Topic 1- Preliminaries to Prosecution Flashcards by William Rowlands

What is governed by PACE?

All police powers, including arrest, detention, interrogation

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How is reasonable suspicion tested?

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

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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

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Wednesbury Reasonable

The test for seeing if an arrest is reasonable or not

Objective and subjective

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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

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

Need to consider all the circumstances

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When should handcuffs be used?

Should only be used when reasonably necessary-

To prevent escape or violence

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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

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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

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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

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When can civilian powers of arrest be made?

If an individual has committed an indictable offence, then the powers of civilian arrest arise

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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

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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

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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

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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

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What is the right to notification of arrest?

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

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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

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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

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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)

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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

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

No, they must always have an appropriate adult present

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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

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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

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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’)

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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 24 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

If a police officer believes harm may have been caused to someone, do they still need to caution an accused before asking a question?

No, as they are entitled to question them without caution

After an accused makes an admission of guilt to an officer, and the officer then cautions and makes sure the accused indicates he understands the nature of the caution, what is the next step taken by the interviewing officer?

Put the accused his admission by guilt to the officer This can be now done under caution

What are the only two circumstances where handcuffs should be used?

To prevent an escape To prevent a violent breach of the peace

What is the two-stage test for granting a representation order?

1- assessment of means 2- interests of justice

What is the overriding objective in criminal procedure?

Criminal cases must be dealt with justly

What is the two-stage test for determining whether to bring charges against an accused?

The evidence must be sufficient to provide a realistic conviction AND Then the public interest stage can be considered

Where an accused is arrested but not charged, when are they entitled to have their case reviewed by the police?

6 hours after the detention was first authorised

What is the time limit for bringing a charge and requisition for a summary offence?

Max 6 months

What are the only offences where a civilian can make an arrest?

Indictable offences