JY
2 – Preliminaries to Prosecution (3)
Interviews – Code C
Caution not necessary when question is for other purposes. Eg
o Solely to establish ID or vehicle ownership
o Obtain info re statutory requirement (eg statutory drink driving procedure)
o In furtherance of proper and effective search (if q goes further, caution necessary)
o Verifying written record of comments made by person outside of interview
Q-ing about offence following grounds to suspect amounts to interview
Cautions and Special Warnings
Unnecessary if Qs are preliminary in nature (eg ascertaining, in furtherance of search etc)
No adverse inferences if solicitor requested but not provided
o You do not have to say anything. Anything you do say may be given in evidence.
Significant Statements / Silence
Put to D first right after caution, if interview at station or other authorised place
o ‘significant statement’ – eg confession, can use against D, not part of offence
o ‘significant silence’
Conduct of the Interview
Must not indicate to D what will happen if he refuses to answer any Qs
o If D asks, police may inform D of proposed action if proper and warranted
Should not induce D to admit guilty by offering lenient penalty
May ask hypothetical Qs, but approach with care
Positive duty of police to not actively mislead D, but not every trick results in exclusion
Interview should cease
When interview satisfied that:
All relevant Qs asked, D allowed to explain, tested those explanations
Sufficient evidence for realistic prospect of conviction (ie charge), and D says all he wishes
to say. Q may only last while insufficient info/evidence to charge
Recording Relevant Comments
Any relevant comments by D outside interview must be recorded, and if poss, give D
opportunity to verify
Special Categories of Persons
Juvenile, Mentally Disordered Person, Vulnerable Person
AA unless interview (incl outside station) authorised by min superintendent
Don’t interview J at school—exceptional + authorised by principal; notify parents
Anything AA related, consent from J and AA if J is 14-17; if U14, only AA consent req
Don’t be AA if received admissions from J before
Interviewee Deaf or Doubt about his Speaking/Hearing Ability
No interview w/o interpreter unless consent, authorised (incl outside station)
1
, JY
Intoxicated Persons, don’t interview unless authorised
Interview after Charge
Generally, cannot interview D after he has been charged unless:
1. Police wishes to show D statement/interview of another person. Can only give Doc to
D, don’t say/invite reply other than caution.
2. Interview deemed necessary to prevent/minimise harm to public; clear ambiguity in
previous statement; new info came up and IoJ to put it to D for comment.
Suspects’ Rights
Right to see a solicitor (s58(1) PACE)
Must inform of right upon arrival; if D declines (explain via phone, ask why and record)
Exceptions (obvious), and delay possible when indictable + superintendent authorised
(explain to D why)
Legal aid D has right to a lawyer, not named; contact Defence Solicitor Call Centre first
Right to have someone informed of arrest (s56 PACE) (notification)
Obvious exceptions (harm to others or prop, alerting other people etc), give D writing
material on request, 1 call for reasonable time
Right to consult the codes – can consult but no right to delay
Charging Process
offences custody officer may decide to charge
any summary + criminal damage <£5k (irrespective of plea)
EiW if anticipated G plea and MC trial suitable (unless involving DPP consent, serious shit
incl. death, affray violent disorder, GBH/ABH, sex offence against minor
offences CPS must decide to charge
offences (incl. connected to those) not chargeable by custody officer / indictable only
Sufficient Evidence to Charge
released without charge and bail / kept in detention for DPP to decide – sufficient
evidence / if so, whether to charge (what charge) / release without charge (bail?)
CPS Charging Decision
Full code test
Sufficient evidence for realistic prospect of conviction; if so, in public interest?
