2: Preliminaries to prosecution

Question 1

Interview: If reasonable grounds suspect, MUST caution. No caution:

Answer 1

1. Solely establish vehicle ownership
2. Proper + effective search

Caution = commencement interview +reminded after break. Minor deviation = allowed. Failure? = MAY =exclusion evidence.

Question 2

Special warnings MUST where

Answer 2

MUST where:

1. Account for any object, mark substance
2. Account for presence

Officer MUST inform – entitlement free legal advice. Violation = exclusion.

Question 3

Begin interview – officer MUST

Answer 3

put to him: significant statement/silence

Question 4

Interviews cease:

Answer 4

1. All questions asked
2. Officer took available evidence
3. Sufficient evidence realistic prospect conviction

Interviews = generally must = recorded. Suspect verifies record. Failure = MAY = exclusion

Question 5

Interpreter =

Answer 5

When need interpreter, MAY interview without = authorised super intendant.

Question 6

Intoxicated person =

Cannot interview – Test: not

Answer 6

Cannot interview – Test: not appreciate significance of questions + answers, UNLESS authorised = superintendent.

Question 7

Handcuffs = used where:

Answer 7

1. Reasonably necessary = prevent escape
2. Prevent violent breach of peace by prisoner

Question 8

What if the contions of handcuffs are not satisfied?

Answer 8

Violation = trespass, but arrest = lawful.

Arrest = unlawful if no possibility charge being made. BOP on officer to show good faith.

Question 9

What happens after the police arrests a suspect?

Answer 9

take to designated police station, can delay but reasons MUST = recorded. Released on bail if: necessary+proportionate + inspector authorises.

Question 10

Mags Arrest warrant = justice MAY issue warrant on written info, can endorse for bail. Condition:

Answer 10

1. Person 18 years
2. Offence is
   
   1. Indictable
   2. Punish with imprisonment
   3. Address not established for summons

Question 11

What is a Private pros =

Answer 11

warrant NOT issued without consent DPP.

Question 12

Custody officer =

Answer 12

1. Authorises detention, D may not released except on his authority
2. Responsible for compliance PACE +Code of practice
3. Record in custody record matters of PACE.

Question 13

CC Arrest warrant =

What must be present on the warrant?

Answer 13

= indictment MUST signed + D not sent for trial, CC may = summons or warrant.

Question 14

What must happen after arrest?

Answer 14

After arrest – D goes to any police station, UNLESS necessary to detail more 6 hrs = designated police station.

Custody officer MUST = sergeant + appointed each designated police station.

If no CO, another officer MAY this role, but NOT involved in investigation.

Question 15

Custody record MUST open

WHEN?

Answer 15

ASAP. If D is transferred another police station, MUST show: time + reason.

Question 16

Interview conducted @ = police station/ authorised place. No need police station -) delay likely to:

Answer 16

1. Alert suspected people
2. Hinder recovery property
3. Inference evidence

Question 17

MUST NOT interview/written statement – absence appropriate adult:

Answer 17

1. Juvenile
2. Mentally disordered
3. Vulnerable person

Juvenile – MAY interview @ place of education, if principal agrees. Principal MAY act appropriate adult.

Question 18

When arrest, MUST inform of:

Answer 18

1. Ground arrest
2. Arrest necessary
3. Nature offence
4. When + where committed

Violation = unlawful

Question 19

Civilian only arrest for indictable offences. Test= necessity.

Necessary reasons =

Answer 19

1. Name to be ascertained
2. Address to be ascertained
3. Prevent person
   
   1. PI to himself
   2. Cause damage
   3. Offence of public decency
   4. Cause unlawful obstr highway
4. Protect child/vulnerable
5. Promote+effective investigation
6. Stop disappearance

Question 20

What is the notification of arrest?

Answer 20

Notification arrest = arrested + held in custody.

Right of: friend, relative, other told of arrest + place. Custody officer informs D. Person chosen MUST = informed location @ public expense + If D wants, taken another station.

Question 21

What is the notification of arrest?​

What happens if D’s friend is not contacted?

