2. Prelims to Prosecution

Question 1

What is an interview?

Answer 1

Questioning of a person regarding their involvement in a criminal offence which must be carried out under caution

Question 2

Caution is not necessary if:

Answer 2

1. To establish the identity or ownership of a vehicle.
2. To obtain information under the Road Traffic Act 1988. (Drink drive procedure not an interview.)
3. Furtherance of proper or effective search.
4. Seek verification of a written record of comment made outside the interview.

Question 3

Where can an interview take place?

Answer 3

An interview must normally be conducted at a police station or other authorised place.

Question 4

Exceptions to location of interview (Where delay would lead to…)

Answer 4

1. Interference or harm with evidence or harm to others or loss or damage to property.
2. Alerting other suspects.
3. Hinder the recovery of property

The interview must cease once the risk has been averted, which led to an exception

Question 5

Can a police officer interview a suspect over live link?

Answer 5

yes (PACE allows it).

Question 6

At the start of an interview, the police officer must…

Answer 6

1. Cautioned the suspect
2. Give suspect or solicitor enough information to understand the nature of the offence and why they are a suspect
3. Remind the suspect of his right to free legal advice.
4. Must put to the defendant any significant statement of silence which occurred in the presence of a police officer

Question 7

What happens if a suspect requests a solicitor?

Answer 7

The caution must be changed.
“ You do not have to say anything but anything you do say may be given an evidence”

Cannot draw inference from silence once requests a solicitor

Question 8

Who should the caution be given to?

Answer 8

Anyone whether our grounds to suspect.

Have reasonable or objective grounds for suspicion based on known facts or information at the time.

No requirement to caution whether our sub grounds but where these grounds do not amount to a reasonable suspicion.

Question 9

Failure to caution is a…

Answer 9

Significant and substantial breach of code C

Question 10

Does a failure to caution automatically mean that evidence will be inadmissible?

Answer 10

No, not automatically.

Question 11

What is a significant statement?

Answer 11

One which is capable of being used in evidence it is often a direct admission of guilt

Question 12

What is significant silence?

Answer 12

A failure or refusal to answer a question under caution which might give rise to an adverse inference

Question 13

The police cannot obtain answers to questions in interview through…

Answer 13

1. Oppression
2. Intimidation
3. Indicating an answer
4. Indicating what will happen if they don’t answer.

(It was improper for a police officer to tell a church organist that was accused of theft that unless she confessed he would have to interview all of the choir boys)

Not every tactic will amount to evidence being excluded but there is a positive duty on the police to not mislead a suspect.

Question 14

When should an interview cease?

Answer 14

When the officer in charge Is satisfied that all questions have been put to the suspect.

And where the officer reasonably believes that there is sufficient evidence to provide a realistic prospect of conviction

Question 15

How should interviews be recorded?

Answer 15

Usually through an authorised recording device.

Visual recording is not mandatory

Question 16

What should happen if the police are interviewing a child or vulnerable person?

Answer 16

That person must have an appropriate adult with them.

Unless the conditions for non-police station interviews apply (e.g risk to evidence)

Question 17

Can children be interviewed at school by the police?

Answer 17

Only in exceptional circumstances and with the agreement of the principle.

Provided at the school was not the victim of the alleged offence the principle may also act as the appropriate adult.

Question 18

Custody officer determines needs an interpreter

Answer 18

They must not be interviewed without an interpreter unless authorised by an officer of the rank of superintendent or above.

The interpreter can be present via live link; he Does not need to be physically present

Question 19

Persons unable to appreciate the significance of the questions

Answer 19

The police are precluded from interviewing any person who is unable to appreciate the significance of questions and their answers or to understand what is happening because of the effects of drink drugs or any illness ailment or condition, Unless it is authorised by officer of rank of superintendent or above

Question 20

Reasonable suspicion

Answer 20

Relates to the existence of facts and not the state of the law.

