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BTC- Criminal Litigation > Topic 1- Preliminaries to Prosecution > Flashcards

Topic 1- Preliminaries to Prosecution Flashcards

1
Q

What is governed by PACE?

A

All police powers, including arrest, detention, interrogation

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2
Q

How is reasonable suspicion tested?

A

There must be BOTH a genuine suspicion and an objective basis for that suspicion

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3
Q

What are the grounds for arrest on reasonable suspicion?

A

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

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4
Q

Wednesbury Reasonable

A

The test for seeing if an arrest is reasonable or not

Objective and subjective

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5
Q

Test for reasonable use of force

A

The court will take into account all the circumstances-

  • Nature and degree of force used
  • Gravity of the offence
  • Preventing harm to others
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6
Q

If use of force results in serious injury, does this make it unreasonable?

A

No

Need to consider all the circumstances

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7
Q

When should handcuffs be used?

A

Should only be used when reasonably necessary-

  • To prevent escape or violence
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8
Q

Legal definition of arrest

A

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

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9
Q

When will an arrest be lawful?

A

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

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10
Q

What must be done after someone is arrested not at a police station?

A

The officer must take the person to a police station as soon as practicable

This is unless the officer needs to carry out investigations

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11
Q

When can civilian powers of arrest be made?

A

If a person has done an indictable offence

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12
Q

What is breach of the peace?

A

Where harm is done or is likely to be done to a person

Can be through assault, affray, or disturbance

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13
Q

When will a person be in police detention?

A

When they have been taken to a police station after being arrested

They will then be under detention of a custody officer

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14
Q

What is the responsibilities of a custody officer?

A

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

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15
Q

What must happen as soon as someone is brought to a police station under arrest?

A

A custody record must be opened

The custody officer must then record everything that happens whilst the person is in custody

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16
Q

What is the right to notification of arrest?

A

A person who has been arrested has the right to notify someone they have been arrested

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17
Q

What is the right of access to a solicitor?

A

A person who has been arrested has a right to consult a solicitor privately at any time

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18
Q

Does an appropriate adult have a right to legal assistance?

A

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

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19
Q

What is an appropriate adult?

A

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)

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20
Q

Role of the appropriate adult

A

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

21
Q

Can a child or vulnerable person be interviewed on their own?

A

No, they must always have an appropriate adult present

22
Q

What is the normal maximum period of detention without charge from the relevant time?

A

24 hours

Relevant time is the time an arrested person first arrives at the police station, or 24 hours after arrest

23
Q

What is the “relevant time” when spent in detention?

A

The time an arrested person first arrives at the police station, or 24 hours after arrest

24
Q

How long can the time of detention be extended for, from the normal max of 24 hours?

A

THIS IS ONLY FOR INDICTABLE OFFENCES

36 hours (by a superintendent or above)

96 hours (by magistrates’)

25
Q

What happens when the detention time limit has expired?

A

The person must be released without charge

26
Q

What is the definition of “interview”?

A

The questioning of a person regarding their involvement or suspected involvement in an offence

This must be carried under caution

27
Q

What is the requirement for an interview?

A

The accused must be cautioned before any questions are made

Also must be recorded

28
Q

What are the exceptions for cautioning someone in an interview?

A

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

29
Q

Where may an interview by conducted?

A

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
30
Q

What must be done before an interview is commenced?

A

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

31
Q

What is a significant silence?

A

This is silence or refusal to answer a question

Inferences can then be drawn from the silence

32
Q

What is a significant statement?

A

A statement that can be capable of being used in evidence

33
Q

What happens if a suspect asks an officer what action will be taken if they refuse to answer a question?

A

The police officer may only inform the suspect of the proposed action

The officer cannot use oppression to obtain answers

34
Q

When can an interview be ceased?

A

When the officer is satisfied that all the questions have been asked

35
Q

Do interviews need to be recorded?

A

Yes, all interviews must be recorded

36
Q

Can someone who is intoxicated be interviewed?

A

No, they cannot unless it is authorised by an officer superintendent or above

37
Q

Who is the head of the CPS?

A

The Director of Public Prosecutions (DPP)

38
Q

What is the role of the CPS?

A

Act on behalf of the DPP, and take over prosecutions begun by the police

39
Q

Can the DPP appoint people who are not members of the CPS to conduct the prosecution?

A

Yes, as long as they are qualified

40
Q

When will an accused first appear before magistrates’?

A

When they have been arrested and charged

When they have been arrested and granted bail, then appear before MC

41
Q

What is a written charge and requisition?

A

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

42
Q

Who can give out a charge and requisition?

A

Relevant prosecutors (CPS) and government bodies, such as railway operators, Environmental Agency

43
Q

What does “laying information” mean?

A

Where someone is issued with a summons

They must be “summoned” to the magistrates’

44
Q

What is a summons?

A

Where someone who has been given a charge and requisition, the relevant body must apply for a summons to summon that person to magistrates’

45
Q

Time limit for starting proceedings for summary offences

A

Must be within 6 months from when the summary offence was committed

46
Q

If someone is charged with a summary offence, how long do they have to be tried in front of a magistrates’?

A

6 months

47
Q

What is the time limit for either-way offences to appear in magistrates’?

A

There is no time limit, unless there is a statutory time limit available

48
Q

If someone is re-arrested for an offence, what happens to the the 24 hour time limit?

A

It will start over, so will again be 25 hours

49
Q

What court hearings may a non-legally qualified CPS associate prosecutor undertake?

A

Bail applications only

BTC- Criminal Litigation (7 decks)

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