Suspects Flashcards
You cannot arrest and interview for one offence and then change your mind as the offender is in custody and questions cannot amount to cross examination
True
When laying charges think about satisfying the evidential test and public interest test
True
When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required
True
Public Interest Factors:
- extent victim affected
- review defendants professional status
- offer of reparation
- defendants position of trust
True
Give caution as soon as admission made
True
Keep property if remanded and evidence
True
Any Police Officer can execute arrest warrant if Valid and show ID
- should not arrest if unable to justify
- FV arrest dictated in policy
- do not have to arrest if committed offence and have evidence
True
You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.
True
Section 214 CYPFS Act overrides any other enactment in making an arrest
True
Public Safety Factor is likelihood of offence being repeated
True
Arbitrary Detention could result in:
- civil litigation
- case dismissed
- inadmissible statement
True
When applying the Evidential Test, you must consider providing a reasonable prospect of conviction
True
You cannot bait a suspect by saying that his friend admitted offence. Admission can’t be obtained by misinterpreting the truth to your suspect.
True
A good charging decision is when the court is provided with an appropriate basis for sentence
True
If you arrest a person and then release them you can still proceed by way of summons
True
