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Criminal Practice > Preliminaries to prosecution > Flashcards

Preliminaries to prosecution Flashcards

1
Q

What are police officers required to demonstrate for detention without charge?

A

Legal authority to exercise power
Power exercised lawfully

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2
Q

When might a person not be taken to police station straight away?

A

Presence at other place is necessary to carry out investigations eg
* Being searched
* Being taken to premises to be searched
* Being taken to a place to check their alibi

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3
Q

What happens at the police station?

A
  • D sees custody officer
  • informed of rights
  • Non-intimate samples
  • healthcare
  • speak to solicitor
  • Interview
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4
Q

What happens after police interview?

A

o Release under investigation/police bail
o Charged + released under bail, appear at MC later date
o Charged + remanded into custody, appear at MC next day

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5
Q

Who authorises detention of an arrested person?

A

Custody officer

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6
Q

What are the role/requirements of being a custody officer?

A
  • Handling and welfare of suspects in detention
  • At least sergeant
  • Unrelated to investigation
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7
Q

When will a custody officer think there are grounds for detention but not sufficient evidence to charge?

A
  • Secure/preserve evidence
  • Obtain evidence by questioning
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8
Q

If there are grounds to detain, what does a custody officer do?

A
  • Authorise detention
  • Open custody record
  • Inform D of reason for arrest and detention
  • Advise D of rights
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9
Q

What are the additional duties of a custody officer?

A
  • Risk assessment
  • Special arrangements
  • Interpreters
  • D’s Property
  • Contacting healthcare professionals
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10
Q

What will the custody record include?

A

Requirement to inform of reason
Circumstances of arrest
Why arrest necessary
Comments made by D

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11
Q

Where can a solicitor find details of everything that has happened to/said/done by the detainee?

A

Custody record

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12
Q

When do reviews of detention need to happen and who by?

A

At least inspector, unrelated to investigation, not CO.
First review - < 6 hours after authorised by CO, every 9 hours after

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13
Q

What is the time limit for detention?

A

24 hours from relevant time (usually arrives at station)

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14
Q

What does s42 PACE say about the limit for detention being extended?

A
  • Authorisation before expiry, after second review
  • Grounds explained to D and noted in custody record
  • Suspect/solicitor allowed to make representations
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15
Q

What is the criteria for a detention extension?

A
  • At least superintendent authorised
  • Reasonable grounds it’s necessary for evidence/questioning
  • Indictable offence
  • Investigation conducted diligently and expeditiously
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16
Q

How can detention be extended beyong 36 hours?

A

Apply to magistrates court
36 hrs first application, 36 hrs second (96 hrs max)
* MC satisfied reasonable grounds for evidence/questioning
* Indictable
* Investigation conducted diligently and expeditiously

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17
Q

What rights must be stated during custody?

A
  • Consult privately with solicitor/free independent legal advice available
  • Someone informed of arrest
  • Consult COP
  • Appropriate adult/interpreter
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18
Q

When must a suspect be told of their right to a solicitor/free advice?

A

before:
* Commencement/recommencement of interview
* Being asked for intimate samples
* Intimate drug search
* Identification parade/Video ID procedure

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19
Q

How long can the right to consult a solicitor/have someone informed be delayed for?

A

36 hours max

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20
Q

What is the criteria for delaying the right to consult with solicitor?

A

Indictable offence
In writing, at least superintendent
Reasonable grounds exercising right will lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

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21
Q

What is the criteria for delaying the right to inform someone?

A

Indictable offence
In writing, At least inspector
Reasonable grounds lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

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22
Q

Who has the right to an appropriate adult?

A

Any minor or:
* Mentally disordered/vulnerable
* Officer told in good faith they are mentally disordered/vulnerable

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23
Q

Who can act as an appropriate adult for a minor?

A
  • Parent/guardian
  • Care authority/social worker
  • Any 18+ not police
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24
Q

Who can act as an appropriate adult for a mentally disordered person?

A
  • Parent/guardian
  • Relative
  • Experienced person
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25
Q

Who can’t act as an appropriate adult?

A
  • Solicitor
  • Suspect
  • Victim/witness
  • Involved in investigation
  • Rec’d admissions
  • Low IQ
  • Estranged parent if objected
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26
Q

What is the role of an appropriate adult?

A
  • Ensure D understands what and why
  • Support/advise/ assistance
  • Observe police/intervene
  • Ensure D understands rights
  • Can request solicitor
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27
Q

When can police delay the right to an appropriate adult?

A

delay would lead to:
* Interfering with evidence
* Interfering/harm to others
* Serious loss/damage to property
* Alerting other suspects not yet arrested
* Hindering recovery of property

28
Q

When can police delay the right to an interpreter?

A
  • Interfering with evidence
  • Interfering/harm to others
  • Serious loss/damage to property
29
Q

All interviews must be carried out under what?

A

Caution

30
Q

What should happen before interview?

A
  • See CO who authorised continued detention
  • Informed of rights
  • Non-intimate samples
  • Healthcare professional
  • Speak to legal rep (if requested)
31
Q

When can interviews take place outside of police station?

