
Why would the independent police complaints commission refer a case to the crown prosecution service?
If they believe an officer should be prosecuted
When was the independent police complaints commission set up?
2004
Why was the independent police complaints commission set out?
To replace the police complaints authority as the government felt a more open and accessible service was needed
Who oversees the independent police complaint commission?
A chair person and 12 commissioners - none of whom must have previously worked for the police
Who appoints the commissioners in the independent police complaints commission?
The Home Secretary
What is a high profile case the independent police complaints commission has been involved in?
The shooting of Jean Menezes who was mistakenly believed to be a suicide bomber
What are remedies for breach of police powers?
An apology by the police force An explanation A change in police procedure A referral to the cps Judicial review