Threshold test
Insufficient evidence + RGTB further evidence in reasonable period + seriousness of case
justify immediate charging decision + substantial grounds to object bail
Polices Powers and Preliminaries to Investigation
Reasonable grounds for suspecting
2
, JY
reasonable = objective, based on facts, info, intel (need not be admissible in evidence)
arresting officer AND reasonable person must have reasonable suspicion at time
arresting officer must suspect a kind of offence (does NOT need specific offence)
Reasonable force
whenever consent of D not required; excessive doesn’t make arrest unlawful
Handcuff only when reasonably necessary to prevent escape / violence (same in court)
o May constitute trespass if unjustifiably used even if arrest lawful
D can resist unlawful arrest using reasonable force (CL)
Arrest without warrant
Not arrest handcuffed and told would be arrested later
D about to / is committing / officer has reasonable suspicion committed by D
Officer has RGFB that arrest necessary to ID D / prevent D from causing harm to self or
others incl property etc, protect child, allow investigation, prevent disappearance etc
Should be satisfied that objectives can’t be met by less intrusive means
Can’t re-arrest D released without charge unless new evidence
Effecting the arrest
Reasons for Arrest
Record reason at time of arrest or soon after; if reason given for arrest unlawful remains
unlawful even if there was lawful reason uncommunicated
Arrest on holding charge – arrest on lesser charge to investigate more serious offence
o Reasonable grounds to arrest on lesser charge + real poss. of charge being brough
Can search if RBFB D may present danger. No more than glove/coat, but mouth OK.
Take to station ASAP (unless carry out investigation or street bail)
If anticipated more than 6 hours, must detain in designated station
Arrest for Breach of Peace
Anyone can arrest D on reasonable belief. Must be to bring D to authority. Arrest lawful
even if D released before court.
Arrest Under Warrant
May be endorsed with bail. If endorsed, may specify sureties. If so, D released on bail once
sureties enter into recognizance.
CC can also issue summon/warrant (backed by bail)
Detention and treatment of suspects at the Police Station
Custody Officer (at least sergeant), uninvolved in case unless exceptional circumstances
Custody Record – D signs, solicitor/AA has right to see
Review Officer monitors detention (ongoing). If detention without charge, uninvolved and
minimum inspector. Always allow solicitor/AA to make representations
Detention vs Custody at station
Detention if arrested and taken to station or arrested at station following interview
3
, JY
D at court after being charged is not in detention.
Timetable for detention
Time Offence Authorisation
Up to 24 hours Any Custody officer
Up to 36 hours Indictable offences Officer of rank
superintendent+
Up to 96 hours Indictable offences Mags'
Note vulnerable max reduced from 72 to 24 (can be extended by 12 where authorised
by responsible medical practitioner)
Arrested D arrives at station, or 24 hours after arrest (whichever is earlier)
Rearrested on new evidence counts as further arrest new relevant time
If arrested for failing to surrender, relevant time original offence minus time on bail
If hospital, don’t count travel time, unless questioned (don’t Q without doctor approval)
If street bail time is from original detention minus time on bail or on the run
Commencing Proceedings – Securing D's first appearance in MC
1. Arrest + Charge
D arrested + charged (after police seek advice from CPS)
D arrested + bailed to specific date. CPS decides charge, police charge on D’s return
2. Written Charge + Requisition
i. D arrested + bailed whilst CPS decide. D served written charge and requisition
3. Information + Summons / Arrest Warrant
i. Information laid with MC, MC issues summons (private prosecutions only)
ii. Information laid with MC, MC issues arrest warrant (public and private prosecutions)
Written charge + requisition (post 2003 procedure for public pros)
written charge - when issued begins proceedings; and requisition - issued at same time
Advantage Over Laying Information + Obtaining Summons (pre-2003 for public pros)
administrative process: pros can start proceedings without court having a say
speed up process - matter does not have to be approved by clerk / justice
Issue arrest warrant
may apply to MC instead of requisition (D fails to answer requisition, FTS etc)
Conditions information in writing; offence indictable or imprisonable; D is a J or no fixed
abode; and proceedings before JP, not clerk.
