Criminal (2)

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What staff make up the CPS?: Solicitors and administrative staff
Run through the ranks of police officer in order, starting with the most senior.: (1) Chief Superintendent
(2) Superintendent
(3) Chief inspector
(4) Inspector
(5) Sergent
(6) Constable
What structure should you follow?: (1) Legal authority (e.g. section);
(2) What criteria that need to be met?
(3) APPLY
(4) If the authority is lawful, how should it be done (e.g. in private/ in writing)
(5) APPLY
How can an officer justify taking a particular action?: Reasonable grounds
What must reasonable grounds be based on?: Something objective
Does s. 1 of PACE (related to stop and search powers) permit the police to search someone for drugs?: No, it does not.
Would s. 1 PACE be the correct authority on which the police could rely to search someone for drugs?: No the power is contained in the Misuse of Drugs Act.
Where are the lengthy rules related to what must be recorded in relation to each search contained?: s. 3 PACE and COP A 4.1 - 4.20 and NFG 15 - 22B
What breaches should you look out for?: (1) No actual legal authority (wrong section);
(2) Not able to show reasonable grounds; or
(3) Conducted unlawfully (incorrect info provided).
What can a breach lead to?: Evidence being excluded.
What acts and sections do you need to consider for the purpose of stop and search?: (a) - S. 1 PACE;
(b) - s. 23 Misuse of Drugs Act;
(c) - s. 60 Criminal Justice and Public Order Act
How should you think about s. 24 of PACE (which deals with arrest without warrant): Think of it as a two part section.

Part 1 - reasonable grounds (s. 24 (1)-(4))
Part 2 - necessary to arrest (s. 24(5))
What sections do you need to consider regarding the information to be provided on arrest?: (1) s. 28 PACE
(2) COP G 3.1 - 3.7
(3) S. 177 PACE
Lewis v Chief Constable of South Wales: An arrest which is not lawful by reason of procedural irregularities can subsequently be rendered lawful by correction of the defective part of the arrest procedure.
An arrest which is not lawful by reason of procedural irregularities can subsequently be rendered lawful by correction of the defective part of the arrest procedure.: Lewis v Chief Constable of South Wales
What sections of PACE govern the role of the Custody Officer?: Sections 36 - 38 PACE
What key times must you note?: (1) Arrival at the Police station
(2) Detention authorised
When does time start that triggers the detention clock, that being the time that the suspect can be held without charge?: Time of arrival at the police station or 24 hours after the time of the person's arrest (s. 41 PACE), whichever is earlier.
What time is used for the purpose of calculating when reviews will take place?: The time that detention was authorised. s.40 PACE.
What is the initial limit that a person can be kept without charge?: 24 hours from arrival at the police station.
After 24 hours in detention from arrival at the police station, what sections do you move to?: Ss. 41 - 44 PACE
How do you know if a sample is intimate or non-intimate.: See s. 65
What section governs the taking of intimate samples?: s. 62 PACE
What section governs the taking of non-intimate samples?: s. 63
Is the consent of a suspect required for the purpose of taking an intimate sample?: Yes.
What might must you advise your client if he refuses consent to the taking an intimate sample?: Adverse inferences could be drawn at court.
Is consent required for the purpose of taking a non-intimate sample?: No. Reasonable force could be used s. 117.
Who needs to authorise the taking of an intimate sample?: An inspector or above
What will impact whether or not taking a sample is probative?: The sample to be taken must add something to the case.
What must be satisfied for the purpose of taking a non-intimate sample?: (1) Under arrest;
(2) No sample already taken as part of the investigation; and
(3) Recordable offence.
Where can you find the definition of a recordable offence?: Code D
How do you remember that Code D deals with Samples, Fingerprints?: Think about it in terms of identification (ID) - See Code D.
When urine samples are taken, can they be used in prosecution?: No they are for the benefit of the court in determining sentencing.
When can the right to have someone notified of the suspect's arrest be delayed? Auth?: S. 56
(1) Indictable offence
(2) Inspector's authority
(3) Interference with evidence/others
(4) Alert others
(5) Hinder the recovery of property
When can the right to legal advice be delayed? Auth?: S. 58 (Extremely rare)

(1) Indictable offence
(2) Superintendent's authority
(3) Interference with evidence/others
(4) Alert others
(5) Hinder the recovery of property
What is an interview?: See COP C 11.1A
What is required for the purpose of an interview to be carried out in the correct way?: (1) Caution
(2) Recorded
(3) Police station
(4) Entitlement to legal advice
What are the implications of not interviewing someone correctly?: Evidence may be excluded

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Number of cards 38

Created By shughes