Police Powers and Preliminaries to Prosecution Flashcards
What is a Charge and Requisition (w/o having been arrested first)?
Whena public prosecutor issues S with a ‘written charge’ - charging S with the offence; and a ‘requisition’ requiring S to attend Mags at a certain time to answer the charge
Both written charge and requisition must be served:
1) at the same time
2) on both S & court named in the requisition
What’s content of a Written charge or information?
▪ (a) description of offence in ordinary language
▪ (b) reference to statutory provision (if any) creating the offence
▪ (b) sufficient particulars of D’s conduct to make clear what P alleges, incl. value of any damage/theft alleged where known + affects court’s powers
▪ An application for a summons must also (1) set out the allegation(s) made by the applicant; (2) if there is a time limit for prosecuting the offence(s), demonstrate that the application is made in time – must be specifically referred to
What is Laying an information?
Application to Mags for issue of summons (or AW) requiring S to attend before it & answer allegation
▪ How private prosecutions must be commenced
▪ Prosecutor may make written or oral application to court
▪ *Justices clerk (or assistant specifically authorised) may issue summons but not AW
What is the required content of a Requisition or (issued) summons?
▪ (1) set out when & where D must attend court
▪ (2) specify each offence in respect of which it is issued
▪ (3) summons – ID issuing court; requisition – ID person under whose authority it is issued
What are the Time limits for requisitions & Charge and Laying and information?
For both:
Summary only - 6 months
Either Way - no time limit (unless statutory limitation on time for taking proceedings on indictment)
Commencing proceedings? 5 ways
1) Arrest – Police Bail – Return to Police Station – Charge
2) Arrest - Police Bail – Service of written charge or requisition
3) Arrest – Charge
4) Information served on Court – Court issues summons or warrant
5) Service of written charge or requisition
PACE Codes - C10.1
Questions before caution
S must be cautioned before Qs made by PO about an offence put to them
What are the reasonable Grounds for suspicion?- S runs from PO; PO smells a substance and suspect to be illegal drugs
PACE Codes - C10.5 (cautions given during/before interviews)
Caution given during interview and arrest
When? On arrest, before S is charged/ informed they may be prosecuted, during and when recommencing interview. Restrictions on adverse inferences from silence may apply
PACE Code - C11.1(delaying arrest for questioning)
Delay arrest to Q’ing
Questioning falls under definition of an interview? This should take place at a police station with all relevant safeguards, incl access to legal advice
PACE Code - C11.1A (sufficient information)
Sufficient info
S must be under caution and solicitor must be informed
Solicitor must be given enough info about the charge and nature
o Must be given before start of interview to suspect + legal rep, to understand:
▪ (1) nature of suspected offence, and
▪ (2) why he is suspected of committing it
o PO not required to disclose details which might prejudice investigation
o Decision [of what to disclose] made by investigating officer, who must record what was disclosed + when
PACE Code - C11.4A (Significant statements)
Significant statements
Unsolicited/not - Questions w or w/o reply must be recoded and given to S to sign as correct
PACE Code - C11.5 (Actions taken by the Police)
Actions taken by the Police (if you say x you will get x deal)
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
PACE Codes - C11.6
Interview must cease once all relevant evidence and Questions are gathered
The PO must cease interview when:
- Relevant Qs have been put to S
- Other available evidence has been taken account
- There’s suff evidence for realistic prospect of conviction
PACE Codes - C11.13
Significant silents not recorded/ given to S to sign
Questions w/o reply must be recorded and given to S to sign as correct
PACE Code - C11.18 (Interviews of vulnerable Suspects)
Interviews of vulnerable S w/o appropriate adult
Can only take place with high-ranking officers and must not harm S mental or physical state.
S must appreciate the significance of Q&A; or because of effects of drink, drugs, illnesses, aliment or conditions
Not an interview
· Not an “interview” if Q for other purposes e.g.:
o (a) solely to establish ID/ownership of vehicle
o (b) obtain info in accordance w/ statutory requirement (e.g. drunk driving procedure)
o (c) in furtherance of proper & effective conduct of a search (although if Q’ing goes further, e.g. to establish intention to supply = caution necessary)
o (d) to seek verification of a written record of comments made by the person outside an interview
Definition of interview
questioning of a person regarding their involvement / suspected involvement in a criminal offence(s)
an interview MUST be carried out under caution [to be admissible as P evidence in court]
When may a PO delay arrest to Q suspect? (exception = where delay would be likely to)
1) lead to interference with / harm to evidence or other persons, or serious loss of/damage to property
2) lead to alerting of other suspects not yet arrested, or
3) hinder recovery of property obtained by committing offence
Once relevant risk has been averted, or necessary Qs have been put to avert the risk = interviewing must cease
o S can be interviewed via ‘live link’ by another officer not at the PS
When to give cautions?
▪ (1) Interview commencement; generally, any time before questions are put to any person about an offence, whom there are grounds to suspect of that offence — or further questions if the answers provide the grounds for suspicion — if either his answers / silence may be given in evidence
* ‘Grounds to suspect’ = some reasonable, objective grounds for the suspicion, based on known facts / information
▪ (2) Reminder at recommencement of interview after any break
▪ (3) Upon arrest
Special warning
o Must be given in addition to the caution where suspect asked to account for:
▪ (a) any object, mark or substance found on his person, clothing, possession, or place of arrest, or
▪ (b) his presence at place where arrested
Where a suspect interviewed after charge or in circumstances where has requested a solicitor but not permitted to consult with one?
Caution not required, but should be given
Are deviations from caution words allowed?
▪ Minor deviation from words permissible if “sense” preserved
▪ Interpreter – imperfect translation OK if essential features conveyed
▪ If suspect doesn’t seem to understand, explain in his own words
Caution for reasonable suspicion?
o Only need be given to those whom there are some reasonable, objective grounds to suspect, based on known facts / info
▪ Does not apply w/o reasonable suspicion, even though what A says may then be used in evidence against him
▪ Objective question & not based on subjective PO opinion
o Violation will not necessarily result in exclusion of interview evidence
