Chapter Three: Charging the Suspect (Not on Syllabus)

Question 1

Who makes the decision on charging a suspect?

Answer 1

The Custody Officer

Question 2

What are the 4 main options for charging a suecpect?

Answer 2

Release the suspect- either without taking any further action or release under investigation
Release the suspect without charge but on bail
Charge the suspect- and either release on bail or remand until they make their court appearance
Offer the suspect an alternative to a charge

Question 3

What is the maximum time a person can be granted bail for, if appropriate?

Answer 3

Three months.
Extended to six months if authorised by rank of INSPECTOR
Extended to nine months if authorised by rank of SUPERINTENDENT
Can be extended by the Magistrates to 18 months and in some cases to 24 months.

Question 4

What must a suspect be given when they are released on bail?

Answer 4

A written notice with details of the time and date when the suspect needs to re-attend the police station.

Question 5

What may the police do when a suspect answers their bail?

Answer 5

(a) release them without charge
(b) exercise further investigative powers
(c) release the suspect again on bail if their further enquiries are incomplete
(d) charge the suspect

Question 6

What might happen if a suspect fails to answer bail?

Answer 6

They may be arrested without warrant.

Question 7

What two-part test may the CPS apply to determine whether or not the suspect should be charged?q

Answer 7

(a) there must be sufficient evidence to provide a ‘realist prospect of condition’. and
(b) if there is insufficient evidence, the CPS will then need to determine it is in the ‘public interest’ to charge the suspect, or whether the matter should be dealt with other than by way of charge.

Question 8

When might the police deny bail to a suspect?

Answer 8

when they are in doubt of the name or address provided
they believe that the person will fail to appear in court to answer bail
they believe the detention is necessary to prevent them committing an offence
to prevent them from causing physical injury to another or from causing loss or damage to property
to prevent them from interfering with the administration of justice or with the investigation of offences or of a particular offence
if they believe that the detention is necessary for their own protection

Question 9

Why might bail come with conditions?

Answer 9

to prevent the suspect from failing to surrender to custody
to prevent the suspect from committing an offence whilst on bail
to prevent the suspect from interfering with the witnesses or otherwise obstructing the course of justice
for the suspect’s own protection, or if a child, to protect their welfare or own interests.

Question 10

When will suspects make their first appearance in court?

Answer 10

If granted bail- usually within one or two weeks
If not granted bail, the first available court hearing, usually within 24 hours

Question 11

What are some alternatives to charging?

Answer 11

an informal warning
a penalty notice
a formal caution
a conditional caution

Question 12

What is a simple caution?

Answer 12

Not the same as a criminal conviction
If the suspect is later convicted for another offence, the simple caution may be mentioned in court
Normally given in the police station by at least the rank of INSPECTOR.
The offender must sign a form acknowledging that they agree to the caution and admit the offence

Question 13

What are the three conditions that must be satisfied for a simple caution to be given?

Answer 13

(a) sufficient evidence must have been collected to have justified a prosecution
(b) there must be clear and reliable evidence of a voluntary admission by the offender the they have committed the offence
(c) the offender must agree to being cautioned, having been made aware that the caution might be raised in court were they to be convicted of a later offence.

Question 14

What are some restrictions on simple cautions?

Answer 14

They cannot be given to indictable- only offences. Unless a police officer of at least SUPERINTENDENT rank agrees otherwise.
Simple cautions may not be given to either- way offences that has been specified by the Secretary of State unless a police officer of at least INSPECTOR agrees otherwise.

Question 15

What either way offences have been specified by the Secretary of State

Answer 15

Offensive weapon and bladed article offences
Carrying a firearm in a public place
Child Cruelty
Sexual offences against children
Sex trafficking offences
Indecent and pornographic images of children
Importing, sporting, producing, supplying and possessing with the intent to supply to another Class A drugs.

Question 16

What is a conditional caution?

Answer 16

Best described as bringing offenders and their victims into some form of contact, with a view to an agreement being reached as to what the offender should do to make the reparation for the crime they have committed. The intention os to make the offender appreciate the effect their crime has had on their victim.

Question 17

What five conditions must be satisfied in order for a condition caution to be given?

Answer 17

(a) there must be evidence that the offender has committed an offence
(b) a relevant prosecutor or an authorised person must determine that there is sufficient evidence to charge the offender with the offence, and that a conditional caution should be given to the offender in respect of that offence
(c) the offender must admit that they have committed the offence
(d) the effect of the conditional caution must be explained to the offender , and they must be warned that any failure to comply with any of the conditions attached to the caution may result in them being prosecuted for the offence itself; and
(e) the offender must sign a document containing the details of the offence, and admission that they committed the offence, their consent to a conditional caution and the conditions attached to the caution.

Question 18

What are the disadvantages to accepting a conditional caution?

Answer 18

A formal recorded admission of guilt that will form part of a criminal record and may effect how sentencing will be done in future.
The client may lose the opportunity to only have a caution in a subsequent offence
Disclosable to future employers
May still be put on the sex offenders list for relevant offences
The police may retain fingerprints etc for a minimum of five years
A client should only accept a caution if they accept their guilt and there is sufficient evidence against them.