What is S24(1) PACE?

HINT: 24 boys and girls about to smash window

What is 24(2) PACE?

HINT: 2 reasonable police officers

What is S24(3) PACE?

HINT: called a mate policeman

What is S24(4) PACE?

Hint: Sergeant at station questioning officer.

What is S24(5)?

HINT: 5 is 6

Sets out code G - is arrest necessary?

a) Name

b) address

C) prevent physical injury to himself

d) protect child/vulnerable person

e) allow prompt and effective investigation

Private citizens arrest

Only indictable offences

S28 PACE?

Person must be told facts of his arrest

Grounds for it

Nature of offence 

Must be communicated even if obvious

S117 PACE?

HINT: POLICE OFFICER PUNCHED HIM 117 TIMES!

Reasonabe force may be used to arrest

What does Code C say about cautions?

Someone must be cautioned before arrested

"You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court".

S30 PACE?

Arrested person must be taken to a designated police station 

Facilities for interview

S30A PACE?

Police can grant street bail to arrested individual

avoids need to attend police station

saves time

S32(1)-(4)

HINT: SEARCH

Police can search an arrested person if:

a) present danger to himself/others

b) may have concealed something to escape

c) may have concealed evidence

S32 PACE?

HINT: JACKET

Does not give police power to require anyone to take off more than jacket/gloves in street 

Do authorise police to search mouth

S51 CRIMINAL JUSTICE AND POLICE ACT 2001

Hint: seizure

Gives additional powers to police to seize items from a person

Ie may seize handheld computers/correspondence in suitcase

S29 PACE?

Hint: volunteers

S39(1) pace?

Hint: the shop had 391 records!

S54 PACE?

Hint: Strip

Custody officer can search arrested person

may seize/retain property

may order strip search by someone of same-sex

may be done with reasonable force! :O

S63B PACE?

Hint: Tony Stonem

Can detain suspects over 18 to test for Class A drugs

Before charge or after charge

May demand urine sample

S37(2) PACE

Hint: Free food!

Custody officer can autorise detention without charge

reasonable grounds necessaary

secure/preserve evidence

obtain evidence questioning

S41 PACE?

Hint: detention without charge

Initial time limit for detention without charge 24 hours

S42(1) PACE 1984

Hint: indictable offence further deteniton

Superintendent can authorise further period of detention without charge

12 hours

Longest detention without charge made by police 36 hrs

S43 PACE?

Hint: warr further detention

Police must apply to Mag court for warrant of further detenton

before first 36 hours elapsed

Give further 36 hrs = 72 hours 

S44 PACE?

Hint: final grant of detention without bail

Mag grant one further period of 24 hours

Maximum time detention without charge = 96 hours

S40 PACE?

Hint: This suspect has been here for 40 days without a review!!!

Police custody officer must make regular reviews.

First one 6 hrs after arrest, then every 9 hrs

At least inspector

independent of investigation

video conferencing available

S58 PACE?

Hint: solicitor

Arrested person entitled to consult solicitor

privately

any time

request must be noted custody record

S58(6) PACE?

Hint: You set off 586 bombs, youre not getting a bloody solicitor!!

Right to solicitor may be delayed

strict circumstancs

terrorists

indictable offences

Annex B Code C

S56 PACE?

Hint: Please pick me up!

Entitled to let someone know youve been arrested

may rarely be denied for indictable offences temporarily

S78 PACE?

Hint: He bullied me into confessing! He said if i didnt confess straight away, he would pull out 78 of my hairs!

S3(B) PACE?

Hint: I saw him on the camera!

S61 PACE? 

Governs fingerprinting 

written consent

not necessary though 

reasonable force if over 10

can be taken away from police station -  NAFIS

s61(A) PACE?

Hint: What  big feet you have! Size 61!

Police can take footwear impressions for ID

recordable offences

S54(A) PACE?

Hint: tattoo

Allows police to examine detainees for the purposes of ID

birth marks/ tattoos

can photograph any marks

S64(A) PACE?

HINT: The man was so ugly, I took 64 pictures of him

Gives police power to photograph suspects 

in station/elsewhere

no consent

reasonable force

S63 PACE?

Hint: 69 

Police can take non intimate samples

ask consent

not necessary

salive/footprints/hair

S62 PACE?

