Police + CPS

Question 1

Criminal Justice Act 2003

Answer 1

searches for articles intended to cause criminal damage - graffiti

Question 2

Misuse of Drugs Act 1971

Answer 2

power to stop and search for controlled drugs

Question 3

S60 Criminal Justice and Public Order Act 1994

Answer 3

stop and search in anticipation of serious violence or reasonable belief that persons are carrying offensive weapons

Question 4

S43 and S47A Terrorism Act 2000

Answer 4

• stop and search when there is reasonable belief of involvement of terrorism
• ask suspect to remove headwear or shoes
• may interfere with religious customs

Question 5

ARREST
With warrant…

Answer 5

under S1 Magistrates Court Act 1980
- person has, or is suspected to have, committed an offence

Question 6

ARREST
without warrant…

Answer 6

procedure followed
- give caution
- ‘you do not have to say anything’
- right to remain silent

Question 7

ARREST
arrestable offences

Answer 7

• Police and Criminal Evidence Act 1984
  -PACE

Question 8

DETENTION
24 hours after arrival…

Answer 8

• without being charged
• CJS extends this to 36 hours for serious offences

Question 9

DETENTION
detention without charge…

Answer 9

• up to 96 hours possible with a warrant from a magistrate

Question 10

DETENTION
terrorist offence

Answer 10

14 days

Question 11

DETENTION
right to have someone informed

Answer 11

s56 and Code C

Question 12

QUESTIONING
right to?

Answer 12

• legal advice
• s58 and Code C
• Duty Solicitor Scheme

Question 13

QUESTIONING
defendant reminded of their rights

Answer 13

• right to remain silent
• right to fair treatment

Question 14

QUESTIONING
what offences should be tape-recorded

Answer 14

non-summary

Question 15

QUESTIONING
the defendant should not be?

Answer 15

under the influence and confession should be voluntary