Evidence/Police Complaints

Question 1

Why can the courts dismiss evidence?

Answer 1

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

Question 2

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

Answer 2

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

Question 3

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

Answer 3

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

Question 4

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

Answer 4

S76 (2) a of pace 1984

Question 5

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

Answer 5

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

Question 6

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

Answer 6

S76 (2) (b)

Question 7

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

Answer 7

R v Samuel (1988)

Question 8

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

Answer 8

S76 (2) (b) of pace 1984

Question 9

What does s78 of pace 1984 set out?

Answer 9

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

Question 10

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

Answer 10

Failure to provide access to legal advice rendered the confessions inadmissible

Question 11

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

Answer 11

Failure to provide access to legal advice rendered the confessions inadmissible

Question 12

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

Answer 12

S78 of pace 1984

Question 13

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

Answer 13

S78 of pace 1984

Question 14

What case is relevant to s78 of pace 1984?

Answer 14

R v Canale (1990)

Question 15

What case happened in 1990?

Answer 15

R v Canale

Question 16

In what year was the case of R v Canale?

Answer 16

1990

Question 17

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

Answer 17

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

Question 18

What does s57 of pace 1984 set out?

Answer 18

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

Question 19

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?

Answer 19

S57 pace 1984

Question 20

Who can make a police complaint?

Answer 20

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

Question 21

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

Answer 21

Within one year of the alleged incident

Question 22

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

Answer 22

They can make a complaint or sue through the civil courts

Question 23

Who oversees the police complaints procedure?

Answer 23

The independent police complaints commission

Question 24

What do the independent police complaints commission do?

Answer 24

Oversee the police complaints procedure

Question 25

How do police complaints begin?

Answer 25

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.

Question 26

Why is it important police powers are exercised properly?

Answer 26

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

Question 27

What ways can professions standards departments deal with complaints?

Answer 27

They can offer formal or informal resolutions

Question 28

What is the outcome of the informal resolution procedure?

Answer 28

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

Question 29

What is the formal resolution procedure?

Answer 29

It will be dealt with through the local investigation procedure

Question 30

CHANGE What is the local investigation procedure?

Answer 30

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

Question 31

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

Answer 31

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

Question 32

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

Answer 32

The crown prosecution service

Question 33

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

Answer 33

If they believe an officer should be prosecuted

Question 34

When was the independent police complaints commission set up?

Answer 34

2004

Question 35

Why was the independent police complaints commission set out?

Answer 35

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

Question 36

Who oversees the independent police complaint commission?

Answer 36

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

Question 37

Who appoints the commissioners in the independent police complaints commission?

Answer 37

The Home Secretary

Question 38

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

Answer 38

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

Question 39

What are remedies for breach of police powers?

Answer 39

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