Police can take intimate samples

inspector must authorise

reasonable grounds for proving innocence/guilt

consent required

if refuse, may draw advese inferences

S46(1) PACE?

Hint: bail refused

Where bail refused, susepct must be put before a Mag court within 24 hours

soon as reasonably practicable

S47(3) PACE?

Hint: CONDITIONS

Instead of remanding suspect in custody pending hearing, may grant bail with conditions

reporting/curfew/prohibiting contact/residence

not allowed to make reside in bail hostel

S58 PACE?

Hint: 58 solicitors to choose from in the police station!

Everyone is entitled to free legal advice in police station

in private 

Searching premises

book store

Detention, treatment and questioning under TA 2000

Terrorist Act

right to legal advice

right to inform of detention

right to rest, food and exercise

cautioning

charging suspect

1) presumed inncoent until proven guilty

2) burden on prosecution

3)CDS may provide publicly funded legal advice

4) person has right not to answer questions/not give evidence

5) evidence may be inadmissible

6) disclosure rules

7) more rights than prosecution

8)must not infringe ECHR rights

Art 3 HRA

Prohibition of torture of inhumane or degrading treatment

Art 5 ECHR

Right to liberty and security of person

Art 6 ECHR

Right to a fair trial

Art 8

Right to respect for private life, family life, home and correspondence

What are absolute rights?

Can never be departed from in any circumstances

Art 3

What are limited rights?

May be breached without infringing ECHR provided the breach is permitted

Art 5: arresting for a crime

What are qualified rights?

rights that can be breached in certain circumstances

Art 6: right to fair trial 

What does Part 1 of the CrPR say about criminal cases being dealt with justly?

a) acquitting innocent and convicting guilty

b) dealing with prosecution and defence fairly

c) recognising rights of defendent

d) respecting rights of witnesses/victims/jurors

e) dealing with case efficiently

f) ensuring info available for bail

When do prosecutions start?

accused being asked to attend court for hearing

When do the formal commencement of criminal proceedings begin?

accused being arrested and charged/ having requisition issued

What are the three classifications of offence?

1. Summary-only

2. Either-way

3. Indictable-only

What are the 7 stages of the criminal procedure?

1. police investigate

2. arrest, questioning and charge (or release)

3. commencement of proceedings by req/summons

4. one/more court hearings if not guilty plea

5. conviction (if guilty)/ acquittal (not guilty)

6. sentence (if guilty)

7. appeal

What is the name of the procedure that decides which court an appeal will be heard?

Allocation hearing

Give some examples of summary offences

speeding

failing to stop at a red traffic light

careless driving

common assault

assaulting a police officer

Give some examples of either-way offences

theft

burglary

assault occasioning actual bodily harm

dangerous driving

racially aggravated criminal damage

Give some examples of indictable only offences

murder

rape

robbery

causing death by dangerous driving

They may receive a generous sentencing discount

-cautioned 

-not under arrest

-told free to leave

-entitled to free legal advice

What do custody officers do?

officers normally sergeant

unconnected with investigation

responsible for overseeing detention and interrogation

advise susepects of rights/ handwritten notice

risk assessment

-right to medical help

-right to remain silent

-right to interpretation

-right to be told about their offence/why they're detained

-rights to have access to documents to challenge

-maximum period they can be detained without charge

-when detention must be reviewed

-when release required

-right to have dosclosure of prosecution case

Right to legal advice may be delayed

Adverse inferences cannot be drawn if suspect remains silent

Para 9 Code C

I had 9 bacon cheeseburgers with chips!

Must be reasonable provision for rest, food and exercise

What is a vulnerable suspect?

mentally disordered

18 or under

entitled to have appropriate adult present at police station

When might adverse inferences be drawn by police?

1. do not give evidence in court on his behalf

2. did not account for incriminating objects, substances or marks found on/about his person when arrested

2 hours

Can police officers try and force people to confess?

There must be no inducements to encourage confession

no interviewer shall indicate what action will be taken if the person being questioned answers questions or makes a statement

-necessary to prevent/minimise harm or loss to person/public

-necessary to clear up ambiguity in previous answer

-in interests of justice for detainee to comment

restriction on drawing adverse inferences apply

Annex C Code C

-May be taken with consent

-Not mandatory

-Reasonable force may be used if over 10

What are recordable offences?

on conviction, will be recorded in national police records and which carry a sentence of imprisonment on conviction, or fall within a group of non-imprisonable offences

soliciting/tampering with a motor vehicle

Requirements for video parade?

