Preliminaries to Prosecution Flashcards
What do police powers of investigation include?
Arrest, detention, interrogation, entry and search of premises and taking samples and various identification procedures.
What are police powers governed by?
PACE 1984
Can failure to adhere to codes of conduct render the officer liable to criminal or civil proceedings?
No!
Are codes admissible in either proceeding?
Yes, if relevant
What codes of practice govern interviews?
C, paragraph 11 and 12
What does code C Para11.A set out about interviews?
the procedure which must be followed when an arrested person is being interviewed.
When would a caution not be necessary?
- to establish identity or ownership of the vehicle
- obtain info in accordance with the statutory requirement
- conduct a search
- seek verification of written record made by a person outside of an interview.
These do not amount to an interview.
What exception is there to the location of the interview?
harm or interference with evidence
hindering recovering evidence
What is a significant statement?
The person interviewed must be given sufficient info to make it possible to understand the nature of the suspected offence.
What must an officer remind the suspect about legal advice?
entitlement to free legal advice
When should an interview be ceased?
when the person has not been charged or informed that he may be prosecuted
Also, when an officer is satisfied with questioning
What special categories are there when interviewing?
Child, young person & mentally disordered or vulnerable people must not be interviewed or sign WS with an AA.
what Code talks about interviewing intoxicated people
11.18 and it precludes interviewing
What are the procedures for recording an interview?
indictable offence- audio recording
For minors, interviews can be written.
What codes of conduct deals with arrest?
Code C
