Prelimenaries to proseuction 3

Police station advice

All suspects entitled to free legal advice at the police station regardless of means.

Defence Solicitor Call Centre (DSCC)

System through which suspects access free advice; telephone only for non-imprisonable offences.

Accredited representative

A solicitor, trainee, paralegal or ex-police officer accredited to give advice at the police station under Legal Aid Agency (LAA) contract.

Representation order

Public funding for defence in court; must pass means test and merits (interests of justice) test.

Means test

Financial eligibility check; differs for magistrates’ and Crown Court.

Passported defendants

Automatically pass means test: under 18 or on specified welfare benefits (e.g. Universal Credit).

Means test (Crown Court)

Assesses income and capital (with £30,000 allowance). May require contribution from income or assets.

Merits test (Interests of justice)

Determines seriousness/complexity of case; uses CRM14 form and 10 propositions.

Automatic merits test pass

Indictable-only offence or either-way offence sent to Crown Court.

10 propositions (examples)

I will lose liberty; risk of livelihood loss; serious damage to reputation; complex law; difficulty understanding proceedings; need to trace/interview witnesses; expert cross-examination required; interests of another person; other reasons.

Hardship/eligibility review

Application possible if means test fails or contribution order is unfair (e.g. high costs, errors, changed circumstances).

Failing the means test

No right of appeal, but may reapply if circumstances change.

Failing the merits test (Magistrates’ Court)

Can appeal online to the Legal Aid Agency.

Duty solicitor

Available if charged with an imprisonable offence; can represent once (usually at first hearing).

Private representation

Option if defendant does not qualify for legal aid.

Self-representation

Defendant may represent themselves with court support if they fail both tests and do not pay privately.

Criminal justice process

Begins with arrest and charge, or written charge and requisition, or laying an information.

Plea

Guilty → sentence; Not guilty → trial → verdict → guilty (sentence) or not guilty (acquittal).

Who makes charging decisions?

Generally Crown Prosecutors (CPS) exercising powers of the DPP.

Police charging powers

Police (custody officer) can charge some summary offences (e.g. road traffic offences, s.5 Public Order Act, low-value shoplifting, criminal damage under £5,000).

Crown Prosecutors

Exercise DPP’s powers; follow Code for Crown Prosecutors for uniformity.

Associate prosecutors

CPS employees (not lawyers) who may handle bail applications, pre-trial applications, and non-imprisonable summary trials.

Arrest and charge

Most common way of commencing criminal proceedings; charge after detention, police bail, or CPS charging decision.

Pre-charge bail

Used if insufficient evidence (s.34 PACE) or awaiting CPS charging decision (s.37(7)(a) PACE).

Released under investigation (RUI)

Suspect released without bail while investigation continues.

Written charge and requisition

s.29 Criminal Justice Act 2003; prosecutor issues written charge and requisition requiring attendance at magistrates’ court.

Relevant prosecutors

CPS, HSE, DVSA, Environment Agency.

Laying an information

Prosecutor serves information on magistrates’ court → summons or arrest warrant issued. Used for private prosecutions.

Content of charge/information

Must state offence in ordinary language, statutory provision (if any), and particulars of conduct.

Summons

Must state when/where to attend, specify offences, and identify issuing court.

Requisition

Must state when/where to attend, specify offences, and identify issuing authority.

Timing of charge (summary only)

Must be brought within six months of the offence (s.127(1) MCA 1980).

Timing of charge (indictable)

No time limit.

Burden of proof (timing disputes)

Prosecution must prove proceedings brought within time limit.

Police ranks

Constable → Sergeant → Inspector → Chief Inspector → Superintendent → Chief Superintendent.

Custody officer rank

Must be at least a Sergeant.

Investigating officer

May also be called interviewing officer or officer in the case.

Custody officer

May also be called custody sergeant; decides whether to detain suspect.

Grounds for detention

Necessary to secure/preserve evidence or obtain evidence by questioning.

Custody record

Document recording everything that happens to a suspect at the police station.

Three fundamental rights

(1) Free & independent legal advice; (2) Have someone notified of arrest; (3) Consult Codes of Practice.

Duty solicitor

Independent criminal practitioner from DSCC pool; not employed by police; government-funded if accredited.

Delay of legal advice

Only for indictable offences; authorised by Superintendent; max 36 hours; must have reasonable grounds (s.58 PACE).

Delay of notification of arrest

Only for indictable offences; authorised by Inspector; limited duration (e.g. until search complete) (s.56 PACE).

Detention clock (normal)

Max 24 hours from relevant time (arrival at police station).

Detention extension (Superintendent)

+12 hours (to 36 hours total) if indictable offence, reasonable grounds, diligent investigation.

Detention extension (Magistrates’ Court)

Warrant of further detention; up to 96 hours total.

Relevant time

Time suspect arrives at police station.

Reviews of detention

First review within 6 hours, then every 9 hours; carried out by Inspector or above.

Food/drink rights

Suspects must be provided with food/drink (Code C).

Appropriate adult

Required for juveniles/vulnerable suspects; ensures understanding, support, requests legal advice if needed.

Who cannot be appropriate adult

Solicitor, victim, witness, anyone in investigation, under 18, or conflicted family member.

Appropriate adult examples

Parent, guardian, or youth offending team member.

When appropriate adult must be present

During interviews, charge, involvement discussions, identification procedures.

Identification procedures (Code D)

VIPER (video parade), live parade, group identification, confrontation.

Photo ID

Used if suspect not yet known.

Visual identification requirement

If ID disputed, some form of procedure must be held.

Covert procedures

Last resort; only if suspect refuses other procedures.

Safeguards in identification

Correct number of people, suspects/witnesses kept apart, independent organising officer.

Means test (Magistrates’ Court)

• Eligible if gross income ≤ £12,475.
  
  

• Ineligible if ≥ £22,325.
  
  

• Between = full means test (CRM15 form).

Means test thresholds (Crown Court)

• Ineligible if disposable income ≥ £37,500.
  
  

• Eligible without contribution if ≤ £3,398.
  
  

• Eligible with contribution if £3,399–£37,499.