Prelims To Prosecution Flashcards
(50 cards)
What is consequence of police failure to comply with codes of practice
Not liable for crim/civ proceedings but still admissible as evidence in court where relevant
Define interview
Questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences - must be carried out under caution - can be carried out without arrest
when might caution not be necessary
establish ID or ownership of vehicle
Obtain statutory required info
Further proper and effective conduct of a search
Verify written record of comments outside an interview
Where should an interview be held and what are the exceptions
Police station or other authorised place
Interference with evidence/persons/property
Alert other persons suspected
Hinder recovery of property
To cease when relevant risk ceases
When should caution be given - rule on interpreters
At arrest, commencement/re commencement of interview
Imperfect interpretation does not render invalid so long as essential features communciated
- wording of caution
You do not have to say anything, anything you do say may be given in evidence
Caution is to be given to a person of whom there are grounds to suspect of an offence - practical application of this
If not reasonably suspected does not need caution - if becomes so during interview, then must give caution
Rules about disclosure
Suspect and sol must be given sufficient info to make it possible to understand the nature of the suspected offence and why person is suspected
When is a special warning needed
Where interviewed and asked to account for things in their possession/reason for being in a location
When should a suspect be reminded of right to free legal advice
Prior to commencement/re commencement of interview - unless lawfully delayed
Rule on significant statements - those capable of being used in evidence /direct admissions of guilt
At beginning of interview suspect must have any significant statement/silence made in presence of police officer put to them.
Conduct of the interview - guidelines
Should not actively mislead the suspect
Approach hypotheticals with care
Aware of bullying/oppressive behaviour
when generally should interview cease?
when sufficient evidence has been gathered to provide realistic prospect of conviction - subject to breaks and time limits
How should interviews be recorded?
contemporaneously - if by tape or notes - any notes outside of interview suspect should have opportunity to address
Who requires an appropriate adult and what for ?
child/young person, mentally disordered or vulnerable person
child shout not be interviewed at school without permission of head
when can use of interpreter be excused?
when officer of Superintendent or above authorises satsified that delay causes significant issue as per Code C and would not harm suspect
suspects cannot be interviewed under the inlfuence of…
drugs, alcohol , illness
what is reasonable suspicion?
existence of facts - genuine suspicion on behalf of officer and objective suspicion and be wednesbury reasonable
how do the court determine whether force is reasonable?
all circs - nature and degree of force, gravity of offence, harm that would flow from use of force, possibility of effecting arrest by other means
force resulting in injury does not make it unreasonable alone
when should handcuffs be used?
where reasonably necessary to prevent escape or violent breach of the peace
applies to prisoners in court
what constitutes ‘arrest’
not specific but some deprivation of liberty (more than just restricting movement) consider intent of officer and actual result
when might arrest be unlawful
where arresting officer knows no possibility of a charge being made - even if reasonable suspicion exists - burden to prove is on police
what must suspect be informed of at arrest
being under arrest, on what grounds and for what reason then must be cautioned asap
where must a suspect be taken following arrest
any station unless expected to be over 6 hrs then designated. can go to alt location if it would assist case e.g search premises, assess alibi
