Intro to Policing Leg Flashcards
PACE
Police And Criminal Evidence Act 1984
- Protect rights of all individuals
- Justice, honesty and workabilty in processes
- Correct way to carry out actions
- Police powers
Human rights act 1998
List of rights- absolute, limited, qualified. Always use PLAN when using powers: Proportionate Legal Appropriate Necessary
Principles of criminal liability
Actus reus- action/lack of in offence
Mens reus- mental state/thought, guilty knowledge
Strict liability offences
Offences when the guilty act needs proving.
E.g. defectice motor driving
No mens reus
Burden of proof
To provide evidence to prove ones guilt not to defend
Statutory defense
Written into the law which prevents suspect from being convicted.
E.g self defence
Points to prove
For every offence every point to prove has to be present or offence cannot be proved
Summary only
Offences dealt with in Magistrates court
Summary on indictment
Cases take place in Crown Court.
More serious assults.
Triable either way
The Magistrate must decide if the case is heard in the Magistrates Court (summary) or sent to Crown Court.
Common law
Applied across whole country
Magna Carta
Statuate law
Foundation of legal system-
Houses of parliment make the final decisions on laws
Case law
Interpretations of the law.
As cases reach court, case law is made with various decisions on certain
situations.
Acts of parliment
Definitions of offences, powers of arrest and penalties.
Updates provided in statutory instruments.
Statutory instruments
Allow details of an act to be revised without parlimentary procedures
