Topic 1- Preliminaries to Prosecution Flashcards
What is governed by PACE?
All police powers, including arrest, detention, interrogation
How is reasonable suspicion tested?
There must be BOTH a genuine suspicion and an objective basis for that suspicion
What are the grounds for arrest on reasonable suspicion?
There must be reasonable, objective grounds for suspicion, based on known facts and information
Therefore, there is an objective test and a subjective test
Use also Wednesbury Suspicion
Wednesbury Reasonable
The test for seeing if an arrest is reasonable or not
Objective and subjective
Test for reasonable use of force
The court will take into account all the circumstances-
- Nature and degree of force used
- Gravity of the offence
- Preventing harm to others
If use of force results in serious injury, does this make it unreasonable?
No
Need to consider all the circumstances
When should handcuffs be used?
Should only be used when reasonably necessary-
- To prevent escape or violence
Legal definition of arrest
Where a person has been deprived of their liberty to go where they please
There also has to be intention to arrest- burden of proof on officer
When will an arrest be lawful?
The person must be informed they are under arrest as soon as is reasonably practicable
They must also be informed of the grounds of their arrest and why it was necessary
What must be done after someone is arrested not at a police station?
The officer must take the person to a police station as soon as practicable
This is unless the officer needs to carry out investigations
When can civilian powers of arrest be made?
If a person has done an indictable offence
What is breach of the peace?
Where harm is done or is likely to be done to a person
Can be through assault, affray, or disturbance
When will a person be in police detention?
When they have been taken to a police station after being arrested
They will then be under detention of a custody officer
What is the responsibilities of a custody officer?
To ensure that the person in detention is treated in accordance with PACE
Only they can release someone from custody
They must record everything that happens whilst the person is in custody
What must happen as soon as someone is brought to a police station under arrest?
A custody record must be opened
The custody officer must then record everything that happens whilst the person is in custody
What is the right to notification of arrest?
A person who has been arrested has the right to notify someone they have been arrested
What is the right of access to a solicitor?
A person who has been arrested has a right to consult a solicitor privately at any time
Does an appropriate adult have a right to legal assistance?
Yes, they have an independent right to any legal assistance they wish
This is even if the child/vulnerable person does not want legal assistance
What is an appropriate adult?
If someone is under 18, or a vulnerable person, then they require an appropriate adult
This can be the parent or guardian, or social worker of the person (cannot be a police officer)
Role of the appropriate adult
They safeguard the rights and welfare of the child or vulnerable person
They must assist then when asked any questions, help them understand things, etc
Can a child or vulnerable person be interviewed on their own?
No, they must always have an appropriate adult present
What is the normal maximum period of detention without charge from the relevant time?
24 hours
Relevant time is the time an arrested person first arrives at the police station, or 24 hours after arrest
What is the “relevant time” when spent in detention?
The time an arrested person first arrives at the police station, or 24 hours after arrest
How long can the time of detention be extended for, from the normal max of 24 hours?
THIS IS ONLY FOR INDICTABLE OFFENCES
36 hours (by a superintendent or above)
96 hours (by magistrates’)
What happens when the detention time limit has expired?
The person must be released without charge
What is the definition of “interview”?
The questioning of a person regarding their involvement or suspected involvement in an offence
This must be carried under caution
What is the requirement for an interview?
The accused must be cautioned before any questions are made
Also must be recorded
What are the exceptions for cautioning someone in an interview?
If it is to establish their identity or ownership of a vehicle
If it is to obtain information with a statutory requriement
To further a search (eg, where drugs are in a house)
To seek verification of a written record made by the person
Where may an interview by conducted?
The accused must normally be interviewed at a police station
However, they can be interviewed if delay would-
- Lead to harm or interference to evidence
- Lead to the alerting of other persons involved
- Hinder the recovery of property
What must be done before an interview is commenced?
The person must be cautioned
They must also be given information to understand the nature of the suspected offence
Must remind them that they are entitled to legal advice
What is a significant silence?
This is silence or refusal to answer a question
Inferences can then be drawn from the silence
What is a significant statement?
A statement that can be capable of being used in evidence
What happens if a suspect asks an officer what action will be taken if they refuse to answer a question?
The police officer may only inform the suspect of the proposed action
The officer cannot use oppression to obtain answers
When can an interview be ceased?
When the officer is satisfied that all the questions have been asked
Do interviews need to be recorded?
Yes, all interviews must be recorded
Can someone who is intoxicated be interviewed?
No, they cannot unless it is authorised by an officer superintendent or above
Who is the head of the CPS?
The Director of Public Prosecutions (DPP)
What is the role of the CPS?
Act on behalf of the DPP, and take over prosecutions begun by the police
Can the DPP appoint people who are not members of the CPS to conduct the prosecution?
Yes, as long as they are qualified
When will an accused first appear before magistrates’?
When they have been arrested and charged
When they have been arrested and granted bail, then appear before MC
What is a written charge and requisition?
Where someone is issued a “written charge”, which charges someone with an offence
They are then given a “requisition”- this requires them to appear before magistrates’ court to answer to the charge
Who can give out a charge and requisition?
Relevant prosecutors (CPS) and government bodies, such as railway operators, Environmental Agency
What does “laying information” mean?
Where someone is issued with a summons
They must be “summoned” to the magistrates’
What is a summons?
Where someone who has been given a charge and requisition, the relevant body must apply for a summons to summon that person to magistrates’
Time limit for starting proceedings for summary offences
Must be within 6 months from when the summary offence was committed
If someone is charged with a summary offence, how long do they have to be tried in front of a magistrates’?
6 months
What is the time limit for either-way offences to appear in magistrates’?
There is no time limit, unless there is a statutory time limit available
If someone is re-arrested for an offence, what happens to the the 24 hour time limit?
It will start over, so will again be 25 hours
What court hearings may a non-legally qualified CPS associate prosecutor undertake?
Bail applications only
Can a child be interviewed without an appropriate adult?
Yes, but only if authorised by a superintendent or above if completely necessary
Can an officer other than the arresting officer tell the accused they are under arrest?
Yes
If an accused has been put in a police car during a disturbance, but is not told why, will the arrest be lawful?
They need to be told the reason for arrest as soon as is reasonably practicable- if there is an ongoing disturbance, this is not unreasonable, so will be lawful
