Preliminaries to Prosecution Flashcards
1
Q
What’s the main law that gives police their powers
A
including arrest?
2
Q
What do the PACE Codes of Practice do?
A
They give police guidance on how to use their powers properly and protect people’s rights.
3
Q
If the police break the PACE Codes
A
does that mean any evidence they found is automatically thrown out of court?”
4
Q
To make a lawful arrest
A
what two things do the police need?”
5
Q
What do police often need to have before they can use their powers?”
A
‘Reasonable grounds’ - they need a good reason to believe something.
6
Q
What does ‘reasonable grounds’ mean?”
A
The police officer must genuinely suspect something (subjective), AND a reasonable person with the same information would also suspect it (objective).
7
Q
What’s the mnemonic to remember the important things about police powers?”
A
PACE (Power, Authority, Criteria, Exercise).
8
Q
What’s the general purpose of an arrest?”
A
Usually to help the police investigate a crime.
9
Q
What’s the most important power that lets police arrest someone WITHOUT a warrant (a court order)?”
A
Section 24 of PACE.
10
Q
What TWO things do the police need to arrest someone without a warrant under Section 24?”
A
- A ‘ground’ for the arrest (like they’re committing a crime). 2. A ‘reason’ why it’s NECESSARY to arrest them.
11
Q
Give some examples of ‘grounds’ for arresting someone without a warrant.”
A
If they are committing a crime, are about to commit a crime, or the police have a good reason to think they are or will.
12
Q
Give some examples of ‘reasons’ why an arrest might be ‘necessary’.”
A
To find out their name or address, to stop them from hurting someone or damaging things, to investigate the crime properly, or to stop them from running away.
13
Q
What’s the rule about telling someone they’re under arrest?”
A
The police MUST tell the person they are under arrest AND why they are being arrested, either right when it happens or as soon as possible.
14
Q
What’s the ‘caution’ the police should give you after arresting you?”
A
‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’
15
Q
Do the police HAVE to give you the caution for the arrest to be legal?”
A
No, but not giving it is against the rules and could cause problems for the prosecution later.
16
Q
What should the police officer do after making an arrest?”
A
Write down the details of the arrest in their notebook, including why they arrested the person and what the person said.
17
Q
Are the police allowed to use force when arresting someone?”
A
Yes, but only ‘reasonable force’ if it’s necessary.
18
Q
What’s ‘reasonable force’?”
A
The amount of force that is needed in the situation. Too much force is not allowed.
19
Q
Does using too much force make the arrest itself illegal?”
A
No, but the officer could get in trouble for using too much force.
20
Q
What’s an arrest ‘with a warrant’?”
A
It’s when a court gives the police a written order to arrest someone.
21
Q
When might a court issue an arrest warrant?”
A
If they think someone has committed a serious crime, or if someone doesn’t show up to court when they’re supposed to.
22
Q
After being arrested
A
where is someone usually taken?
23
Q
Are there any exceptions to going straight to the police station?
A
Yes, if the police need to do something important right away, like search a place or check if their story is true.
24
Q
If the police think they’ll need to hold someone for more than 6 hours
A
where do they have to take them?
25
What's 'street bail'?
It's when the police let someone go after arresting them, but they have to come to the police station later.
26
When someone gets to the police station
what happens?
27
Who is the 'custody officer'?
A police officer (at least a sergeant) in charge of looking after people who are held at the police station.
28
What does the custody officer do?
Decides if there's enough reason to keep the person, makes sure they're treated right, and keeps records.
29
What's the 'custody record'?
A written record of everything that happens to the person while they're at the police station.
30
Why is the custody record important?
It's a way to make sure the police are following the rules and that the person's rights are protected.
31
Can a lawyer see the custody record?
Yes, they have the right to see it.
32
While someone is held
does anyone check if they still need to be kept there?
33
How often are these 'reviews of detention'?
The first one is within 6 hours, and then every 9 hours after that.
34
What's the usual maximum time someone can be held at the police station without being charged?
24 hours.
35
Can the police EVER hold someone for longer than 24 hours?
Yes, but only if a senior officer agrees, and it can only be for up to 36 hours total.
36
What if the police want to hold someone for even LONGER than 36 hours?
They have to ask a court for permission, and the maximum time is 96 hours.
37
What are the important time limits to remember for being held at a police station?"
24 hours, 36 hours, and 96 hours.
38
What are the first three rights a detained person must be told about?
1. The right to speak privately to a solicitor (lawyer) for free legal advice. 2. The right to have someone told they've been arrested. 3. The right to see the Police Codes of Practice.