An officer who reasonably but mistakenly proceeds on a particular view of the law and thus exercises his power of arrest does not have reasonable suspicion

Question 21

What two things does a reasonable suspicion require?

Answer 21

1. Genuine suspicion on the part of the officer concerned
2. Objective basis for that suspicion

Reasonable suspicion requires both that the constable carrying out the arrest actually suspects and that a reasonable person in possession of the same facts as the constable would also suspect.

Reasonableness assessed without reference to hindsight.

Question 22

Does the officer require to identify a specific suspicious offence?

Answer 22

no, But the constable must reasonably suspect the existence of facts amounting to an offence of a kind in mind.

Question 23

Can an officer use force?

Answer 23

Yes, A police officer may use reasonable force in the exercise of their power

Question 24

In what situations can an officer use reasonable force?

Answer 24

Force used in connexion with a stop and search

Entry and search of a premises

Arrest

Intimate search of detained person

Fingerprinting without consent

Taking of non intimate sample

Question 25

In what situations would the police officer not be able to use reasonable force?

Answer 25

In connexion with the conduct of a visual identification procedure Taking of intimate samples Both of these require the consent of the detainee.

Question 26

can a of civilian use reasonable force?

Answer 26

Yes, civilians have the power to use such force as it is reasonable in the circumstances in the prevention of crime or in affecting or assisting in the lawful arrest of an offender or suspected offender, or person unlawfully at large.

Question 27

For force to be reasonable, it must be both...

Answer 27

1. Necessary and 2. Proportionate

Question 28

How will a court determine what forces reasonable?

Answer 28

The court may take into account all of the circumstances including the nature and degree of the force used the gravity of the offence for which the arrest is to be made the harm that would flow from the use of the force and the possibility of affecting the arrest or preventing the harm by other means.

Question 29

Does serious injury make the force unreasonable?

Answer 29

no,

Question 30

When is a person arrested

Answer 30

If as a result of what is said or done the person is under compulsion and is not free to go. Lewis - Whether the person has been deprived of their liberty to go where he or she pleases

Question 31

Is there a presumption that arrest will always follow by a charge?

Answer 31

No Although the power of arrest must be exercised for a proper purpose the fact that in the rest is motivated by a desire to investigate another more serious offence does not render it invalid providing their valid grounds for the arrest

Question 32

When should the person be informed that they are under arrest?

Answer 32

As soon as is practicable after the arrest. Applies even if the arrest is obvious.

Question 33

What makes an arrest unlawful?

Answer 33

1. If the person being arrested is not informed as soon as practicable after the arrest of the grounds for the arrest. 2. If the officer fails to state why he believed an arrest was necessary. (fail to do this = does not make arrest unlawful.) as such).

Question 34

What is the test for whether the words used (in arrest) were sufficient?

Answer 34

Having regard to all the circumstances of the case the person arrested was told in simple non technical language that the person can understand the essential legal and factual grounds for the arrest.

Question 35

Who must give this information of the arrest to the suspect?

Answer 35

It does not need to be an arresting officer it could be a colleague of the arresting officer

Question 36

When can an officer withhold his reasons for the arrest at the time of the arrest?

Answer 36

When it is impractical to inform the suspect

Question 37

Does a failure to administer a caution render the arrest unlawful?

Answer 37

no provide the ground for exclusion of evidence under section 76 x or 78 of the police and criminal evidence act

Question 38

What must be recorded by the arresting officer in the officer's pocketbook?

Answer 38

Nature and circumstances of the offence leading to the arrest. The reasons why the arrest was necessary The caution And anything said by the arrested person at the time of the arrest

Question 39

when must an arresting officer record these in his pocketbook?

Answer 39

It must be made at the time of the arrest unless impracticable in which case must be completed as soon as possible thereafter. When the arrested person is taken into a police station the pocketbook information must be attached to the custody record.

Question 40

When can a police officer take a suspect to a place other than the police station?