Answer 21

If person not contacted, D choose 2 alternatives. If not contacted, CO discretion allow further attempts.

Question 22

Can a Juvenile be forced to see a solicitor?

Answer 22

Juvenile CANNOT forced to see solicitor.

Question 23

If officer – ANY reason to suspect person =

Answer 23

Ivulnerable, person MUST be treated so.

Question 24

Before removing/keeping person in place of safety, constable MUST =

Answer 24

consult medical practitioner/nurse etc.

Question 25

Where can a child not be detained

Answer 25

in police cell as place of safety.

Question 26

Max period of detention of vulnerable person?

Answer 26

Max period detention from 72 -24 hours, extended by 12 hours = authorised medical practitioner.

Question 27

Mental/vulnerable adult, only detention @police station as place of safety if:

Answer 27

1. Imminent risk of serious injury/death 2. No other place of safety can reasonably be expected 3. Health care should be present + available. Authorised by inspector.

Question 28

Appropriate adults should:

Answer 28

1. Support, advise + assist 2. Observe police = fair 3. Assist in communication 4. Help D understand rights. Juvenile/mental/vulnerable MUST not interviewed without appropriate adult, UNLESS delay = interference with/harm evidence. Authorised = superintendent.

Question 29

Who is an Appropriate adult?

Answer 29

Juvenile = parent/guardian/social worker etc, NOT police officer.

Question 30

**Appropriate adult –** mental/vulnerable = relative/guardian, or 18 +. NOT solicitor. NOT be appropriate adults:

Answer 30

1. Suspected involvement in offence 2. Victim 3. Involved in investigation 4. Received admissions.

Question 31

Office of DPP = barrister/solicitor 10 years standing, appointed by A-G. Duties

Answer 31

1. Take over crim proceedings 2. Institute/conduct crim proceedings 3. Advise police force 4. Appear for pros on appeals from HC to SC 5. Give/refuse consent

Question 32

DPP is head of CPS. CPS is NOT instructed by police. CPS takes over prosecutions begun by police. DPP must issue guidance in:

Answer 32

1. Determining whether proceedings instituted/continued 2. Determining charges preferred 3. Considering reps made in mags court

Question 33

How can someone be identified? If juvenile

Answer 33

juvenile, of 14-18, consent from: juvenile AND parent/guardian. Below 14 = consent parent/guardian.

Question 34

Detention time limit =

Answer 34

24 hrs

Question 35

Can you extend the detention time limit?

Answer 35

Extension – indictable offence = 36 hours (authorised superintendent). Extension – mags court = 96 hrs. When detention time limit expired release without charge, cannot be re-arrested UNLESS new evidence. Hospital time – NOT count. Relevant time = D first arrives at police station or 24 hours after arrest, whichever earliest.

Question 36

DPP MAY appoint person not members of Service. MUST general qualification, person = all powers of Crown Pros. DPP can appoint associate pros not legally qualified. Associate pros:

Answer 36

1. May represent CPR on bail apps/pre-trial apps 2. Conduct trials, where non-imprisonable summary offence 3. Represent CPS in preventable civil orders “Relevant pros” can only bring written charge and requisition procedure. Includes: police, DPP.

Question 37

Issue summons = How is this done?

Answer 37

**=** at mags, pros must serve written app or present it oraly. On laid information, justice may issue: a summons or warrant. Justice clerk may issue summons NOT warrant.

Question 38

A requisition or summons MUST

Answer 38

1. Contain a notice setting out when and where the accused must attend the court; and 2. Specify each offence 3. Identify the issuing court

Question 39

**AND A REQUISITION MUST:**

Answer 39

1. Identify the person under whose authority it is issued.

Question 40

**Time limit for starting pros for:** **SUMMARY OFFENCE –**

Answer 40

**–** information MUST have been laid within 6 months offence.

Question 41

**Time limit for starting pros for:** **Indictable offence:**

Answer 41

no time limite

Question 42

**Time limit for starting pros for:** **Either way offence:**

Answer 42

no time limit