Preliminaries to Prosecution

Question 1

The Caution

Answer 1

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be given in evidence.”

Question 2

The caution MUST be given where

Answer 2

1. There are “reasonable and objective” grounds to suspect someone,
2. Before questioning
3. If either the suspects answers or silence may be given in evidence
4. On arrest unless impqactiable due to the suspects condition or already cautioned.

Question 3

The content of a special warning

Answer 3

1. What offence is being investigated,
2. What fact D is being asked to account for
3. That this fact may be due to him taking part in the commission of the offence,
4. That a court may draw a proper inference if D fails or refuses to account for this fact
5. That a record is being made of this interview and it may be given in evidence if D is brought to trial.

Question 4

Requirements during interviews

Answer 4

1. Must be carried out under caution
2. Inform D of the nature of the allegations
3. Occur at a police station unless delay would lead to:

(a) inference with evidence
(b) harm to person
(c) alerting suspects, or
(d) hindering the recovery of property.

Question 5

The right to a solicitor can be delayed for 36 hours, if…

Answer 5

Authorised by a superintendent to:

(a) prevent interference with evidence, harm to person, alerting suspect, or hindering the recovery of property.
(b) would cause unreasonable delay
(c) D has refused the duty solicitor.

Question 6

Formal identification procedures should be followed if

Answer 6

They would be practicable and would serve a useful purpose.

Question 7

To conduct a search, the police must have

Answer 7

1. Reasonable grounds
2. Be in uniform
3. Carry out the search at or near the place where the person/vehicle was stopped
4. Not remove the suspect’s clothes in public (other than outer clothes).

Question 8

A constable can arrest without warrant anyone for whom there are…

Answer 8

1. Reasonable grounds to suspect is, has, or is about to commit a definite or suspected offence.
2. It is necessary to

(a) obtain the name or address of the person,
(b) stop the suspect of doing anything else unlawful
(c) protect someone
(d) allow investigation of the case
(e) prevent the suspect getting away.

Question 9

A civilian can arrest someone only if

Answer 9

1. that person has or is in the act of committing an offence,
2. The offence is indictable only
3. A constable cannot do it instead, and
4. Arrest is necessary to prevent:

(a) causing physical injury,
(b) suffering physical injury,
(c) causing loss or damage to property, or
(d) getting away.

Question 10

The test for detention for questioning

Answer 10

The custody sergeant has reasonable grounds for believing his detention without charge is necessary to (a) secure/preserve evidence relating to the offence, or (b) obtain such evidence through questioning.

Question 11

After 24 hours detention, the additional requirements for detention are…

Answer 11

1. The arrest is for an indictable offence,
2. a superintendent has reasonable grounds for believing the investigation is being conducted diligently and expeditiously.

Question 12

Where the suspect is known and available

Answer 12

1. Video ID + 8 others
2. ID parage + 8 others
3. Group ID
4. Confrontation

Question 13

Suspect is known but not available

Answer 13

Video ID

Question 14

Suspect is not known…

Answer 14

1. Street ID

2. Look through existing photographs.