Prep 2 Police Station Advice and starting Proceedings

Options in an Interview

• Answer Questions

• Go no comment

• Provide a written statement and go no comment

Adverse Inference

A common sense conclusion that is adverse to the interest of a party in proceedings

Mixed Interviews

Not advisable under any circumstances

Factors to consider when advising a client on answering question

• Amount of Disclosure

• Admissibility and strength of evidence

• Client’s account or instructions

• State of the client

• Significant statement

• Possible adverse inferences

Significant Statements under Code of Practice C paragraph 11.4A

One capable of being used in evidence against the suspect

Adverse Inference Defence under s38 Criminal Justice and Public Order Act 1994

No defendant may be convicted solely based on adverse inference

Adverse Inferences under PACE Code C paragraph 6.6 and Annex C

No adverse inference can be drawn where the suspect has not been allowed access to legal advice

Adverse Inferences under s34 Criminal Justice and Public Order Act 1994

An adverse inference may be drawn if the defendant later relies on a fact in their defence that was not offered at the time of questioning

Cautioning

If the suspect is not cautioned or given a special warning, no adverse inference may be drawn

R v Argent

To draw an adverse inference, the fact must have been something that was reasonable to have mentioned

Adverse Inferences under s36 Criminal Justice and Public Order Act 1994

When the suspect fails to account for an object, substance or mark found on them at the time of arrest

Adverse Inferences under s37 Criminal Justice and Public Order Act 1994

When the suspect fails to account for their presence on arrest at a particular place at or about the time the offence was allegedly committed

Requirements for a Special Warning

• What offence is being investigated 

• What fact they're being asked to account for. 

• This fact may be due to them taking part in the Commission of the offence. 

• A court may draw a proper inference if they fail or refuse to account for this fact. 

• A record is being made of the interview and it may be given in evidence if they are brought to trial. 

Different types of Identification Procedures

• Video Identification

• Identification Parade

• Group Identification

Video Identification

Eyewitness is shown moving images of a known suspect, together with similar images of others who resembled the suspect

Identification Parade

The eyewitness sees the suspect in the line of others who resemble the suspect

Group Identification

The eyewitness sees the suspect in an informal group of people

Formalities for Identification Procedures

• Record of first description given by eyewitness

• Copy of the record given to the suspect/ their solicitor

• Notice must be given to the suspect and relevant information explained

Breach of Code D consequences under s78 Police and Criminal Evidence Act 1984

Evidence may be struck out if the judge determines there has been significant prejudice to the accused

Different forms of commencing criminal proceedings

• Arrest and Charge

• Written Charge and Requisition

• Laying an information

Pre-Charged Police Bail

Can be imposed where there is insufficient evidence to charge and the suspect is released pending further investigation

Requirements for content of a written charge/ information

• Statement of the offence which describes the event in ordinary language. 

• A reference to the statutory provision that creates the offence if it is a statutory offence; and 

• Sufficient particulars of the conduct complained of for the accused to know what is alleged. 

Requirements for content of a summons/ requsition

• Contain a notice setting out when and where the accused is required to attend court; and 

• Specify each offence in respect of which it has been issued. 

Statute of Limitation under s127(1) Magistrates Court 1980

Where the alleged offence is summary only, it must be brought within six months of alleged commission