A

it would lead to:
* Interfering with evidence
* Interfering/harm to others
* Serious loss/damage to property
* Alerting other suspects not yet arrested
* Hindering recovery of property

32
Q

When is there a right to disclosure?

A
  • Significant statement and
  • Custody record
33
Q

What is the general rule for recording of interviews?

A

Contemporaneously recorded

34
Q

When is someone unfit for interview?

A

Unable to:
* Appreciate significance of questions and answers
* Understand due to drink/drugs/illness/ailment/ condition
Superintendent can authorise though

35
Q

What should a solicitor do before interview?

A

Obtain pre-interview disclosure
Private consultation

36
Q

When should a solicitor consider intervening in an interview?

A
  • Information/evidence not disclosed before interview
  • Clarification on any matter required at any time
  • Inappropriate questioning
  • Inappropriate behaviour
  • Further advice to client needed
  • Break required
  • Circumstances require
37
Q

What are examples of inappropriate questioning?

A
  • Misrepresentation of information
  • Hypothetical questions
  • Repetitive questioning
  • Disruptive listening
38
Q

When are confessions inadmissable?

A

Oppression that caused confession
Unreliability that caused confession
adverse effect on fairness of proceedings

39
Q

When does someone not need to be cautioned to be interviewed?

A

a) Solely to establish identity or ownership of vehicle
b) To obtain information for statutory requirement e.g. name/address of driver
c) In furtherance of proper and effective conduct of a search
d) To seek verification of a written record of comments made by someone outside of an interview

40
Q

What starts the clock for extending detention?

A

The time of arrival at police station

41
Q

What starts the clock for reviews of detention?

A

The time detention was authorised

42
Q

Who should a solicitor see regarding disclosure?

A

Investigating officer

43
Q

When can the police charge without the CPS?

A
  1. Summary only offence (including criminal damage £5000 or less)
  2. Shoplifting (if suitable for Magistrates Court)
  3. Either way offence anticipated as a guilty plea and suitable for Magistrates Court
44
Q

Is an intoxicated person treated as vulnerable?

A

No

45
Q

Who is a vulnerable person?

A

because of mental condition:
- difficulty understanding/communicating implication of arrest/interview/rights
- doesnt understand significance of what they’re told/questions/replies
- prone to becoming confused/unreliable or incriminating info/accepting suggestions/readily agreeing

46
Q

What are the options in police interview?

A
  • Answer questions
  • ‘Go no comment’ (refuse to answer)
  • Provide a written statement and ‘go no comment’
47
Q

When may adverse inferences be drawn?

A
  • D later relis on fact not mentioned during questioning
  • fails to explain object/substance/mark found during arrest
  • fails to account for presence at place during alleged time of offence
48
Q

When can an adverse inference not be drawn for relying on an unmentioned fact?

A

No caution

49
Q

For the adverse inference of relying on an unmentioned fact, what must the fact be?

A

Reasonable to have been mentioned bearing in mind circumstances

50
Q

What is the effect of an adverse inference for relying on an unmentioned fact?

A
  • explanation fabricated
  • ambush defence
  • no reasonable explanation in interview
51
Q

What must the police do if they find an object/substance/mark on the arrested person or want them to account for their presence at a particular place during the alleged time of the offence?

A

Ordinary language caution (special warning)

52
Q

What are the safeguards for adverse inferences?

A
  • cant convict solely on adverse inference
  • cant draw adverse inference where no access to legal advice
53
Q

What can the police do for visual identification where the suspect ID is not known?

A

Take witness to place/neighbourhood or
Show photos

54
Q

When should a visual identification procedure be used?

A
  • eyewitness who identified/able to identify and
  • suspect denies being that person
55
Q

When will a visual identification procedure not be used?

A

not practical/no useful purpose

56
Q

What are the types of visual identification procedure?

A
  • video ID
  • ID parade
  • Group ID
57
Q

Is consent to visual identification procedures mandatory?

A

no but refusal may be used as evidence and could lead to covert procedures

58
Q

What happens where a suspect has unusual features during video ID?

A

They are concealed or replicated in the lineup

59
Q

Will the solicitor be able to supervise a video ID procedure?

A

Yes at investigating officer’s discretion

60
Q

Can eyewitnesses communicate during video ID?

A

no

61
Q

What can a witness request during an ID parade?

A

Specific actions

62
Q

Who can a suspect have present during an ID parade?

A

solicitor, friend, appropriate adult/interpreter

63
Q

How can group ID take place?

A

With suspect’s consent or
Covertly without consent

64
Q

Will breach of Code D mean that the visual identification is excluded?

A

Only is accused suffered significant prejudice

65
Q

When can the police make a charging decision?

A

summary only offence
Shoplifting
Either way offence anticipated guilty plea and suitable for sentence at magistrates court

66
Q

What is the only time limit for bringing criminal proceedings?

A

summary only - within 6 months of alleged offence

Criminal Practice (23 decks)

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