Answer 40

Can only be made in exceptional circumstances This might include taking the suspect from the place where he was arrested to another place to cheque an alibi or entry and search of premises

Question 41

When must an officer release the suspect?

Answer 41

Where they are satisfied that there are no grounds for keeping the arrested person under arrest or releasing on bail

Question 42

One must a constable release a suspect on bail?

Answer 42

Where the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances having regard in particular to any conditions of bail which may be imposed. Must be authorised by a custody officer.

Question 43

For what offences can a civilian make an arrest

Answer 43

Indictable only

Question 44

Who can a constable arrest without a warrant

Answer 44

1. Any one who is about to commit an offence 2. Anyone who is in the act of committing an offence. 3. Anyone whom he has reasonable grounds for suspecting to be about to commit an offence 4. Anyone who he has reasonable grounds for suspecting to be committing an offence

Question 45

When does he breach of the peace occur?

Answer 45

Whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault afraid riot unlawful assembly or other disturbance.

Question 46

Can a magistrate issue a warrant

Answer 46

yes. It empowers justice to issue a warrant on the basis of written information substantiated on oath that a person has or is suspected of having committed an offence

Question 47

Power of the magistrates to issue warrant is limited... how?

Answer 47

To any person who has attained the age of 18. The offence concern must be indictable or punishable with imprisonment or the person's address must not be sufficiently established for a summons to be served. A warrant to arrest any person for non appearance before a magistrate's court must not be issued unless the offence to which the warrant relates is also punishable with imprisonment They also have the power to issue a warrant for the arrest of a person who has failed to appear to answer a summons

Question 48

What happens where an indictment has been signed but the person charged has not been sent for trial

Answer 48

The Crown Court may issue a summons requiring that person to appear before it or may issue an arrest warrant

Question 49

When is a person in police detention?

Answer 49

The person has been taken to a police station after being arrested for an offence or has been arrested at a police station after attending voluntarily or accompanying a constable to it and is detained there or somewhere else in the charge of a constable. A person who is at court after being charged is not in police detention Neither is a person who attended police station to answer to live link bail

Question 50

Which police station must a suspect be taken to?

Answer 50

The person may be taken to any police station unless it is anticipated that detention of more than six hours will be necessary in which case the person should be taken to a police station designated for such. A police station must have a custody officer who is ranked at least a sergeant If a custody officer is not available or if the suspect is taken to nondesignated police station another officer can perform the role but they cannot be involved in the investigation of the offence of which the person is in detention

Question 51

Whose responsibility is it for a suspect in police detention

Answer 51

The custody officer it is their responsibility to ensure that the person in police detention is treated in accordance with PACE and codes of practice.

Question 52

When must a custody record be made?

Answer 52

As soon as is practicable once they are brought to a police station under arrest or attended the police station and arrested there voluntarily The custody officer responsible for the custody record

Question 53

Does time in police detention before the release on bail count towards the maximum period of detention?

Answer 53

yes,

Question 54

What right does a person have after their persons been arrested and taken to a police station

Answer 54

right to legal advice right of notification

Question 55

What is the right of notification

Answer 55

The arrested person has a right at their request to have one friend or relative or other person who is known to him told of the arrest and place of detention this has to be done as soon as practicable. The custody officer must inform the suspect of this right and ask Whether they wish to exercise it

Question 56

How many alternatives can a suspect give in respect of the right's notification

Answer 56

2 - But the custody officer has discretion to allow further attempts until the information has been conveyed to that person

Question 57

Does an appropriate adult have a right to independent legal advice?

Answer 57

yes, Even if the child or young person or vulnerable adult doesn't want one

Question 58

Can a vulnerable person be forced to see a solicitor?

Answer 58

no,

Question 59

When must the person be told to their right to free legal advice

Answer 59

When they are: Brought to the police Station Beginning of interview Recommencements of interview After charge Before a police officer wishes to bring to attention a statement to the suspect Where a person is re interviewed Before being asked to provide an intimate sample Before an intimate drug search is conducted Before X ray or ultrasound scan

Question 60

What should an officer do if he suspects that a suspect may be vulnerable?

