Preliminaries to Prosecution Flashcards
What is the purpose of PACE 1984?
governs police powers of investigation, arrest, detention, interrogation, entry and search of premises and people, taking of samples and various identification procedures.
PACE 1984, s. 67(10)?
Failure by a police officer (or similar) to comply with PACE does not automatically render them liable.
PACE 1984, s. 67(11)?
PACE codes are admissible in evidence for criminal and civil proceedings.
Where can you find the definition of “interview”?
PACE Code C, para. 11.1A.
What is an interview?
The ‘questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which, under para. 10.1, must be carried out under caution.
PACE Code C para 10.1?
A suspect ‘must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if either the suspect’s answers or their silence may be given in evidence to a court in a prosecution’.
What are the 4 circumstances in which a caution is not necessary before questioning a suspect?
identifying a vehicle, obtaining information in accordance with statute, in furtherance of a proper and effective search, or to seek verification of a written record.
What cannot amount to an interview?
Questioning of a person in circumstances where a caution does not have to be administered.
What is important to note about police cautions?
Cautions must be given to suspects being questioned about another offence to the one they have been arrested for if they are a suspect.
Where can you find the general rules for the conduct of interviews?
Code C section 11
Code C para. 11.1
Following arrest, a suspect must be interviewed at a police station or other authorised place of detention.
What is meant by decision to arrest?
If an officer has decided to arrest someone, the arrest should not be delayed to question the suspect first.
What are the 3 exceptions to the requirement of interviews being conducted at the station?
Where the delay could lead to harm of others or property or evidence, where it could allow tip offs, where it could hinder recovery of property.
In exceptional circumstances for how long may interviews that are outside a station last?
The interview must cease as soon as the relevant risk has been averted.
PACE 1984, s. 39 as amended PCA 2017, s. 75?
suspects in detention can be interviewed by live link to officers not at the station. This remains within code.
When must a caution be issued?
A caution must be given at arrest, commencement and recommencement of any interview, and where there is any expression of doubt of understanding.
Code C, para. 10.7?
Minor deviation from the words of the police caution (10.5) is okay so long as the sense of the caution is preserved.
How is a person suspected of an offence defined?
a person is a suspect if there is some reasonable objective grounds for the suspicion based on known facts or information.
What must a suspect be provided for at interview?
A suspect and their solicitor must be given information to sufficiently understand the nature of the suspected offence.
(Code C para 11.1A)
Williams (Michael) [2012]?
Whether there are sufficient grounds for a caution to be administered is an objective question not based on the police officer’s opinion.
What are the 2 circumstances in which a suspect must be given a special warning following arrest?
A suspect should get a special warning if asked to account for any object mark or substance on them or at the scene, and when asked to account for their presence at the scene.
What must the interviewing officer always remind the suspect?
Upon commencement and recommencement the IO must remind the suspect that they are entitled to free legal advice and that the interview can be delayed to obtain some.
Code C para 11.4?
At the beginning of an interview the IO must, after caution, put any significant statement or silence heard by police staff to the suspect.
Define ‘significant statement’
A significant statement is one which appears to be capable of being used in evidence and in particular a direct admission of guilt.