Preliminaries to prosecution Flashcards
What are police officers required to demonstrate for detention without charge?
Legal authority to exercise power
Power exercised lawfully
When might a person not be taken to police station straight away?
Presence at other place is necessary to carry out investigations eg
* Being searched
* Being taken to premises to be searched
* Being taken to a place to check their alibi
What happens at the police station?
- D sees custody officer
- informed of rights
- Non-intimate samples
- healthcare
- speak to solicitor
- Interview
What happens after police interview?
o Release under investigation/police bail
o Charged + released under bail, appear at MC later date
o Charged + remanded into custody, appear at MC next day
Who authorises detention of an arrested person?
Custody officer
What are the role/requirements of being a custody officer?
- Handling and welfare of suspects in detention
- At least sergeant
- Unrelated to investigation
When will a custody officer think there are grounds for detention but not sufficient evidence to charge?
- Secure/preserve evidence
- Obtain evidence by questioning
If there are grounds to detain, what does a custody officer do?
- Authorise detention
- Open custody record
- Inform D of reason for arrest and detention
- Advise D of rights
What are the additional duties of a custody officer?
- Risk assessment
- Special arrangements
- Interpreters
- D’s Property
- Contacting healthcare professionals
What will the custody record include?
Requirement to inform of reason
Circumstances of arrest
Why arrest necessary
Comments made by D
Where can a solicitor find details of everything that has happened to/said/done by the detainee?
Custody record
When do reviews of detention need to happen and who by?
At least inspector, unrelated to investigation, not CO.
First review - < 6 hours after authorised by CO, every 9 hours after
What is the time limit for detention?
24 hours from relevant time (usually arrives at station)
What does s42 PACE say about the limit for detention being extended?
- Authorisation before expiry, after second review
- Grounds explained to D and noted in custody record
- Suspect/solicitor allowed to make representations
What is the criteria for a detention extension?
- At least superintendent authorised
- Reasonable grounds it’s necessary for evidence/questioning
- Indictable offence
- Investigation conducted diligently and expeditiously
How can detention be extended beyong 36 hours?
Apply to magistrates court
36 hrs first application, 36 hrs second (96 hrs max)
* MC satisfied reasonable grounds for evidence/questioning
* Indictable
* Investigation conducted diligently and expeditiously
What rights must be stated during custody?
- Consult privately with solicitor/free independent legal advice available
- Someone informed of arrest
- Consult COP
- Appropriate adult/interpreter
When must a suspect be told of their right to a solicitor/free advice?
before:
* Commencement/recommencement of interview
* Being asked for intimate samples
* Intimate drug search
* Identification parade/Video ID procedure
How long can the right to consult a solicitor/have someone informed be delayed for?
36 hours max
What is the criteria for delaying the right to consult with solicitor?
Indictable offence
In writing, at least superintendent
Reasonable grounds exercising right will lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property
What is the criteria for delaying the right to inform someone?
Indictable offence
In writing, At least inspector
Reasonable grounds lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property
Who has the right to an appropriate adult?
Any minor or:
* Mentally disordered/vulnerable
* Officer told in good faith they are mentally disordered/vulnerable
Who can act as an appropriate adult for a minor?
- Parent/guardian
- Care authority/social worker
- Any 18+ not police
Who can act as an appropriate adult for a mentally disordered person?
- Parent/guardian
- Relative
- Experienced person
Who can’t act as an appropriate adult?
- Solicitor
- Suspect
- Victim/witness
- Involved in investigation
- Rec’d admissions
- Low IQ
- Estranged parent if objected
What is the role of an appropriate adult?
- Ensure D understands what and why
- Support/advise/ assistance
- Observe police/intervene
- Ensure D understands rights
- Can request solicitor
When can police delay the right to an appropriate adult?
delay would lead to:
* Interfering with evidence
* Interfering/harm to others
* Serious loss/damage to property
* Alerting other suspects not yet arrested
* Hindering recovery of property
When can police delay the right to an interpreter?
- Interfering with evidence
- Interfering/harm to others
- Serious loss/damage to property
All interviews must be carried out under what?
Caution
What should happen before interview?
