Prelims To Prosecution Flashcards
What is consequence of police failure to comply with codes of practice
Not liable for crim/civ proceedings but still admissible as evidence in court where relevant
Define interview
Questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences - must be carried out under caution - can be carried out without arrest
when might caution not be necessary
establish ID or ownership of vehicle
Obtain statutory required info
Further proper and effective conduct of a search
Verify written record of comments outside an interview
Where should an interview be held and what are the exceptions
Police station or other authorised place
Interference with evidence/persons/property
Alert other persons suspected
Hinder recovery of property
To cease when relevant risk ceases
When should caution be given - rule on interpreters
At arrest, commencement/re commencement of interview
Imperfect interpretation does not render invalid so long as essential features communciated
- wording of caution
You do not have to say anything, anything you do say may be given in evidence
Caution is to be given to a person of whom there are grounds to suspect of an offence - practical application of this
If not reasonably suspected does not need caution - if becomes so during interview, then must give caution
Rules about disclosure
Suspect and sol must be given sufficient info to make it possible to understand the nature of the suspected offence and why person is suspected
When is a special warning needed
Where interviewed and asked to account for things in their possession/reason for being in a location
When should a suspect be reminded of right to free legal advice
Prior to commencement/re commencement of interview - unless lawfully delayed
Rule on significant statements - those capable of being used in evidence /direct admissions of guilt
At beginning of interview suspect must have any significant statement/silence made in presence of police officer put to them.
Conduct of the interview - guidelines
Should not actively mislead the suspect
Approach hypotheticals with care
Aware of bullying/oppressive behaviour
when generally should interview cease?
when sufficient evidence has been gathered to provide realistic prospect of conviction - subject to breaks and time limits
How should interviews be recorded?
contemporaneously - if by tape or notes - any notes outside of interview suspect should have opportunity to address
Who requires an appropriate adult and what for ?
child/young person, mentally disordered or vulnerable person
child shout not be interviewed at school without permission of head
when can use of interpreter be excused?
when officer of Superintendent or above authorises satsified that delay causes significant issue as per Code C and would not harm suspect
suspects cannot be interviewed under the inlfuence of…
drugs, alcohol , illness
what is reasonable suspicion?
existence of facts - genuine suspicion on behalf of officer and objective suspicion and be wednesbury reasonable
how do the court determine whether force is reasonable?
all circs - nature and degree of force, gravity of offence, harm that would flow from use of force, possibility of effecting arrest by other means
force resulting in injury does not make it unreasonable alone
when should handcuffs be used?
where reasonably necessary to prevent escape or violent breach of the peace
applies to prisoners in court
what constitutes ‘arrest’
not specific but some deprivation of liberty (more than just restricting movement) consider intent of officer and actual result
when might arrest be unlawful
where arresting officer knows no possibility of a charge being made - even if reasonable suspicion exists - burden to prove is on police
what must suspect be informed of at arrest
being under arrest, on what grounds and for what reason then must be cautioned asap
where must a suspect be taken following arrest
any station unless expected to be over 6 hrs then designated. can go to alt location if it would assist case e.g search premises, assess alibi
can civilians conduct arrest?
only for indictable offences
powers of arrest without warrant
about to, in process of or reasonably suspect has commited offence
what is the common law power of arrest
breach of the peace in presence of person, will be committed in immediate future or has been committed - requires reasonable belief
when can a magistrates warrant be issued
person over 18, indictable offence/punishable with imprisonment,
when might a crown court warrant be issued
where indictment signed but person not sent for trial
what rank must a custody officer be?
sargeant at least
not involved in investigation
responsible for admittance/discharge
what is a custody record used for
opened for each person brought to a station under arrest (not for volunteers) copy retained for sols, detail of all comments/stages of process
explain the right to notification
person in custody has right to have one person notified of their arrest - must be informed of this right
this person should then be notified of each move
if cant contact, nominate 2x more, if they cant - then at discretion
when should a person be told about right to legal advice
at arrival at station whether arrested/voluntary
before commencement/recommencement of interview
before review of detention
after charge
before intimate sample / drug search
before ID parade
what is threshhold for determining youth/mental disorder
anyone who appears under 18 is juvenile
any reason to suspect may be vulnerable - in absence of evidence to dispel this
can a solicitor act as an appropriate adult?
no
what is the role of an appropriate adult
support and advise
observe police actions
assist with communication
help detained understand rights
what are the police station detention time limits and how are they reached
24 hours from relevant time in first instance
36 extended with permisison from superintendent
96 with warrant from mags courteas
reasons for extension
indictable offence
further time would enable uncovering of evidence and working efficiently already
what is the relevant time
arrival at police station or 24 hours after arrest, whichever is earlier
if arrested for second offence - relevant time is that offence
who decided what/whether charges should be brought
CPS in all but minor summary offences
can CPS delegate conduct of the case - to who?
yes - generally qualified - with instruction from crown prosecutor
who can challenge a decision not to prosecute?
person who suffered harm directly from the conduct - if new evidence produced may be reconsidered
Judicial review
how to secure first hearing in mags
arrested and charged
arrested, bailed, written charge issued
arrested, bailed subject to return
written charge without arrest
application for summons
what is time limit for private prosecution - laying information
6 months - prosecutor may take it over
what happens on info being laid before justice of the peace
issues summons requiring person to attend court OR warrant for arrest issued
what must a written charge contain
statement of offence in ordinary language and the legislation it is under
sufficient particulars of the conduct which led to the charge
what is time limit for summary offence to be tried in mags
6 months
what is time limit for either way offences
no time limit except in exceptional cases where there is stat time limit - overruled in events where charge brought as soon as evidence becomes available
what must the custody officer be satisfied of before releasing a suspect on bail?
necessary and proportionate in all circs
what/who is DPP?
director of public prosecutions
independent of police force - takes charge of public prosecutions withs CPS
power to take over private prosecution/appoint prosecutors (need not be legally qaulified if not imprisonable)
