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Flashcards in Evidence Deck (4)
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1
Q

Criminal Procedure & Investigations Act 1996

A

Extremely important legislation for investigators.

All material obtained/generated must be:
Retained
Recorded
Brought to the attention of the prosecutor i.e., the Crown Prosecution Service

2
Q

Responsibilities under CPIA 1996

A

Statutory duty to make records and store material

All material must be ‘revealed’ to the prosecutor

The prosecution inform the defence of material upon which it will rely (‘primary disclosure’)

The defence must then inform the prosecution of the case it intends to rely upon at trial

Defence disclosure triggers ‘secondary disclosure’ by the prosecution.

3
Q

Public Interest Immunity

A

Recognised since the end of the 19th century that there may be circumstances in which the public interest outweighs the defence right to disclosure – for example in relation to police informants

The Court decides whether this is the case and NOT the Prosecution

This is still the case under the statutory regime – the prosecution is required under the Code of Practice to list whether something is potentially sensitive material

The Criminal Procedure Rules 2005 (S.I.2005 No.384) which came into force on April 4 2005 set out the procedure to be followed when the prosecution make an application to the court for non-disclosure of material.

Public Interest Immunity (PII) claims are always assessed by the court. When doing so, the court must balance two competing interests:
the public interest that, in the fair administration of justice, the courts should have the fullest possible access to all relevant material
the need to maintain the confidentiality of information the disclosure of which would cause real damage to the public interest.

4
Q

Suspect management

A

Once a suspect has been arrested PACE confers additional powers of search and seizure.

However, the Act imposes a strict limit on the time that a suspected offender may be kept in police detention.

Normally, suspects may not be detained for more than 24 hours without being charged.

Detention may be extended for anything up to a further 12 hours but that requires the personal authorisation of an officer of the rank of superintendent or above.

Further detention can only be authorised by a magistrate and then only to a maximum of 96 hours. NOTE – additional time may be allowed in terrorism cases