Suspects Flashcards
True or False:
- Arbitrary detention occurs when the arrest or detention is reasonable in the particular case.
- Arrest is a form of arbitrary detention.
- Detained persons need not be cautioned.
- Everyone has the right not to be arbitrary arrested or detained.
- You may only detain a person under certain enactments.
- False
- False
- False
- True
- True
If you are interviewing a suspect and begin to strongly put questions to them demanding explanations and answers. If the suspect gives the identity of other offenders and evidence against themselves, would this be admissible in court?
No, because the offender was in custody and questions must not amount to cross-examination.
Under Crown Law Prosecution Guidelines 2010:
When the admissible evidence is sufficient to provide a reasonable prospect of conviction, the Police must:
Apply the public interest test to determine if a prosecution is required.
If half way through interviewing a person they admit to an offence, when should this suspect be given their BoR?
As soon as the suspect stated that they committed the offence.
What public interest factors need to be considered for a first time offender?
A review of the defendant’s professional status.
The extent to which the victims are affected.
The defendant’s position of trust in the circumstances.
The offer of reparation requires prosecution support.
True or False:
- The decision to arrest in FV is clearly defined in policy.
- Any Officer can execute an arrest warrant providing they confirm that the warrant is valid and the confirm the person’s identity.
- You must arrest a person if it is clear they have committed an offence and you have sufficient evidence to charge them.
- You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety.
- True.
- True.
- False.
- True.
Property taken from a person who is arrested of lawfully detained:
May be retained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore has lost their right to retain the property.
May be retained by the custody officer if, in their opinion, its possession may constitute an offence or it may need to be given in evidence in proceedings arising out of a charge.
When deciding whether to commence prosecution by laying charges, which tests must be applied?
Evidential test
Public interest test
Which section of the CYPF Act 1989 overrides any other enactment in making an arrest of a youth?
S214
True or False:
A suspect was released without charge because there was no power to arrest in the circumstances. Following further investigation, the Officer may still proceed to charge the suspect by way of summons.
True.
True or False:
The consequences of arbitrarily detaining a person may be that:
- The Officer must face an inquiry under the Police Code of Conduct.
- Any statement made by the person is inadmissible in court.
- The case against the person could be dismissed by the court.
- The arresting officer could be liable to civil litigation.
- False
- True
- True
- True
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and:
The court is provided with an appropriate basis for sentence.
A shoplifter has an extensive youth file including numerous dishonesty and thefts. Which of the public interest factors most supports prosecution?
The likelihood of the offence being repeated.
Two suspects are being interviewed separately. You inform one that the other has admitted to a burglary, at which point they admit to the offence.
Would this be admissible in court?
No, because the admission was obtained by misrepresenting the truth to your suspect.
When applying the evidential test, you must consider if there is sufficient admissible evidence to:
Provide a reasonable prospect of conviction.
