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Criminal Litigation > PACE > Flashcards

PACE Flashcards

1
Q

Section 1 of the Police and Criminal Evidence Act provides a police officer with a power to stop and search persons and vehicles if he reasonably suspects that he will find stolen or prohibited articles.

Is reasonable suspicion a purely objective, a purely subjective or a mixed test? Why?

A

Mixed. Reasonable suspicion requires both that the constable carrying out the arrest actually suspects (a subjective test) and that a reasonable person in possession of the same facts as the constable would also suspect (an objective test).

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2
Q

In forming a reasonable suspicion a constable may never rely on hearsay, irrespective of whether he believes it. True or false?

A

False. In forming a reasonable suspicion a constable may rely on hearsay, provided that it is reasonable and that he believes it

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3
Q

Can a police officer rely on an instruction by his superior to arrest someone?

A

No. The mere fact that an arresting officer has been instructed by his superior to effect an arrest is not sufficient

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4
Q

Use of arrest in order to interview and/or seek further evidence from a suspect, or to arrest as a means of exercising control over a suspect with a view to securing a confession or other information where it is necessary to bring matters to a head speedily, to preserve evidence or to prevent the further commission of crime, is permissible. True or false?

A

True.

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5
Q

Can the police mislead a defendant as to the nature of the investigation: IE whether a victim of a crime has died?

A

No. (Kirk [2000] 4 All ER 698)

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6
Q

What does s117 of PACE 1984 say about the use of force?

A

PACE 1984, s. 117, provides that where any provision of the Act confers a power on a constable and does not provide that the power may be exercised only with the consent of a person, the officer may use reasonable force, if necessary, in the exercise of the power.

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7
Q

In determining what force is reasonable in the circumstances, what will the Court take into account?

A

All the circumstances including

  1. The nature and degree of the force used
  2. The gravity of the offence for which arrest is to be made
  3. The harm that would flow from the use of force against the suspect
  4. The possibility of effecting the arrest or preventing the harm by other means
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8
Q

When should handcuffs be used?

A

Handcuffs should be used only where they are reasonably necessary to prevent an escape or to prevent a violent breach of the peace by a prisoner

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9
Q

What must a constable have reasonable grounds of suspecting of before he makes a search under PACE s1?

A 
An offensive weapon 
OR
An article made or adapted for use in connection with burglary, fraud or theft
OR
Any stolen items
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10
Q

Where may an officer search under PACE?

A

A vehicle or on an individual

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11
Q

Is a person pending extradition held under PACE according to s118(2)?

A

No. Different rules apply

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12
Q

PACE 1984 covers the detention and treatment of suspects. In which of the following situation is a person not in “police detention”?

  1. Having been taken to a police station after an arrest.
  2. If he has been detained elsewhere than a police station in the charge of a constable
  3. If he is attending a police station to answer live-link bail
A

3

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13
Q

Where a Magistrates Court remands a person in custody in a police station, is that person in “police detention” for the purposes of PACE?

A

Yes

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14
Q

A person who voluntarily attends a police station is entitled to leave at will unless he either is arrested or cautioned. Is this true or false?

A

False, only if a person is arrested may they be detained. If they are cautioned they must be told they are free to leave if they wish (Code C Para 3.22)

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15
Q

Where a person has been arrested, what must the police do?

A
  1. Take him to a police station
  2. Put him in front of a custody officer or someone acting as a custody officer
  3. Open a custody record
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16
Q

What rank must a custody officer be at a minimum?

A

Serjeant

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17
Q

Where a person is arrested for an offence, what must a custody officer decide?

A

Whether there is enough evidence to charge the suspect with the offence for which he is arrested.

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18
Q

If a custody officer determines that he does not have sufficient evidence to charge an arrested person, he must release him. What are the two exceptions?

A
  1. He has reasonable grounds for believing that the detention without charge is necessary for securing or preserving evidence for which he is under arrest
  2. For questioning
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19
Q

Where the custody officer authorises detention, the what should he do?

A
  1. Inform the detainee of his to legal advice
  2. Inform the detainee of the right to have someone informed of his arrest
  3. Inform the person of his right to consult the Codes of practice and give him written notification of his rights.
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20
Q

What right does a foreign national have on his detention in police custody?

A

The right to have his Embassy or High Commission informed

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21
Q

How may the right of notification be delayed and when is this possible?

A

For an indictable offence, an officer of the rank of inspector or above may authorise delay in notification by up to 36 hours

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22
Q

A person who is arrested and has been held in custody has the right to consult a solicitor privately at any time. The police cannot refuse access to a prisoner in custody merely because the request falls outside customary hours. True or false?

A

True

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23
Q

A person must be told of his right to free legal advice when he is brought to a police station. True or false?

A

True

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24
Q

If a person declines the right to legal advice, what must an officer tell him?

A
  1. The right to legal advice includes the right to speak to a solicitor on the phone
  2. Record any reason for refusal
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25
Q

Arrest’ is not defined by the PACE 1984, or other legislation, and there is some inconsistency in the case law. Arrest, is an ordinary English word, and whether or not a person has been arrested depends not on the legality of the arrest but on whether he has been deprived of his liberty to go where he pleases. Which case?

