Evidence/Police Complaints Flashcards

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1
Q

Why can the courts dismiss evidence?

A

If police powers have been exercised incorrectly and the evidence was obtained improperly

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2
Q

What is the problem with much of the legislation within the pace act 1984?

A

Some of it is very vague and subjective, the word ‘reasonable’ is repeated which is open to interpretation

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3
Q

What does s76 (2) a of pace 1984 state?

A

That confessions may be excluded from a trial if there is evidence they were obtained with oppression

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4
Q

What sets out that the court may dismiss evidence if it is proven to have been obtained by oppression?

A

S76 (2) a of pace 1984

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5
Q

What does S76 (2) (b) of pace 1984 set out?

A

That a confession may be refused at a trial if circumstances make it potentially unreliable

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6
Q

What sets out that if circumstances make evidence potentially unreliable it can be dismissed in court?

A

S76 (2) (b)

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7
Q

What case is relevant to s76 (2) (b) of pace 1984?

A

R v Samuel (1988)

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8
Q

What is the case of R v Samuel (1988) relevant to?

A

S76 (2) (b) of pace 1984

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9
Q

What does s78 of pace 1984 set out?

A

That any evidence (including confession) could be exuded on the grounds it may effect the fairness of the trail

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10
Q

In the case of R v Samuel (1988) why was the confession deemed inadmissible?

A

Failure to provide access to legal advice rendered the confessions inadmissible

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11
Q

What happened in the case of R v Samuel (1988)?

A

Failure to provide access to legal advice rendered the confessions inadmissible

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12
Q

What sets out that evidence can be excluded if it affects the fairness of the trial?

A

S78 of pace 1984

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13
Q

What is the case of R v Canale (1990) relevant too?

A

S78 of pace 1984

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14
Q

What case is relevant to s78 of pace 1984?

A

R v Canale (1990)

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15
Q

What case happened in 1990?

A

R v Canale

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16
Q

In what year was the case of R v Canale?

A

1990

17
Q

What happened in the case of R v Canale (1990)?

A

The evidence was excluded from the trial because the police had not written up the interview immediately afterwards

18
Q

What does s57 of pace 1984 set out?

A

That if a vulnerable person does not have an ‘appropriate’ adult present whilst being questioned the confession may be inadmissible in court

19
Q

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?

A

S57 pace 1984

20
Q

Who can make a police complaint?

A

Anyone, it need not be the victim of police misconduct but a witness

21
Q

What is the time period for an individual to file a police complaint?

A

Within one year of the alleged incident

22
Q

If someone is dissatisfied with police behaviour, what actions can they take?

A

They can make a complaint or sue through the civil courts

23
Q

Who oversees the police complaints procedure?

A

The independent police complaints commission

24
Q

What do the independent police complaints commission do?

A

Oversee the police complaints procedure

25
Q

How do police complaints begin?

A

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.

26
Q

Why is it important police powers are exercised properly?

A

Because misconduct can result in the police being sued or evidence being dismissed by the court
Also to keep the public safe

27
Q

What ways can professions standards departments deal with complaints?

A

They can offer formal or informal resolutions

28
Q

What is the outcome of the informal resolution procedure?

A

It will likely result in an apology. There is no right of appeal once this is chosen.

29
Q

What is the formal resolution procedure?

A

It will be dealt with through the local investigation procedure

30
Q

CHANGE What is the local investigation procedure?

A

The police must appoint an investigating officer of the same rank or above as the officer in question
CHANGE

31
Q

In what circumstances must a complaint be forwarded to the independent police complaints commission?

A

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

32
Q

Who can the independent police complaints commission refer a case too?

A

The crown prosecution service

33
Q

Why would the independent police complaints commission refer a case to the crown prosecution service?

A

If they believe an officer should be prosecuted

34
Q

When was the independent police complaints commission set up?

A

2004

35
Q

Why was the independent police complaints commission set out?

A

To replace the police complaints authority as the government felt a more open and accessible service was needed

36
Q

Who oversees the independent police complaint commission?

A

A chair person and 12 commissioners - none of whom must have previously worked for the police

37
Q

Who appoints the commissioners in the independent police complaints commission?

A

The Home Secretary

38
Q

What is a high profile case the independent police complaints commission has been involved in?

A

The shooting of Jean Menezes who was mistakenly believed to be a suicide bomber

39
Q

What are remedies for breach of police powers?

A
An apology by the police force
An explanation 
A change in police procedure 
A referral to the cps
Judicial review