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Criminal Law and Practice > Police Powers > Flashcards

Police Powers Flashcards

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1
Q

What is the overriding objective in criminal cases? How does the court apply the overriding objective?

A

Must be dealt with justly

Court must further this objective when exercising any power given to it by legislation

Applying any practice direction

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2
Q

Name the four summary only offences

A

Assault
Battery
Simple criminal damage where the value if £5,000 or less
An attempt to commit simple criminal damage worth £5,000 or less

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3
Q

Name the eight either-way offences

A
  • Theft – S1 Theft Act
  • Burglary – S9(1)(a) and S9(1)(b)
  • Fraud
  • Assault occasioning actual bodily harm – S47 OAPA
  • Wounding or inflicting GBH – S20 OAPA
  • Simple arson
  • Simple criminal damage where value exceeds £5,000
  • Attempts to commit either way offences
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4
Q

Name the eight indictable only offences

A
  • Robbery – S8 Theft Act
  • Wounding or causing GBH with intent – S18 OAPA
  • Aggravated burglary – S10 Theft Act
  • Aggravated arson
  • Aggravated criminal damage
  • Murder – where a verdict of voluntary manslaughter can be a possible outcome
  • Involuntary manslaughter
  • Attempts to commit indictable only offences
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5
Q

Criminal damage as an offence reaches across the categories of offence. Explain how this works.

A

Below £5,000 - summary only, can’t be committed to CC for sentence

Above £,5000 - either-way, and can be committed for sentence

If the value of the damage is uncertain - D will be asked if they consent to be tried summarily

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6
Q

How can the court calculate the value of criminal damage?

A

If they are part of a series of offences - the court can aggregate the offences

Property destroyed - consider the value of the replacement

If property is damaged - cost of repair or replacement, whichever is the less

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7
Q

How is low value shoplifting approached by the court?

A

If the value is less than £200, summary only

An adult can elect a Crown Court trial - making it an either-way offence

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8
Q

When will someone be arrested?

A

Reasonable grounds to suspect that an offence has been committed

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9
Q

What happens when someone is charged?

A

Custody officer and CPS considers if there is sufficient evidence - contents of interview with investigating officer considered

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10
Q

What happens at the plea stage of a criminal process?

A

Defence considers the evidence - prosecution provides the IDPC

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11
Q

Where do all criminal cases start?

A

Magistrates’ Court

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12
Q

Who adjudicates in a Magistrates’ Court?

A

3 lay magistrates or a full-time district judge

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13
Q

Who adjudicates in the Crown Court?

A

Circuit Judge or a Recorder

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14
Q

Who is the arbiter of law versus fact?

A

Judge - law

Jury - fact

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15
Q

What must D do if they are charged with an either way offence?

A

Indicate a plea in the plea before venue hearing

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16
Q

What happens if someone pleads guilty but magistrates court powers are insufficient for sentencing?

A

MC will commit D to CC for sentencing

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17
Q

What happens regarding venue of trial if D pleads not guilty?

A

MC will hear representations from both prosecution and defence as to what appropriate venue will be

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18
Q

What sentencing power does MC have?

A
  • 1+ summary only offence – 6 months’ imprisonment MAX
  • 1 either-way offence – 6 months’ imprisonment MAX
  • 2+ either-way offences – 12 months’ imprisonment MAX
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19
Q

Can a defendant request an indication of sentence when deciding which court to elect?

A

Yes - court is not obliged to provide, but it can indicate whether a custodial or non-custodial sentence is more likely if D consents to be tried summarily and pleads guilty

If D then pleads guilty - court is bound by its indication

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20
Q

If a MC indicates that D will get a particular outcome, and then they still elect CC trial, is the CC bound by the MC’s indication?

A

No - not binding on any later court

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21
Q

If the MC determines trial on indictment is more suitable, what happens next to D?

A

Appears at the Crown Court for a PTPH within 28 days.

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22
Q

What should happen immediately after an arrest?

A

Taken to a police station as soon as practicable

Any police station is ok unless they will be detained for more than 6 hours

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23
Q

What investigations are reasonable to carry out immediately?

A

Being searched

Taken to somewhere to be searched

Being taken someone to check alibi

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24
Q

What happens at the police station?

