Sqe

Question 1

booking times, perioids, limits, process
- how long regular custody, when is it deemed to start from, how does it differ by offence. What rank is needed to extend?

Answer 1

Detention limits- 24hrs without a charge, extended to 36 with suprientendant approval - if connectd to indictiable offence and necessary to secure or preserve evidence.
+36 with Magistrate warrant (s43)
+36 w magistraty warrant (s44)
Max= 96hrs/ four days.

time limits start from:- Voluntary attendance for questionsing) -when arrested
street bail- time of arrival for questioning
arrested at scene- at first arrival of station

Question 2

What limits the length of time a sublease can be granted for?

Answer 2

It cannot exceed the length of the head lease.

If it does, it is deemed that the tenant had assigned their entire lease to the subtenant.

Question 3

When can a youth caution be given?

Answer 3

Enough evidence to charge, youth admits, and considered not best to charge or give a conditional caution- not in public interest to do so.

cond caution- all of above, but attach conditions to be met , if they fail they wil be charged with orig offence

Question 4

What is needed in establishing AR/-i.e. what are Causation tests needed?
Factual
Legal

Answer 4

Factual (but for test)

legal causation ( chain of causation) needs ot be established.
action must be a significant cause of harm with no intervening act - 3 new interveninig acts available-
(1) victim if d’s actions was not reasonably forseeable/ so daft Eggshell skull rule applies. Needs to be free, deliverate and imformed action. w

(2) 3rd party acts- same test- free delib, infromed and reasonably foreeable.

3) Acts of God that are not reasonably forseable - eg sudden earthquake, natural regular events will not break chain

Question 5

Identification procedure requirements

Answer 5

how many photos