A

Lewis v Chief Constable of the South Wales Constabulary

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26
Q

Under s28 PACE 1984 an arrest will be lawful even if the police officer does not tell the defendant he is under arrest. True or false?

A

False

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27
Q

There is no need to tell a defendant about the grounds of their arrest if they are obvious under s28(3) PACE 1984. True or false?

A

False

28
Q

A Constable who arrests a person elsewhere than at a police station may search that person if he has reason to believe that the person may present a danger to himself or others (PACE 1984, s. 32(1)). True or false?

A

True

29
Q

The normal maximum period of detention without charge is XXX hours from the relevant time (PACE 1984, s. 41(1)). What is XXX?

A

24

30
Q

If a defendant is taken to hospital after arrest, what happens to the time limit?

A

Time spent at the hospital or travelling to or from hospital does not count, except for any time spent questioning the person for the purpose of obtaining evidence in respect of an offence.

31
Q

What are the three conditions for extending the detention period past 24 hours?

A
  1. A police officer of the rank of superintendent or above has reasonable grounds for believing that such detention is necessary to secure or preserve evidence relating to an offence for which the person is under arrest
  2. The offence for which he is under arrest is an indictable offence;
  3. That the investigation is being conducted diligently and expeditiously.
32
Q

Detention without charge beyond 36 hours from the relevant time is permitted only where a magistrates’ court issues a warrant of further detention. True or false?

A

True

33
Q

According to s76.2 of PACE, when will a confession not be able to be used against a defendant in Court?

A
  1. When a confession is obtained through oppression
  2. When in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof.
34
Q

What does “confession” mean according to s82 of PACE?

A

““Confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;”

35
Q

Which PACE Code refers to Detention, Questioning and Treatment of Persons?

A, B, C or D?

A

Pace Code C

36
Q

Which Pace Code refers to identification of suspects by police officers?

A, B, C or D?

A

Pace Code D

37
Q

Which Pace Code deals with the statuary power of stop and search and requirements to record public encounters by police officers and staff?

A, B, C or D?

A

Pace Code A

38
Q

Which Pace Code deals with the exercise by police of statutory powers of entry, search and seizure?

A, B, C or D?

A

Pace Code B

39
Q

What does Section 76 of PACE 1984 provide?

A

Confessions may be excluded by the Court if they 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 circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,

40
Q

If a confession is excluded under Section 76 of PACE, is evidence obtained as a result of that confession also automatically excluded?

A

No

41
Q

What is Section 78 of PACE 1984?

A

In any proceedings the court may refuse to allow evidence on 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.

42
Q

Pace Code C10 provides that:
A person whom there are grounds to suspect of an offence, see Note 10A, must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them.

True or false?

A

True

43
Q

Cyril MacDuff is seen coming out of a shop with a bag that says “swag”. PC Joe Briefly stops him and asks “have you just robbed that shop. Has PC Joe Briefly questioned Cyril MacDuff legitimately?

A

No. He should have cautioned Cyril MacDuff as there are reasons to suspect him of the offence.

44
Q

What steps must be taken prior to a search according to PACE 1984 Code A 3.8 (GOWISELY)

A 
Grounds (for the search)
Object (of the search)
Warrant card
Identification of the officer
Station (to which the officer is attached)
Entitlement (to a record of the search)
"You are being searched because"
45
Q

What can a police officer ask a person to remove in public according to PACE 1984 Code A 3.5?

A

An outer coat, jacket or gloves,

46
Q

According to Code A 3.2 PACE 1984, when may a forcible search be made?

A

A forcible search may be made only if it has been established that the person is unwilling to co-operate or resists.

47
Q

Sister Assumpta has been arrested and put into the back of a police car for an attempted burglary. PC Larry Duff asks Sheila: “Why on earth did you try to do that”?

Is this a breach of PACE s11?

A

Yes, PACE provides that following a decision to arrest a suspect, they must not be interviewed about the relevant
offence except at a police station or other authorised place of detention

48
Q

Father Todd Unctious, Father Luke Duke, Father Billy Ferry and Father Chewy Louie rob a bank. Afterwards at interview, Father Chewy Louie admits that he was involved and names Father Todd Unctious, Father Luke Duke and Father Billy Ferry. Is the evidence admisssible and against whom?

A

This is a confession, governed by Section 76 of PACE. It is admissible against Father Chewy Louie, but it may not be admissible against Father Todd Unctious, Father Luke Duke and Father Billy Ferry.

49
Q

What does Section 11.1 of PACE 1984 provide?

A

Following a decision to arrest a suspect, they must not be interviewed about the relevant offence except at a police station or other authorised place of detention.

50
Q

Father Damien Lennon is on remand at HMP Craggy Island for the murder of Father “Frosty” Frost. He writes to Father Billy O’Dwyer and says “I can’t say I’m sorry about what happened to Father “Frosty” Frost. Father Billy O’Dwyer is horrified and takes the letter to the police. Can the evidence be used?

A

Yes, this is a confession under s76 PACE

51
Q

Under PACE Code C11.7 a record of an interview only needs to be made for indictable offences. True or false?