A

Custody officer must authorise continued detention

Detainee will be informed of their rights

Non-intimate samples can be taken

Can see a healthcare profession

Can speak to a solicitor

Interviewed

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24
What is the role / requirements of a custody officer?
Responsible for handling and the welfare of suspects Must be at least a sergeant Must be unrelated to the processing of the investigation of the offence
25
When must a custody officer order the release of someone detained?
If they become aware that the ground for detaining the person have ceased to exist
26
What procedural steps must a custody officer undertake?
Open a custody record - consider if there is sufficient evidence to charge the detainee If there are grounds to detain, custody officer can then authorise detention of the suspect, inform detainee of the reason for their arrest, inform detainee of the reason for their detention, and advise of rights
27
What additional welfare duties does the custody officer have?
* Conduct a risk assessment for each detainee * Make special arrangements for detainees who may have specific issues * Arrange interpreters * Deal with detainee’s property * Contact healthcare professionals
28
What should be in a custody record? Who has a right to see it?
Detainee has a right to see the record and solicitor should consult it ASAP * Requirement to inform the person of the reason for their arrest * Circumstances of arrest * Why arrest was necessary * Any comments made by the arrested person
29
What is the role / requirements for a review officer (reviewing detention)?
Carry out checks to make sure that detention is still needed Must be an inspector and unconnected to the investigation
30
Can a review officer be the custody officer?
No
31
When must the first review of detention be conducted?
Not more than 6 hours after the suspect's detention is first authorised
32
After the first review, at what time intervals should subsequent reviews take place?
First review - 6 hours after detention is first authorised Afterwards - every 9 hours
33
What should the review officer do in every review?
Remind detainee of right to free legal advice Be given right to make representations unless asleep / unfit
34
What is the normal time limit for detention
24 hours from when the suspect arrives at the police station
35
What can a suspect be detained for 36 hours, not just 24? e.g. the 24 hour limit is extended by 12 hours
Authorisation must be given before expiry of initial 24 hours but after second review has occurred Grounds must be explained to suspect + in custody record Suspect / solicitor allowed to make representations
36
What criteria must be fulfilled for a police officer to extend a suspect's detention by 12 hours after a 24 hour detention?
Officer of rank of superintendent must authorise continued detention Superintendent or above has reasonable grounds to believe detention needed to secure / preserve evidence Offence must be indictable Investigation conducted quickly
37
How can a police officer continue detention after 36 hours has expired? How many times can they exercise this power? What is the total maximum number of hours
Must apply to a Magistrates' Court Can do this twice, up to 96 hours
38
What grounds must there be to extend detention up to 96 hours?
o Officer of rank of superintended must authorise continued detention o Superintendent or above has reasonable grounds to believe detention needed to secure / preserve evidence o Offence must be indictable o Investigation conducted quickly
39
What are the three continuing rights of a suspect which are exercisable at any stage during the period in custody?
* Right to consult with a solicitor + free independent legal advice available * Right to have someone informed of their arrest * Right to consult the Codes of Practice (COP)
40
When must a suspect be told of their right to consult a solicitor?
o Commencing / restarting an interview o Providing intimate sample o Intimate drug search o Identification parade
41
What happens if a suspect if interviewed without being allowed to consult a lawyer
Major implications for the admissibility of evidence
42
What should you do if a suspect changes their mind mid interview about wanting a lawyer?
Stop the interview, and start again when they get a lawyer
43
How long can you delay the right to consult a solicitor?
36 hours maximum
44
What grounds must be present for the right to delay access to a solicitor?
o Detention for indictable offence o Authority granted by police officer of at least rank of superintendent o Superintendent has reasonable grounds to believe that the exercise of right will lead to any / all of the following consequences  Evidence tampering  Harm to others  Alerting others suspected of committing offence  Hinder recovery of property in connection with an offence  Benefitting from criminal conduct
45
When may it be particularly justifiable to deny access to a solicitor?
When they have a named solicitor in particular - much harder to deny a general access to any solicitor
46
How long can you delay the right to have someone informed of the arrest?
36 hours
47
What criteria must be fulfilled to be able to delay notification of a 3rd party about arrest?
o Indictable offence or either-way o Authority to delay granted in writing by at least rank of inspector o Inspector has reasonable grounds to believe that the exercise of right will lead to any / all of the following consequences  Evidence tampering  Harm to others  Alerting others suspected of committing offence  Hinder recovery of property in connection with an offence  Benefitting / in process of benefitting from criminal conduct
48
What difference is there in the grounds to delay the right to a lawyer, versus delay right to notification of a 3rd party
Lawyer: Superintendent, indictable only offences Notification: inspector, either-way or indictable Easier to justify delay of notification - less fundamental right
49
Who has the right to an appropriate adult?
Under 18 o Mentally disordered people o Otherwise mentally vulnerable o Anyone who an officer has been told in good faith may be mentally disordered / vulnerable
50
Who can be the appropriate adult for someone under 18?
o Parent o Guardian o Representative of care authority / voluntary organisation o Social worker o Anyone over 18 who is not a police employee
51
Who can be the appropriate adult to someone mentally disordered?
o Parent o Guardian o Relative o Someone who has experience in dealing with people - they must be 18+ and have experience dealing with such people
52
Who is specifically excluded from acting as an appropriate adult?
o Solicitor / legal representative for the suspect o Anyone suspected of involvement in the offence o Victim / witness of offence o Involved in investigation o Someone who has received admissions from the person detained before acting as an appropriate adult Low IQ Estranged parent
53
What is the role of the appropriate adult?
Ensure person understands what is happening / why Support / advise and assist detained person Observe police are behaving properly assist in communication Ensure detained person understands their rights and that those rights are protected and respected
54
When can a young / mentally disordered person be interviewed / provide a written statement without an appropriate adult?
Delay would lead to: Interference with / harm to evidence connected with an offence Interference with / physical harm to other people Serious loss / damage to property Alerting other suspects Hindering recovery of property obtained in commission of offence
55
When can the right to an interpreter be restricted?
Approved by officer of rank of superintendent or above risk of the following: o Interference with / harm to evidence o Interference with / harm to other people o Serious loss / damage to property
56
What do the Codes of Practice say about the treatment of suspects in a police station?
Not more than one person per cell Cells heated / cleaned and ventilated Bedding supplied Toilet and washing facilities made available Reasonable replacement clothes Enough food
57
When must a suspect be cautioned during an interview?
Before hand After any break
58
Who is likely to lead an interview
Investigating Officer
59
List rankings of police
Constable Sergeant Inspector Chief Inspector Superintendent Chief Superintendent
60
What should be disclosed to the defendant and their solicitor before any interview?
Any significant statement Custody record
61
What is a significant statement?
Any statement capable of being used in evidence - any direct admission of guilty
62
What should a solicitor do before an interview?
Get pre-interview disclosure Have an opportunity for a private consultation with their client
63
What should a solicitor do during an interview?
Protect client's interest and advance their case Consider intervening in a number of circumstances - Information or evidence is produced that was not disclosed pre-interview -Inappropriate questioning happening - Inappropriate behaviour -Client needs more advice - Break needed
64
What is the definition of an interview?
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence

Criminal Law and Practice (8 decks)

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