- See CO who authorised continued detention
- Informed of rights
- Non-intimate samples
- Healthcare professional
- Speak to legal rep (if requested)
When can interviews take place outside of police station?
it would lead to:
* Interfering with evidence
* Interfering/harm to others
* Serious loss/damage to property
* Alerting other suspects not yet arrested
* Hindering recovery of property
When is there a right to disclosure?
- Significant statement and
- Custody record
What is the general rule for recording of interviews?
Contemporaneously recorded
When is someone unfit for interview?
Unable to:
* Appreciate significance of questions and answers
* Understand due to drink/drugs/illness/ailment/ condition
Superintendent can authorise though
What should a solicitor do before interview?
Obtain pre-interview disclosure
Private consultation
When should a solicitor consider intervening in an interview?
- Information/evidence not disclosed before interview
- Clarification on any matter required at any time
- Inappropriate questioning
- Inappropriate behaviour
- Further advice to client needed
- Break required
- Circumstances require
What are examples of inappropriate questioning?
- Misrepresentation of information
- Hypothetical questions
- Repetitive questioning
- Disruptive listening
When are confessions inadmissable?
Oppression that caused confession
Unreliability that caused confession
adverse effect on fairness of proceedings
When does someone not need to be cautioned to be interviewed?
a) Solely to establish identity or ownership of vehicle
b) To obtain information for statutory requirement e.g. name/address of driver
c) In furtherance of proper and effective conduct of a search
d) To seek verification of a written record of comments made by someone outside of an interview
What starts the clock for extending detention?
The time of arrival at police station
What starts the clock for reviews of detention?
The time detention was authorised
Who should a solicitor see regarding disclosure?
Investigating officer
When can the police charge without the CPS?
- Summary only offence (including criminal damage £5000 or less)
- Shoplifting (if suitable for Magistrates Court)
- Either way offence anticipated as a guilty plea and suitable for Magistrates Court
Is an intoxicated person treated as vulnerable?
No
Who is a vulnerable person?
because of mental condition:
- difficulty understanding/communicating implication of arrest/interview/rights
- doesnt understand significance of what they’re told/questions/replies
- prone to becoming confused/unreliable or incriminating info/accepting suggestions/readily agreeing
What are the options in police interview?
- Answer questions
- ‘Go no comment’ (refuse to answer)
- Provide a written statement and ‘go no comment’
When may adverse inferences be drawn?
- D later relis on fact not mentioned during questioning
- fails to explain object/substance/mark found during arrest
- fails to account for presence at place during alleged time of offence
When can an adverse inference not be drawn for relying on an unmentioned fact?
No caution
For the adverse inference of relying on an unmentioned fact, what must the fact be?
Reasonable to have been mentioned bearing in mind circumstances
What is the effect of an adverse inference for relying on an unmentioned fact?
- explanation fabricated
- ambush defence
- no reasonable explanation in interview
What must the police do if they find an object/substance/mark on the arrested person or want them to account for their presence at a particular place during the alleged time of the offence?
Ordinary language caution (special warning)
What are the safeguards for adverse inferences?
- cant convict solely on adverse inference
- cant draw adverse inference where no access to legal advice
What can the police do for visual identification where the suspect ID is not known?
Take witness to place/neighbourhood or
Show photos
When should a visual identification procedure be used?
- eyewitness who identified/able to identify and
- suspect denies being that person
When will a visual identification procedure not be used?
not practical/no useful purpose
What are the types of visual identification procedure?
- video ID
- ID parade
- Group ID
Is consent to visual identification procedures mandatory?
no but refusal may be used as evidence and could lead to covert procedures
What happens where a suspect has unusual features during video ID?
They are concealed or replicated in the lineup
Will the solicitor be able to supervise a video ID procedure?
Yes at investigating officer’s discretion
Can eyewitnesses communicate during video ID?
no
What can a witness request during an ID parade?
Specific actions
Who can a suspect have present during an ID parade?
solicitor, friend, appropriate adult/interpreter
How can group ID take place?
With suspect’s consent or
Covertly without consent
Will breach of Code D mean that the visual identification is excluded?
Only is accused suffered significant prejudice
When can the police make a charging decision?
summary only offence
Shoplifting
Either way offence anticipated guilty plea and suitable for sentence at magistrates court
What is the only time limit for bringing criminal proceedings?
summary only - within 6 months of alleged offence