39
When MUST a detained person be told again about their right to free legal advice?"
Right before any police interview starts again, before giving a private body sample, before a private drug search, and before an ID parade.
40
Can the police stop a suspect from speaking to a solicitor?"
Yes, but only in very specific situations for a limited time (max 36 hours) and a senior officer (Superintendent or above) has to agree in writing.
41
What are the reasons a senior officer might delay a suspect's right to a solicitor?"
If they believe speaking to a solicitor will lead to: harm to evidence, harm to others, other suspects being warned, or hindering the recovery of stolen goods.
42
Can the police stop a suspect from having someone told about their arrest?"
Yes, similar to the solicitor right, but an Inspector (one rank lower than Superintendent) can authorise the delay in writing, and it's often easier to justify initially (e.g., to search a property without warning).
43
What's the maximum time the right to have someone informed of their arrest can be delayed?"
36 hours.
44
Who has the right to an 'appropriate adult' at the police station?"
Anyone under 18, and anyone the police think might have a mental health issue or be vulnerable.
45
Who can be an 'appropriate adult' for someone under 18?"
Usually a parent, guardian, social worker, or another responsible adult (over 18 and not connected to the police).
46
What's the main job of an 'appropriate adult'?"
To make sure the young or vulnerable person understands what's happening, to support them, and to check if the police are acting fairly.
47
Can the police interview a young or vulnerable person without an appropriate adult?"
Usually NOT, unless waiting would likely lead to harm to evidence or people, or serious damage to property.
48
When does a detained person have the right to an interpreter?"
If they don't understand English well enough.
49
Can the police interview someone who needs an interpreter without one?"
Only if a very senior officer (Superintendent or above) agrees because waiting would cause immediate harm to evidence, people, or property.
50
What are some of the basic things the police must provide for suspects held at the station?"
A clean, heated cell (usually alone), bedding, toilet and washing, replacement clothes if theirs are taken, and regular meals.
51
What's the official definition of a police interview?
It's when the police ask someone questions about a crime they might have done.
52
What's the "caution" police MUST give before asking questions about a crime?
'You don't have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'
53
Are there times when the police DON'T need to give a caution before asking questions?
YES! If they're just asking for your name, or who owns a car, or if they're doing a search, or checking something you've already said.
54
Where should the police usually interview someone they've arrested?
At a police station or another officially allowed place.
55
Are there exceptions to interviewing at the police station?
Yes, if waiting would cause harm to evidence, people, or property, or warn other suspects.
56
What information MUST police give the person (and their lawyer
if they have one) BEFORE the interview starts?
57
What's a "significant statement" that police must tell the person at the start of the interview (after the caution)?
Anything the person has already said that could be used as evidence against them, especially if it sounds like they're admitting to the crime.
58
Should a police officer tell the person what will happen if they answer or don't answer questions?
NO! Unless the person asks a direct question.
59
How should police record interviews?"
They MUST record them while they're happening.
60
For what types of crimes MUST the police audio record the interview?"
For more serious crimes.
61
Are there exceptions to recording the interview?
Yes, for less serious crimes, if the person wasn't arrested, and if it's happening somewhere other than a police station, it can be written down instead.
62
Can the police interview someone who's drunk or doesn't understand what's happening?
Usually NO, unless a senior officer says it's okay.
63
What are the key rules for police interviews?"
They must give a caution, they should usually happen at a police station, and the person should know what they're accused of.
64
What might happen if the police don't follow these rules?"
The court might decide that the interview wasn't done properly and might not allow the evidence from it to be used.
65
What's the main job of a solicitor (lawyer) at the police station?
To protect and help their client's legal rights.
66
What does 'active defence' mean for a solicitor at the police station?"
It means they should try to get as much info as possible, give their client full advice, and help them with things like giving samples or dealing with detention.
67
Is a solicitor's role at the police station passive (just sitting and watching)?"
NO! They need to be active in helping their client.
68
What are some practical things a solicitor should do for 'active defence'?"
Know the police rules (PACE Codes), take notes, and speak to the custody officer if the police aren't following the rules.
69
Should a solicitor rush when giving advice to their client?"
NO! They should take as much time as needed.
70
Why is it important for a solicitor to take detailed notes at the police station?"
Because they might have to give evidence in court later about what happened.
71
Who is generally NOT considered a 'vulnerable' client just because of this?"
Someone who is drunk or on drugs.
72
What does 'vulnerable' mean in the context of someone at the police station?"
