Preliminaries to prosecution Flashcards
What gives authority to the PACE Codes of Practice?
s. 66 and 67
What does a breach of PACE Codes mean?
Does not make Officer liable to prosecution, however, it will be admissible in applications to exclude evidence
What is the definition of an interview?
Code C - 11.1A: ‘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’
What questions don’t require a caution?
(a) Solely to establish identity or ownership of a vehicle
(b) To obtain information in accordance with a statutory requirement
(c) in furtherance of the proper and effective conduct of a search, although if questioning goes further (e.g to determine if drugs were intended to be supplied to another, caution required)
(d) To seek verification of a written record of comments made by the person outside an interview
What are the exceptions to the requirement to interview at a police station?
where the delay would:
(a) lead to interference with or harm to evidence connected with an offence, interference with or physical harm to other persons, or serious loss of, or damage to property
(b) lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it
(c) hinder the recovery of property obtained in consequence of the commission of an offence
When should a caution be given?
- On arrest
- Before an interview (whether at a police station or not)
- At recommencement of interview after a break
(minor deviations from caution are permitted + if it appears suspect doesn’t understand it should be explained to them in his own words)
Pre-interview considerations:
- Before commencement/ recommencement the suspect must be reminded of their right t free legal advice
- Must be given sufficient information to understand the nature of the suspected offence and why the person is suspected of committing it
- Must put to him any significant statement or silence which occurred in the presence/ hearing of police officer or police staff
A person must be told of his right to free legal advice:
- Where he is brought to the station under arrest
- Immediately before the beginning or recommencement of any interview
- Before a review of detention is conducted or extension decisions are made
- Before being charged or informed that they may be prosecuted
- Where a Police Officer wishes to bring attention to any statement or content of the interview
- Before being asked to provide an intimate sample
- Before an intimate drug search is conducted
- Before an ID parade is conducted
Who CANNOT be an appropriate adult?
- Police Officer or staff
- A solicitor attending a police station on suspect’s behalf
- A person should not be an appropriate adult if:
(a) They are suspected of involvement in the suspected offence
(b) is the victim or a witness
(c) is involved in the investigation
(d) has received admission from the suspect before acting as the appropriate adult
Detention time limits:
Normal max without charge: 24 hours from the relevant time
If arrested for an indictable offence, may be extended by an officer of the rank of superintended or above to a max of: 36 hours from the relevant time
and for a total, if authorised by mags: 96 hours
The Relevant Time:
Time that an arrested person arrives at the first police station or 24 hours after arrest, whichever is the earlier
Different way first appearance before the magistrates’ court can be secured:
(a) Accused may have been arrested and charged by police
(b) Accused may have been arrested and then on bail and then served a written charge and requisition
(c) Arrested, granted bail and required to re-attend
(d) Accused may be served with a written charge and requisition without being arrested
(e) Application to mags for the issue of a summons requiring accused to attend before it
Time-limit for starting proceedings for summary offences:
Summary: cannot try unless an application for a summons was served on mags court within 6 months of the time when the offence was allegedly committed
