from case to court Flashcards
what are the rights the police read you?
you do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court
what do the police do?
police have 24 hours to charge or release – if they do not have sufficient evidence within that time period, they must release
Within this 24 hour period, interviews will be conducted, CCTV watched and there will be attempts to collate evidence
assault occasioning actual bodily harm
S47 Offences against the Person Act (1861) ‘when a person, intentionally or recklessly assaults another, thereby causing Actual Bodily Harm.’
ABH is not defined in statute, so the defining falls to common law - R v Donovan maintained that the hurt must be more than ‘transient or trifling’
24 hours in police custody
S41 Police and Criminal Evidence Act (1984) sets out in statute, the time period of arrest following booking in
PACE also sets out the roles regarding the treatment of a personl. As a non-vulnerable adult, the person has the right to three meals, drinks, one phone call (this can be retracted if there is suspicion it could hamper the investigation) and the right that someone be informed of where you are
You also have the right to legal representation when being questioned
“i want to speak to my solicitor”
If someone has never been in trouble with the police before, has never been arrested and has never been questioned, eligible for legal aid
A duty solicitor is available 24 hours a day and is independent of the police, and once you’ve asked for it you cannot be questioned without them being there
what is the crown prosecution service
An independent group who prosecute criminal cases bought by the police in England and Wales
what roles do the CPS have
Deciding which cases to prosecute
Deciding appropriate charges in complex cases
Preparing and presenting cases
Providing assistance and support to victims and witnesses
how do CPS work
The CPS have two stages which must be met in order to go ahead and make a charging decision:
- Evidential test: is there sufficient evidence to bring forth a trial? Will it stand up in court?
- Public interest test: it is in the public’s interest to charge with an offence?
- Both of these must be satisfied, it does not matter how serious or sensitive the offence is – if evidence is missing especially, it will not go forwards
after approval from the CPS
police have 2 options:-
Going home until the trial, and having to follow bail regulations
Kept in police custody – known as remand
Bail
You can go home from the court hearing, but may have to give up your passport, live at a particular address, stay away from certain people or report to a police station
If these aren’t followed, you can be arrested again, and held on remand until the first hearing.
what is remand
effective imprisonment
used for people whom bail is inappropriate as the crime is serious, been convicted before etc
liberty taken away without being found guilty
different rules apply e.g. wearing own clothes, voting etc
able to ask for bail from inside prison if circumstances change
what is the average remand stay
9 weeks
realties of remand
women and ethnic minorities overrepresented
remand prisoners have little access to help to prepare for their trial
increased risk of self harm and suicide
what % of trials that being in magistrates court finish there?
90%
what 2 types of cases to MC deal with
summary offences
triable either way