3 – Bail and Remand (4)
Definition
Adjournment either bailed or remanded in custody
4
2 – Preliminaries to Prosecution (3)
Interviews – Code C
Caution not necessary when question is for other purposes. Eg
o Solely to establish ID or vehicle ownership
o Obtain info re statutory requirement (eg statutory drink driving procedure)
o In furtherance of proper and effective search (if q goes further, caution necessary)
o Verifying written record of comments made by person outside of interview
Q-ing about offence following grounds to suspect amounts to interview
Cautions and Special Warnings
Unnecessary if Qs are preliminary in nature (eg ascertaining, in furtherance of search etc)
No adverse inferences if solicitor requested but not provided
o You do not have to say anything. Anything you do say may be given in evidence.
Significant Statements / Silence
Put to D first right after caution, if interview at station or other authorised place
o ‘significant statement’ – eg confession, can use against D, not part of offence
o ‘significant silence’
Conduct of the Interview
Must not indicate to D what will happen if he refuses to answer any Qs
o If D asks, police may inform D of proposed action if proper and warranted
Should not induce D to admit guilty by offering lenient penalty
May ask hypothetical Qs, but approach with care
Positive duty of police to not actively mislead D, but not every trick results in exclusion
Interview should cease
When interview satisfied that:
All relevant Qs asked, D allowed to explain, tested those explanations
Sufficient evidence for realistic prospect of conviction (ie charge), and D says all he wishes
to say. Q may only last while insufficient info/evidence to charge
Recording Relevant Comments
Any relevant comments by D outside interview must be recorded, and if poss, give D
opportunity to verify
Special Categories of Persons
Juvenile, Mentally Disordered Person, Vulnerable Person
AA unless interview (incl outside station) authorised by min superintendent
Don’t interview J at school—exceptional + authorised by principal; notify parents
Anything AA related, consent from J and AA if J is 14-17; if U14, only AA consent req
Don’t be AA if received admissions from J before
Interviewee Deaf or Doubt about his Speaking/Hearing Ability
No interview w/o interpreter unless consent, authorised (incl outside station)
1
, JY
Intoxicated Persons, don’t interview unless authorised
Interview after Charge
Generally, cannot interview D after he has been charged unless:
1. Police wishes to show D statement/interview of another person. Can only give Doc to
D, don’t say/invite reply other than caution.
2. Interview deemed necessary to prevent/minimise harm to public; clear ambiguity in
previous statement; new info came up and IoJ to put it to D for comment.
Suspects’ Rights
Right to see a solicitor (s58(1) PACE)
Must inform of right upon arrival; if D declines (explain via phone, ask why and record)
Exceptions (obvious), and delay possible when indictable + superintendent authorised
(explain to D why)
Legal aid D has right to a lawyer, not named; contact Defence Solicitor Call Centre first
Right to have someone informed of arrest (s56 PACE) (notification)
Obvious exceptions (harm to others or prop, alerting other people etc), give D writing
material on request, 1 call for reasonable time
Right to consult the codes – can consult but no right to delay
Charging Process
offences custody officer may decide to charge
any summary + criminal damage <£5k (irrespective of plea)
EiW if anticipated G plea and MC trial suitable (unless involving DPP consent, serious shit
incl. death, affray violent disorder, GBH/ABH, sex offence against minor
offences CPS must decide to charge
offences (incl. connected to those) not chargeable by custody officer / indictable only
Sufficient Evidence to Charge
released without charge and bail / kept in detention for DPP to decide – sufficient
evidence / if so, whether to charge (what charge) / release without charge (bail?)
CPS Charging Decision
Full code test
Sufficient evidence for realistic prospect of conviction; if so, in public interest?