Answer 60

Must treat that person as vulnerable. Custody officer must take steps to establish whether such reasons for believing a person is vulnerable exist They need to be assessed as soon as possible

Question 61

How do you define an appropriate adult?

Answer 61

Parents or guardian or if the child or young person is in the care of a local authority or voluntary organisation a person representing that authority or organisation a social worker of a local authority or failing these some other responsible person who is not a police officer employed by the police or under the directional control of the chief police officer

Question 62

Can a solicitor act as a appropriate adult?

Answer 62

No,

Question 63

What is the role of an appropriate adult?

Answer 63

Safeguard the rights, entitlements, and welfare of children and vulnerable persons They are expected to support advise and assist the suspects and observe whether the police are acting appropriately and fairly They also assist detainees to communicate with the police while respecting their right to say nothing unless they do not want to

Question 64

Can a child of a person be interviewed or provide a statement in the absence of an appropriate adult?

Answer 64

yes, but one of the exceptions has to apply - otherwise no exceptions - Delay would likely to interfere with or harm to evidence connected with the offence or interference with or physical harm to other people or serious loss of damage to property and alerting other suspects not yet arrested etc

Question 65

What is the role of an appropriate adult in strip searches

Answer 65

If the person has attained the age of 14 but is under 18, Consent is required from the young person and his parents or guardian If under 14 years old the consent of the parents or garden is required and unless the appropriate adult is a parent or guardian they cannot give consent

Question 66

What is the normal maximum. Without charge?

Answer 66

Twenty four hours from the relevant time.

Question 67

What happens after the time limit runs out and they have not charged

Answer 67

Suspect must be released

Question 68

Can detention time limits be extended?

Answer 68

yes. Indictable offence extended up to a total of 36 hours from the relevant time by an officer of rank of superintendent or above Indictable offences can be extended by the magistrate court up to a total of 96 hours

Question 69

When does the time period Start and stop?

Answer 69

It starts from the relevant time. . Hospital for medical treatment does not count towards the time limit

Question 70

What is the relevant time

Answer 70

Normally the relevant time is the time an arrested person arrives at the police station or twenty four hours after arrest whichever is the earlier. If new evidence arises justifying a further arrest the relevant time will be that relating to the subsequent arrest

Question 71

Is the crown prosecution service he part of the police

Answer 71

No the crown prosecution service takes over prosecutions that have begun by the police therefore they exercise independent judgement in deciding any legal questions which arise

Question 72

What are the ways in which an accused appearance can be secured before a magistrate's court

Answer 72

Accused may be arrested after the police have sought advice from the crown prosecution service and charged by the police and details of the offences will appear on a charge sheet The accused may be arrested and then granted police bail while the cps decide whether there is sufficient evidence to justify a charge the cps may then start a prosecution by using the written charge and requisition procedure The accused may be arrested and then be granted police bail subject of a requirement of returning to a police station at a specific date during which the cps decide whether there is sufficient evidence The accused may be served with a written charge and requisition Without first having been arrested Upon application to the magistrate's courts for the issue of a summons or arrest warrant requiring the accused to attend before the court

Question 73

Who is a relevant prosecutor?

Answer 73

The police The Crown Prosecution Service The SFO the NCA And the attorney general as well as those specified by the secretary of state This also includes various government departments such as the driver and vehicle standards agency the transport for London the environment agency specified local authorities railway operators and the tv licencing authority These may institute proceedings using the written charge procedure. Where the prosecutor issues a written charge a requisition must be issued at the same time this requires the accused to appear before a magistrate's court to answer the written charge This method is only available to relevant prosecutors

Question 74

To whom is the written charge and requisition procedure available?

Answer 74

Relevant prosecutors