-officer unconnected

-must be provided details of original description

-8 other people

-other people same position

-unusual features must be replicated

-suspect asked if he objects in any way

-can choose where he stands

-person viewing line up must be told the person he saw may not be there

-witnesses must view at least twice

-will be recorded

-saliva

-footprints

-hair from head

-mouth swabs

can be taken without consent

blood

urine

semen

pubic hair

internal swabs

consent required

adverse inferences drawn if refuse

What are the functions of the Magistrates Court?

-try summary offences

-try either way offences, which allocation hearing says tried summarily

-determining where either way offence should be tried

-passing sentence on D who plead guilty following summary

-Sending D to CC to be tried on indictment

-committing D for sentence to CC

-deciding bail applications

-issuing warrants for arrest/search

What are the two types of Magistrates?

Lay Magistrates

District Judges

What were District Judges formerly known as?

Stipendiary magistrates

What are lay magistrates also known as?

Justices of the Peace

What do lay magistrates do?

appointed by Lord Chancellor upon recomendation from community

not legally qualified

do not receive training, unpaid

26 half day sitting a year

What is a justice's clerk?

appointed from barristers or solicitors

at least 5 years standing

worked at least 5 years as assistants to Justice clerk

responsible for court administration

appears in court 

advise lay bench on matters of law, evidence and procedure

must not make findings in fact

What are the sentencing limitations of the Mag court?

Max is six months for summary matters

S133 MCA 1980

Can be 12 months where 2+ either way offences

What is the max fine Magistrates court can impose?

£5000?

(may have increased to no limit)

When would the Mag court commit a D to the CC to sentence?

S3 Power of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000) 

maximum powers of sentence insufficient

Who can present a case in court?

People who have rights of audience

CPS

solicitor

barrister

accused can conduct own case

Which court do all criminal cases start in?

Magistrates court

What is CJSSS? 

Simple, speedy, summary, criminal justice

November 2007

reduced time between arrest and conclusion of case

ensures first hearing is always effective

WHAT IS SDJ?

stop delaying justice

1 January 2012

initiative from senior judiciary aims to ensure all contested trials in Mag court are fully case managed from first hearing and disposed at second hearing.

a) take plea from accused at first hearing

b) where not guilty plea, for case to be fully case managed at first hearing and listed for trial within 6-8 weeks

Near zero tolerance for adjournments 

does not apply to indictable offences , these will be sent directly to CC

What is an early first hearing?

-straightforward summary ony/indictable 

-police expect guilty plea

-cps prepare expedited streamlined file(dosclosure obligations)

What is an early administrative hearing?

-indictable only cases

-offences where the plea is uncertain

-if plead guilty, proceed straight to sentence

-if not guilty allocation hearing (either way)

-if not guilty summary trial (summary)

What does s57C Crime and Disorder Act 1998 (CDA 1998) say?

permits a Mag court to hear a preliminary hearing via live link from a police station

1. Tries cases on indictment before jury

2. passes sentence on D who is convicted on indictment/committed for sentence by Mag

3. determines app for bail where bail refused by Mag

4. determines appeals against conviction and sentence from decisions made in Mag court

1. It may involve indictable offence

2. may involve allocation hearing where CC has been selected at allocation hearing

-substantive criminal law

-whether disputed evidence should be admitted/exclude

-directions which should be given by the trial judge in the course of summing up

voir dire

1. credibility of witness

2. weight to be accorded to particular evidence 

3. whether the prosecution has discharged its legal burden of proof and proved the D guilt beyond reasonable doubt

High court judge (red judges)

Circuit Judge (300)

Recorder - part time judges (daily paid) practising barristers/solicitors who sit 3/4 weeks a year**

WITHIN 8 DAYS IF D IN CUSTODY

WITHIN 28 DAYS IF D ON BAIL

What is the interest of justice test?

determines whether an applicant is entitles to legal aid based on the merits of the case

if applicant passes this test, he must also pass the means test to qualify for legal aid

What are the different types of publicly funded schemes?

-duty solicitor schemes

-police station advice and assistance

-pre-charge advice and assistant

-advocacy assistance covering rep in court in very limited circumstances

-representation orders covering costs of representing client in full court proceedings in Mag court and CC