A

False

52
Q

Complete the sentence which opens PACE Code A:

“Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without __________________”.

A

Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination.

53
Q

PC Fintan Fay sees Noel Furlong, who he knows has been convicted of knife offences. He has no specific identity evidence but knows that a man has been spotted with a knife. Can he stop and search him according to PACE Code A 2.2?

A

No. According to PACE Code A 2.2, reasonable suspicion cannot be based on personal factors such as characteristics of previous convictions.

54
Q

Andy Riley, George Byrne, Declan Lynch and Ken Sweeney are all in a gang which wear a certain type of neck tie. The gang is known to commit drug offences. PC Hank Tree spots George Byrne out wearing a neck tie. Could this be suitable grounds for a stop and search according to PACE Code A 2.6?

A

Yes.

Where there is reliable information or intelligence that members of a group or gang habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive item of clothing or other means of identification to indicate their membership of the group or gang, that distinctive item of clothing or other means of identification may provide reasonable grounds to stop and search a person.

55
Q

Before making an application for a search warrant under PACE 3.1 - what an officer ensure?

A

When information appears to justify an application, the officer must take reasonable steps to check the information is accurate, recent and not provided maliciously or
irresponsibly.

56
Q

PC Brennan: “Mr Crilly, you know the relevant offence of having money in your account is fraud. This comes with a maximum sentence of 50 years. If you don’t answer, we’ll be charging you”.

Has PC Brennan breached PACE 11.5?

A

Yes. No interviewer shall indicate what action will be taken by the police if the person being questioned answers questions, makes a statement or refuses to do either

57
Q

A detainee may not be interviewed about an offence after they have been charged with, or informed they may be prosecuted for it, unless what three conditions are met? ( Pace Code C 16.5)

A
  1. To prevent or minimise harm or loss to some other person, or the public
  2. To clear up an ambiguity in a previous answer
  3. in the interests of justice for the detainee to have put to them new evidence that has come to light since the charge.
58
Q

Stig Bubblecard was arrested at his home address on suspicion of burglary. It is alleged that he stole a number of digital cameras. The case against him is primarily based on fingerprint evidence found at the scene.

Stig was interviewed about the offence and was subsequently charged. He claims that the reason his fingerprints were found at the scene was because he visited the warehouse a few weeks before the burglary to see a friend who worked there. Stig has no good reason why he failed to mentioned this at his police interview.

Which of the following is correct?

A) An adverse inference may be drawn against Stig under s34 Criminal Justice and Public Order Act 1994.

B) An adverse inference may be drawn against Stig under s36 Criminal Justice and Public Order Act 1994

C) An adverse inference may be drawn against Stig under s37 Criminal Justice and Public Order Act 1994

D) No adverse inference may be drawn against Stig under s37 Criminal Justice and Public Order Act 1994

A

A) is correct. Stig was not found at the scene as he was arrested at home. Stig was not found with any mark on him.

Therefore only s34 applies.

59
Q

Connor, age 19, is on trial for GBH with intent contrary to s18 of the Offences Against the Person Act 1861. At trial, Conor gives evidence and claims that he acted in self-defence when attacked by the claimant. When interviewed under caution by the police, Conor chose a) to make a no comment interview and b) not to exercise his right to have a solicitor present.

Which of the following are CORRECT?

i) The jury must draw an adverse inference under s34 Criminal Justice and Public Order Act 1994 for the failure to mention his defence when questioned.
ii) The jury may draw an adverse inference under s34 Criminal Justice and Public Order Act 1994 for the failure to mention his defence when questioned.
iii) In assessing whether Connor could reasonably have been expected to mention his defence of self-defence at interview, the jury may take into account Connor’s age, experience, mental capactiy, health, sobriety, tiredness and personality.
iv) The jury are entitled to convict Connor on the basis of adverse inference alone.

Which of these:

[A] i and iii
[B] i, iii, and iv
[C] ii, and iii
[D] ii, iii, and iv

A

C is correct

60
Q

If the suspect’s identity is known to the police and they are available, if an identity parade is necessary- what identification procedure should be held? (PACE Code D 3.4)

A
  1. Video identification;
  2. Identification parade; or
  3. Group identification.
61
Q

What is the maximum time period that the police may hold a suspect for without any superindendant or Magistrate permission??

A

24 hours

62
Q

What is the maximum time period the police may hold a suspect for with the permission of the Superintendant?

A

36 hours for an indictable offence

63
Q

What is the maximum time period the police may hold a suspect for with the permission of the Magistrates?

A

72 hours. And then another 24 to 96 hours. But only for an indictable offence.

64
Q

When will a suspect be prevented from seeing a solicitor?

A
  1. If the offence is indictable AND
  2. The suspect has not been charged
  3. An officer of the rank of superintendant has reasonable grounds to believe that the exercise of the right would lead to interference with or harm to evidence connected with an indictable offence
65
Q

What are three rights that a suspect has in the police station?

A
  1. The right to see a solicitor
  2. The right to have someone informed
  3. The right to consult the PACE codes

Criminal Litigation (20 decks)

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