Mod 6 Flashcards
(50 cards)
What is the purpose of a cordon under S34?
To protect a scene, ensure public safety, preserve evidence, and prevent unauthorised access.
What is the definition of terrorism under S1?
The use or threat of action to influence the government or intimidate the public to advance a political, religious, or ideological cause.
Specific actions:
- serious violence against a person
- serious violence to property
- endangering a persons life (other than person committing offence)
- creating serious risk to the health or safety of the public
- action designed to seriously interfere with or seriously to dispute an electronic system
When can a search under S43 be conducted?
Constable has the power to search someone who they reasonable suspect (2/10) is involved in terrorism or has possession of relevant materials.
What does S19 allow an officer to do regarding exhibits?
Seize items believed to be evidence of a crime during a lawful search.
Evidence of crime or obtained as a result of crime
When can rights be delayed under Code C - Annex B?
If granting rights would hinder the investigation, lead to harm, or allow evidence destruction.
What rights does a suspect have under Code C?
- Right to remain silent
- Right to free legal advice
- If arrested, have someone informed of their detention
- Interpretation/translation
- Information about accusation
- Right to contact your high commission, embassy or consulate
- Be informed of max detainment time before being put before court
- Right to medical assistance
- Right to see documents
- Access to evidence
- Right to consult the dci
Why is proper exhibit labelling critical?
To maintain continuity information (who, where, when, what), contains info as to who has handled or opened it and ensure evidence integrity in court.
What are acceptable modes of recording under Code E?
Audio recording, visual recording, or written notes.
When should significant statements/silences be put to the suspect?
After the caution, suspect will then state if they agree or disagree & can be discussed further in interview topics.
What is PACE under Code C?
Police and Criminal Evidence Act 1984, which governs the treatment and rights of individuals in custody.
What are special warnings under S36/S37?
Special Warnings are given when a suspect is found with objects, substances, or marks on them at location of arrest.
If suspect fails to account can draw influence
Arresting & finding officer must be the same person
Who qualifies for an appropriate adult under Code C?
Who can act as an appropriate adult?
Children (under 18), vulnerable person (such as mental illness, learning disabilities, autism or brain injury)
A parent, guardian, social worker, or another responsible adult
parents or other family members
friends or carers
social workers
charity workers
specialist appropriate adults (either paid or voluntary).
Some people are not allowed to be an appropriate adult:
- anyone under the age of 18
- people connected to the police (see panels) unless they are the individual responsible for the person’s care or custody
- anyone who might be a suspect, victim, witness or otherwise involved in the investigation
What does PEACE stand for?
Preparation and Planning,
Engage and Explain,
Account,
Closure,
Evaluation.
What is TiC under S224 Criminal Justice Act 2003?
When a suspect admits to other offences during a plea, allowing them to be taken into account at sentencing.
Under what circumstances can fingerprints be taken?
With consent
under arrest
or by court order for identification purposes
Recordable offence only
What qualifies as an intimate sample?
Blood
semen
other bodily fluid
dental impressions
pubic hair
Swab of genital area or any area aside from mouth
Medical practitioner/ healthcare professional only
Not urine
What governs the granting of bail under S47?
Conditions may be imposed to ensure attendance, prevent reoffending, or safeguard the public.
also allows the police to rearrest someone who has been released on bail if new evidence is discovered
What is excluded material under S11?
Section 11 of the Police and Criminal Evidence Act 1984 (PACE) defines “excluded material”. Excluded material is information that is protected from disclosure and includes personal records, human tissue, and journalistic material
Would how evidence was got covertly be included?
What is the aim of restorative justice?
To bring victims and offenders together to repair harm and address the impact of the crime.
What is a youth caution under LASPO?
A formal warning given to young offenders as an alternative to prosecution.
A youth caution is a formal warning given to young people who have admitted to committing a criminal offense. It is a formal out-of-court disposal.
Who can receive a youth caution?
Young people aged 10–17 years old
Children who admit to a criminal offense
What happens if a young person receives a youth caution?
The caution is recorded by the police
The caution remains on the young person’s criminal record
The victim may be invited to meet with the young person
The Youth Offending Team (YOT) may work with the young person to help them avoid future trouble
What is a key principle of managing investigations under APP?
Applying a systematic and ethical approach to evidence gathering and suspect handling.
What does bad character evidence cover under S98?
Evidence of misconduct other than that directly related to the current charges.
Only use to support good case not make a bad case better
What are the general principles of APP?
Accountability, transparency, and upholding justice.
What is the difference between used and unused material?
Used material is evidence presented in court;
unused material is retained but not relied upon.