It means someone might have trouble understanding or communicating properly about what's happening because of a mental health issue or learning disability.
73
What should the police do if they think someone might be vulnerable?"
They should treat them as vulnerable and get an 'appropriate adult' to help them.
74
What's the role of an 'appropriate adult'?"
To make sure the vulnerable person understands things, to support them, and to check if the police are being fair.
75
Can a solicitor also be the 'appropriate adult' for their client?"
NO!
76
What are some things a solicitor should do when representing a vulnerable client?"
Explain things slowly and clearly, take breaks during interviews, and make sure the police are using appropriate language.
77
Where should a lawyer have their chat with their client at the police station?"
In private, and everything they talk about is confidential.
78
Can a lawyer take instructions from just anyone who says they know the client?"
NO! They need to be sure the person giving instructions has the right to do so for the client.
79
What are some of the things a lawyer should do when they first meet their client at the police station?"
Be supportive, explain their role, see if the client is okay to be interviewed, explain the law, and talk about the choices for the interview.
80
What are the three main choices a client has in a police interview?"
1. Answer questions. 2. Don't answer questions ('go no comment'). 3. Give a written statement and then 'go no comment'.
81
Is it okay for a client to answer some questions but not others in a police interview ('mixed interview')?"
NO! Lawyers usually strongly advise against this because it can look bad in court.
82
What's an 'adverse inference'?"
It's when the court or jury makes a negative guess about someone because they didn't say something earlier.
83
What's the point of giving a prepared written statement in an interview?"
Sometimes it's used to try and explain their side of things without having to answer lots of questions, and maybe avoid some later 'adverse inferences'.
84
Should a lawyer always advise their client to give a prepared statement?"
Not necessarily, because it's hard to include everything, and the client will still have to say 'no comment' to questions.
85
What are some important things a lawyer should think about when advising their client on whether to answer questions?"
How much information the police have shared, how strong the evidence seems, what the client has told them, how the client is feeling, if the client has already said anything important to the police, and the risk of 'adverse inferences' if they stay silent.
86
If the police haven't given the lawyer much information about the case
is that a good reason to advise the client to stay silent?"
87
If a client has a good legal defence (like self-defence)
should they usually share it in the police interview?"
88
What if a client is not feeling well
seems confused
89
What's a 'significant statement' the police will ask the client about at the start of the interview?"
It's anything the client has already said to the police that could suggest they are guilty.
90
What are sections 34
36
91
Do people HAVE to answer police questions when they're interviewed?"
Nope! Everyone has the right to stay silent.
92
BUT
if someone stays silent in a police interview
93
What's an 'adverse inference' in simple terms?"
It's like the court making a negative guess about someone because they didn't say something earlier.
94
What are the three main laws that let the court draw these negative guesses?"
Section 34, Section 36, and Section 37 of the Criminal Justice and Public Order Act 1994.
95
What's Section 34 about?"
If the person tells the court something new at the trial that they could have easily mentioned in the police interview, the court might think they're making it up.
96
What's important for Section 34 to apply?"
The police MUST have given the person the standard caution (the one about it harming their defence if they don't mention something).
97
What does Section 36 say?"
If the police find a mark, object, or substance on the person when they arrest them, and the person doesn't explain it in the interview, the court might think it links them to the crime.
98
What does Section 37 say?"
If the police arrest someone at a certain place, and they don't explain why they were there in the interview, the court might think they were involved in the crime.
99
What's different about Sections 36 and 37 compared to Section 34?"
For 36 and 37, the police have to give a 'special warning' in simple language, telling the person what they need to explain and that the court might guess bad things if they don't.
100
Is there a rule that says someone can be found guilty *just* because they stayed silent?"
YES! Section 38 says someone can't be convicted ONLY based on an adverse inference. There needs to be other evidence too.
101
Can the court draw negative guesses if the police didn't let the person speak to a lawyer?"
NO! If the police stopped them from getting legal advice, no adverse inferences can be made.
102
If the case doesn't go to trial
do these rules about negative guesses even matter?"
103
So
what's the main thing to remember about staying silent in a police interview?"
104
What's a common way the prosecution tries to prove someone committed a crime if they don't have DNA or fingerprints?"
Through someone who saw the crime (an eye-witness) pointing them out.
105
Is just a description of clothing or a car enough to be visual identification evidence?"
Nope! It has to be about seeing the person.
106
Why do the police have special rules for when an eye-witness tries to identify someone?"
Because people can make mistakes when remembering faces, even if they're trying to be honest.
