Preliminaries to Prosecution Flashcards
(46 cards)
What are the grounds for arrest without a warrant ?
- About to commit an offence
- In the act of committing an offence
- Reasonable grounds to suspect about to commit / committing
- Offence has been committed and:
person is guilty or
there are reasonable grounds to suspect guilt
What are the necessity conditions for arrest?
- To ascertain name or address
- To prevent injury, damage, obstruction or offence
- To protect vulnerable people
- To allow prompt/effective investigation
- To prevent disappearance
What makes an arrest lawful in procedural terms?
- Inform the person they are under arrest
- State the grounds for arrest
- Caution them as soon as practicable
What are the caution words?
“You do not have to say anything…” etc.
When is arrest with a warrant available?
- On information under oath
- For indictable or imprisonable offences or where address is uncertain
- Bench warrants can be backed/not backed for bail
Can force be used during arrest?
- Yes, if reasonable
- Force must be proportionate and necessary
- Serious injury does not automatically make force unreasonable
What happens after arrest?
- D taken to police station ‘as soon as practicable’
- Custody officer authorises detention
- Custody record opened
What is the custody officer’s role?
- Must be a sergeant or above
- Must not be involved in investigation
- Authorises detention, reviews necessity
- Records all details in custody record
What are the detention time limits under PACE?
Normal maximum: 24 hours
Extend to 36 hours– by superintendent, indictable offence
Extend to 96 hours – by magistrates’ court
What are the review intervals?
- First review: within 6 hours of authorisation
- Then every 9 hours
- Done by an inspector or above
What are a detainee’s key rights under PACE?
- Consult a solicitor
- Have someone informed of arrest
- Consult the Codes of Practice
When can access to a solicitor be delayed?
- Indictable offence
- Superintendent authorises delay in writing
- Must believe legal advice will risk:
Harm to evidence
Harm to others
Alert other suspects
Hinder recovery of property
When can right to inform someone of arrest be delayed?
- Indictable offence
- Inspector authorises delay
- Same risk conditions as above
Who is entitled to an appropriate adult?
- Anyone under 18
- Anyone suspected to be mentally disordered or vulnerable
What is the role of an appropriate adult?
- Ensure understanding of process
- Support and assist detainee
- Observe and intervene if necessary
- Facilitate communication
- Protect suspect’s rights
What is the definition of an interview?
Questioning a person about their involvement or suspected involvement in an offence
What are key requirements for a lawful interview?
- Must be under caution
- Recorded contemporaneously
- Must give sufficient pre-interview disclosure
- Must avoid inappropriate questioning
What are ‘significant statements’ and when must they be disclosed?
- Direct admissions of guilt
- Must be put to the suspect at the start of the interview
Can interviews proceed if the suspect is unfit?
Only with Superintendent’s authority
When can confession evidence be excluded?
- Oppression: threat, violence, inhuman treatment
- Unreliability: something said/done making the confession unreliable
When can evidence be excluded?
- If admitting it would have an adverse effect on the fairness of proceedings
- Can apply to any prosecution evidence
What is the solicitor’s role at the police station?
The solicitor’s only role at the police station is to protect and advance the legal rights of their client. This may include giving advice that has the effect of the client avoiding giving evidence that would strengthen the prosecution’s case. The solicitor may intervene to:
- Seek clarification
- Challenge improper questions or their manner
- Advise the client not to reply to particular questions
- Give further legal advice
What does the concept of “active defence” entail for solicitors at the police station?
Active defence means the solicitor should actively defend and promote the client’s interests by:
- Obtaining as much information from the police as possible
- Fully advising the client in accordance with professional obligations
- Advising on investigation issues (e.g. samples, detention extensions, searches, bail)
- Attending and advising during interview
A solicitor must not adopt a passive role or simply sit and take notes.
Why is it essential for a solicitor to take contemporaneous notes at the police station?
- Notes may be needed as evidence at trial concerning disclosure, police conduct or advice given
- They add credibility if the solicitor must testify
- Taking accurate notes is a vital part of police station practice despite being difficult in real time