PACE 1984

Question 1

s.24

Answer 1

Arrest without warrant

Question 2

s.28

Answer 2

arrest procedure

Question 3

s.38

Answer 3

After charge, D may be released unless one of these conditions made out

Question 4

s.56

Answer 4

Suspect right to be told they have been arrested (intimation)

Question 5

s.58(1)

Answer 5

Suspect right to consult a solicitor

Question 6

s.58(4)

Answer 6

If solicitor requested, must abide as soon as practicable unless delay permitted under this section

Question 7

s.37(2)

Answer 7

detention necessary to secure or preserve evidence if not sufficient evidence

Question 8

s.37(7)

Answer 8

suspect must be charged or released if sufficient evidence to charge

Question 9

s.61-63

Answer 9

far ranging powers for fingerprints, samples etc before charge and without consent

Question 10

s.63(b)

Answer 10

refusal to drug test can sometimes be an offence (although subject to amendments after Protections of Freedoms Act 2012)

Question 11

s.117

Answer 11

Reasonable force allowed at arrest if it is lawful

Question 12

s.76(1)

Answer 12

confessions admissible for prosecution under hearsay rule unless excluded by s.76(2)

Question 13

s.76(2)

Answer 13

confessions excluded if represented to have or may have been obtained a)by oppression of the person who made it or b) in consequence of anything said or done which was likely in the circumstance at the time, to render unreliable any confession which might be made by him as consequence (pros must prove beyond reasonable doubt that not obtained that way)

Question 14

s.76(4)

Answer 14

an admissible confession does not affect the admissibility of any facts discovered as a result of the confession

Question 15

s.76(5)

Answer 15

where a fact is discovered as a result of an excluded confession, the means of discovery is not admissible unless given by the defendant or on his behalf

Question 16

s.76(8)

Answer 16

oppression includes torture, inhumane or degrading treatment and the use of threat of violence (whether amounting to torture)

Question 17

s.78

Answer 17

in any proceedings the court may refuse to allow evidence in which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it- courts descretion

Question 18

s.82(1)

Answer 18

‘any statement wholly or partly adverse to the maker whether made to a person in authority or not and whether made in words or otherwise