Threshold test
Insufficient evidence + RGTB further evidence in reasonable period + seriousness of case
justify immediate charging decision + substantial grounds to object bail
Polices Powers and Preliminaries to Investigation
Reasonable grounds for suspecting
2
, JY
reasonable = objective, based on facts, info, intel (need not be admissible in evidence)
arresting officer AND reasonable person must have reasonable suspicion at time
arresting officer must suspect a kind of offence (does NOT need specific offence)
Reasonable force
whenever consent of D not required; excessive doesn’t make arrest unlawful
Handcuff only when reasonably necessary to prevent escape / violence (same in court)
o May constitute trespass if unjustifiably used even if arrest lawful
D can resist unlawful arrest using reasonable force (CL)
Arrest without warrant
Not arrest handcuffed and told would be arrested later
D about to / is committing / officer has reasonable suspicion committed by D
Officer has RGFB that arrest necessary to ID D / prevent D from causing harm to self or
others incl property etc, protect child, allow investigation, prevent disappearance etc
Should be satisfied that objectives can’t be met by less intrusive means
Can’t re-arrest D released without charge unless new evidence
Effecting the arrest
Reasons for Arrest
Record reason at time of arrest or soon after; if reason given for arrest unlawful remains
unlawful even if there was lawful reason uncommunicated
Arrest on holding charge – arrest on lesser charge to investigate more serious offence
o Reasonable grounds to arrest on lesser charge + real poss. of charge being brough
Can search if RBFB D may present danger. No more than glove/coat, but mouth OK.
Take to station ASAP (unless carry out investigation or street bail)
If anticipated more than 6 hours, must detain in designated station
Arrest for Breach of Peace
Anyone can arrest D on reasonable belief. Must be to bring D to authority. Arrest lawful
even if D released before court.
Arrest Under Warrant
May be endorsed with bail. If endorsed, may specify sureties. If so, D released on bail once
sureties enter into recognizance.
CC can also issue summon/warrant (backed by bail)
Detention and treatment of suspects at the Police Station
Custody Officer (at least sergeant), uninvolved in case unless exceptional circumstances
Custody Record – D signs, solicitor/AA has right to see
Review Officer monitors detention (ongoing). If detention without charge, uninvolved and
minimum inspector. Always allow solicitor/AA to make representations
Detention vs Custody at station
Detention if arrested and taken to station or arrested at station following interview
3
, JY
D at court after being charged is not in detention.
Timetable for detention
Time Offence Authorisation
Up to 24 hours Any Custody officer
Up to 36 hours Indictable offences Officer of rank
superintendent+
Up to 96 hours Indictable offences Mags'
Note vulnerable max reduced from 72 to 24 (can be extended by 12 where authorised
by responsible medical practitioner)
Arrested D arrives at station, or 24 hours after arrest (whichever is earlier)
Rearrested on new evidence counts as further arrest new relevant time
If arrested for failing to surrender, relevant time original offence minus time on bail
If hospital, don’t count travel time, unless questioned (don’t Q without doctor approval)
If street bail time is from original detention minus time on bail or on the run
Commencing Proceedings – Securing D's first appearance in MC
1. Arrest + Charge
D arrested + charged (after police seek advice from CPS)
D arrested + bailed to specific date. CPS decides charge, police charge on D’s return
2. Written Charge + Requisition
i. D arrested + bailed whilst CPS decide. D served written charge and requisition
3. Information + Summons / Arrest Warrant
i. Information laid with MC, MC issues summons (private prosecutions only)
ii. Information laid with MC, MC issues arrest warrant (public and private prosecutions)
Written charge + requisition (post 2003 procedure for public pros)
written charge - when issued begins proceedings; and requisition - issued at same time
Advantage Over Laying Information + Obtaining Summons (pre-2003 for public pros)
administrative process: pros can start proceedings without court having a say
speed up process - matter does not have to be approved by clerk / justice
Issue arrest warrant
may apply to MC instead of requisition (D fails to answer requisition, FTS etc)
Conditions information in writing; offence indictable or imprisonable; D is a J or no fixed
abode; and proceedings before JP, not clerk.
3 – Bail and Remand (4)
Definition
Adjournment either bailed or remanded in custody
4
