Criminal Litigation SGS 1 Police Powers

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Author:
billsykes
ID:
210135
Filename:
Criminal Litigation SGS 1 Police Powers
Updated:
2013-03-29 14:16:02
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Criminal Litigation
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Criminal Litigation
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  1. In relation to arresting suspects without warrant, which of the following propositions are CORRECT?

    i) A constable may arrest without a warrant anyone who is about to commit an offence;

    ii) A constable may arrest without a warrant anyone who is in the act of committing an offence;

    iii) A constable may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be committing an offence;

    iv) A constable may arrest without a warrant anyone whom he has some grounds for suspecting to be about to commit an offence;

    [A] i), ii), and iv). 

    [B] i), ii), iii)

    [C] All of the above.

    [D] ii), iii), and iv).
    [B] i), ii), iii).

    CORRECT (iv) is the incorrect proposition. (i)-(iii) are taken from s.24 (a)-(c) PACE 1984. See also answer A above.
  2. Dennis Wise has been arrested for possession of a controlled drug (cocaine) with intent to supply, which is an indictable offence. His detention for questioning has been authorised at Gladbury police station.

    Which one of the following statements is INCORRECT?

    [A] Dennis Wise can only be detained for a maximum of 24 hours without charge;

    [B] Dennis Wise can be detained for up to 36 hours without being charged if authorised by an officer holding the rank of Superintendent believes that the Investigation is being conducted diligently and expeditiously;

    [C] Dennis Wise can be detained for up to 96 hours without being charged if authorised by a Magistrates’ Court who find that there are reasonable grounds for believing that further detention is justified;

    [D] Dennis Wise’s detention must be reviewed no later than 6 hours after his detention was first authorized.
    [A] Dennis Wise can only be detained for a maximum of 24 hours without charge; 

    INCORRECT, further detention may be authorised by an officer who holds the rank of Superintendent or above see s42(1) PACE 1984 to a maximum of 36 hours. After that, a magistrates’ court may issue a warrant of further detention for up to 96 hours see s43(1) PACE 1984.
  3. Johnny Weeks is brought to the police station on suspicion of causing criminal damage to a door frame at a hostel for the homeless, which he was staying in, by kicking it repeatedly. The incident was captured on CCTV. The cost to repair it will be £100. He is questioned during an interview with police officers and he makes full admissions. He intends to plead guilty and has no previous convictions.

    Which of the following is a CORRECT way of commencing criminal proceedings?

    [A] The custody officer can decide that there is sufficient evidence to charge Mr Weeks and make the decision to charge him with criminal damage because he intends to plead guilty.

    [B] The decision must be referred to a Crown Prosecutor under the Director’s Guidance on Charging INCORRECT

    [C] The custody officer can decide that there is sufficient evidence to charge Mr Weeks and make the decision to charge him with criminal damage because it is a summary only offence (where the value is below £5,000) and his intended plea is irrelevant. 

    [D] The custody officer can make the decision on charge if authorized to do so by an officer of the rank of Inspector or above and it is not possible to obtain a prosecutor’s authority before the expiry of any relevant detention time limit.
    [C] The custody officer can decide that there is sufficient evidence to charge Mr Weeks and make the decision to charge him with criminal damage because it is a summary only offence (where the value is below £5,000) and his intended plea is irrelevant.

    CORRECT see Director’s Guidance on Charging summarised at D2.4 BCP 2012.
  4. In relation to entry and search without warrant, which of the following propositions are CORRECT?

    i) A constable is empowered to enter and search any premises to arrest a person for an indictable offence; 

    ii) A constable is empowered to enter and search any premises to save life or limb or prevent serious damage to property: 

    iii) A constable is empowered to enter and search any premises to recapture a person who is unlawfully at large whilst liable to be detained in prison; 

    iv) When a person is arrested for an indictable offence, a constable is empowered to enter and search the premises where he was arrested to look for evidence relating to the offence. 

    [A] i), ii), and iv).

    [B] i), ii), iii).

    [C] All of the above. 

    [D] ii), iii), and iv).
    [C] All of the above.

    CORRECT
  5. Where is a defendants first appearance?
    Mag's Court
  6. Dave is charged with murder, where will his first appearance be?
    Mag's!
  7. If the police breach PACE is it a criminal offence?
    No, but it may lead to evidence at trail be disallowed
  8. What is a PC looking for when they conduct a stop and search?
    Stolen or prohibited articles (knives/guns/crowbars)
  9. What must a police officer have in order to undertake a stop and search?
    Reasonable suspicion
  10. What is the test for a reasonable suspicion?
    1. Genuine suspicion (subjective)

    2. Reasonable grounds for suspicion (objective - facts/information)
  11. If a suspect resists arrest, what can police do?
    Use reasonable force, if necessary
  12. When do police need a search warrant?
    When its not possible/practicable to contact the owner to be granted access.
  13. What are the "Big 3" rights when taken into custody?
    1. Right to some being informed of your arrest

    2. Right to consult in private with your solicitor

    3. Right to consult the Codes of Practice
  14. What happens when a suspect first arrives at a police station following arrest?
    Custody officer has a duty to determine if there is sufficient evidence to charge the suspect.

    They will then be released on bail/unconditionally or held in custody.
  15. What are the time limits on detaining suspects?
    Clock starts from arrival at Police station.

    • 1st Review: 6 hours after arrival
    • 2nd Review: 9 hours intervals

    • Summary Max: 24 hours (without charge)
    • Indictable Max: 24 (or more up to 36 hours if authorised by Station Superintend)

    Further 36 hours for indictable offence if warrant for further detention granted from Mag's

    Total Max: 96 hours
  16. What is the test for detaining without charge?
    Is it necessary to secure/preserve evidence?

    Is it to obtain evidence by questioning the suspect?

    Is the investigation is being conducted diligently and expeditiously?
  17. Who charges a suspect?
    Crown Prosecution (lawyer employed by CPS): indictable and eitherway (above CO power) offences

    • Custody officer:
    • Summary only offences
    • Straightforward Eitherway offences
    • Generally less serious offence (no death, GBH/ABH, hate crimes, inv children, dom violence)
  18. What is the full code test for prosecutors?
    Stage 1 (Evidential Stage) - Is there sufficnet evidence for realistic pros. of conviction?

    Stage 2 (Public Interest Stage) - Any public interest issues?
  19. Suspect has been charged. Can he be asked further questions?
    Generally, NO.

    But, yes if its to prevent harm/loss to a person or to clear up ambiguity or new evidence has turned up

    NO ADVERSE INFERENCE CAN BE DRAWN AFTER CHARGE!

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