Prosecution Flashcards
What is the reliability filter?
A formal evaluation of the evidence.
When must a formal visual identification procedure be conducted?
As soon as practicable after the offence is reported.
You should not arrest a person if…
- They can be summonsed (Especially if it is a non-imprisonable offence)
- A warning or referral would be a better resolution.
What does the word holistic mean?
An appreciation of the how this incident may fit into a larger pattern of offending.
Section 33 of the Policing Act 2008 states…
A person who a constable intends to summons must provide the minimum details required to identify them. If after being cautioned they fail to do so they can be arrested.
When must a person appear in front of a court after being Police bailed?
- Within 7 days if given bail conditions
- Within 14 days if NOT given bail conditions
What are charging decisions?
Provides the court with an appropriate basis for sentencing.
Section 29 of the Victims Rights Act 2002 states..
Offences covering sexual or serious assaults that result in injury/death/incapable or there are fears for their safety or their families safety.
When must a charging document be filed?
As soon as reasonably practicable
Who is responsible for filing formal statements?
Prosecutor
After serving a summons, you decide not to prosecute what must you do?
Take all reasonable steps to advise the defendant before the date of the summons.
Who is responsible for offering (POL1065) VNR in relation to Section 29 of the Victims Rights Act 2002?
The O/C
If a victim is on the VNR what will they be notified about?
They will be notified by the agency of changes to offenders bail, release date, parole or death.
When must a CMM be returned to prosecution?
5 days before case management discussions.
Is an intoxicated person considered a special consideration witness?
Yes, they can not give accurate information.
