Preliminaries to prosecution

Question 1

Give a list of people who are immune from prosecution?

Answer 1

• The queen
• Heads of state, their families and personal servants
• Diplomatic agents, their staff and families

Question 2

Who is the head of the Crown Prosectuion?

Answer 2

Director of Public Prosecutions

Question 3

What is the main duty of the CPS?

Answer 3

To conduct all criminal proceedings commenced by the police. This includes the power to discontinues proceedings proceedings or to change or amend any charges originally preferred.

Question 4

What does PACE Code A cover?

Answer 4

Code of Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search

Question 5

What does PACE Code B cover?

Answer 5

Code of Practice for the Searching of Premises by Police Officers and the Seizure of Property found by Police Officers on person or premises

Question 6

What does PACE Code C cover?

Answer 6

Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers

Question 7

What does PACE Code D cover?

Answer 7

Code of Practice for the Identification of Persons by a Police Officer

Question 8

What does PACE Code E cover?

Answer 8

Code of Practice on Audio Recording of suspects interviewed in Police Stations

Question 9

What does PACE Code F cover?

Answer 9

Code of Practice for the Visual Recording of Suspects Interviewed

Question 10

What does PACE Code G cover?

Answer 10

Code of Practice for the Statutory Power of Arrest by Police Officers

Question 11

What does PACE Code H cover?

Answer 11

Code of Practice in connection with detention, treatment, and questioning of suspects related to terrorism in police custody by police officers.

Question 12

Who do the codes of practice apply to?

Answer 12

Police officers and persons other than police officers who are charged with the duty of investigating offences or charging offenders. Includes local authority officials, post office investigators, officers of the serious Fraud Office, customs officers and store detectives.

Question 13

The term arrest is not defined in statute. How would you describe it?

Answer 13

The beginning of imprisonment. Restraint on the liberty of the person within the law.

Question 14

For an arrest, there is an obligation to make it plain to the suspect that he is no longer a free man. What two other things must be present?

Answer 14

• a power of arrest; and

- a properly carried out arrest.

Question 15

For a police officer to arrest somebody what two elements must there be?

Answer 15

a) . actual, suspected or attempted involvement in a criminal offence by a person; and
b) . reasonable grounds for believing that the arrest is necessary