107
What's the special set of police rules (Code of Practice) for identification?"
PACE Code D.
108
When MUST the police hold a special identification procedure?"
If an eye-witness has already identified someone, says they can identify someone, or has a good chance of identifying someone, AND the suspect says it wasn't them.
109
What are the main types of formal identification procedures the police can use?"
Video identification, identification parade (line-up), group identification.
110
What happens if the police don't know who the suspect is?"
They can show the eye-witness photos.
111
Who is in charge of making sure these identification procedures are done right?"
A police officer who is at least an Inspector and isn't involved in the case.
112
What's the FIRST type of identification procedure the police should usually ask the suspect to do?"
Video identification (showing moving pictures).
113
What happens if the suspect says NO to doing an identification procedure?"
The police can still try other ways, maybe even secretly.
114
Before any identification procedure
what must the police tell the suspect?"
115
In a video identification
how many other people should look similar to the suspect?"
116
In an identification parade (line-up)
how many other people should look similar to the suspect?"
117
Can the eye-witnesses talk to each other before or after they try to identify someone?"
NO!
118
What happens if the police don't follow the rules in Code D when doing an identification?"
The suspect's lawyer can ask the court to not allow the identification evidence to be used in court.
119
Will the court ALWAYS throw out the identification evidence if the police broke the rules?"
Not always. The judge will decide if it was unfair to the suspect.
120
Even if the judge lets the identification evidence be used
what can the suspect's lawyer still do?"
121
Can everyone get free legal advice at the police station?"
YES! It doesn't matter how much money they have.
122
How do people usually get this free police station advice?"
By calling the Defence Solicitor Call Centre (DSCC).
123
Is this free advice always face-to-face?"
Not for less serious crimes where you can't go to prison - it's usually just over the phone.
124
Who can give this free legal advice at the police station?"
Lawyers or people who are officially allowed to (like trainees or paralegals who are accredited).
125
What happens if someone is charged with a crime and needs help paying for a lawyer in court?"
They can apply for 'public funding' (legal aid) to get a 'representation order'.
126
What TWO main things does someone have to pass to get public funding for their defence in court?"
1. A 'means test' (about their money). 2. A 'merits test' (if it's in the 'interests of justice' for them to have a lawyer).
127
Who automatically passes the 'means test' (doesn't have to show their income)?"
People under 18 and people getting certain benefits like Universal Credit.
128
How does the 'means test' work in the *magistrates'* court (for less serious cases)?"
They look at their income and who lives with them. If they earn below a certain amount, they get funding. If they earn above another amount, they don't. If they're in between, they have to give more details about their money.
129
How does the 'means test' work in the *Crown* Court (for more serious cases)?"
They look at their income AND things they own (like houses). They might have to pay some or all of their legal costs if they have enough money.
130
What's the 'merits test' about?"
It's about whether it's fair and important for the person to have a lawyer help them in court.
131
Who automatically passes the 'merits test'?"
People charged with very serious crimes that can only be tried in the Crown Court, or if their case ends up in the Crown Court.
132
What are some of the reasons why it might be in the 'interests of justice' for someone to have a lawyer?"
If they could go to prison, if they could lose their job, if it could really damage their reputation, if the law is complicated, or if they can't understand what's going on in court.
133
If someone doesn't get public funding
what can they do?"
134
Is there any help for people who don't get public funding but are facing prison?"
Yes, they might be able to talk to the 'duty solicitor' for free, but usually only for their first court hearing.
135
Who usually decides if someone should be charged with a crime?"
A Crown Prosecutor (a lawyer who works for the government).
136
Who decides if someone should be charged with some less serious crimes (like some traffic offenses)?"
The police (specifically the custody officer at the police station).
137
What's the most common way that criminal proceedings start?"
Someone gets arrested and then charged.
138
What's another way to start criminal proceedings where the person isn't arrested first?"
The court sends them a written charge and a 'requisition' telling them when to come to court.
139
Who can use this written charge and requisition method?"
Usually government prosecutors, like the Crown Prosecution Service.
140
What's another way to start proceedings
often used for private cases?"
141
What needs to be in a written charge or information?"
A clear description of the crime, the law that says it's a crime, and enough details so the person knows what they're accused of.
142
Is there a time limit for how long after a crime the police have to charge someone?"
Usually not, BUT for very minor ('summary only') offenses, they generally have to start things within 6 months.
143
What if there's a question about whether the charge was brought within the time limit?"
It's up to the prosecution to prove to the court that they started things on time.
