SA2 ans SA3

SA2 Preliminaries to Prosecution

  1. Codes of Practice Under PACE

    • Importance in guiding police conduct during criminal investigations to ensure fairness and legality.

    • Provide a framework for police powers regarding arrest, detention, and interviews with suspects.

  2. Provisions of Code C

    • Cautions and Special Warnings (C.10)

      • Must be administered at the beginning of police interviews.

      • Reminded after breaks to ensure understanding.

      • Failure to caution is significant but does not automatically exclude evidence.

    • Interviews (C.11)

      • Conducted under caution at designated police stations.

      • No oppression allowed; interviews must be fair.

      • Interviews can cease once reasonable grounds for belief in evidence are met.

      • Detainees with mental vulnerability must be supported by an appropriate adult.

  3. Main Powers of Arrest

    • Must be based on reasonable suspicion; requires an objective basis.

    • Use of reasonable force is allowed when necessary (s117).

    • Arrest without warrant must have valid grounds; failure to explain grounds leads to unlawful arrests.

    • At arrest, individuals must be informed of reasons for their arrest, along with a caution.

    • Arrested can be released without bail or on bail; detention must be authorized by a custody officer.

    • Arrest under warrant requires magistrate or Crown Court issuance based on written information.

    • Right to consult a solicitor is mandatory for all suspects in custody.

    • Detention time limits are generally 24 hours, extendable with proper authorization.

  4. Crown Prosecution Service (CPS)

    • Responsible for prosecuting criminal cases.

    • Associate prosecutors can handle non-imprisonable summary offences.

    • Key to ensuring cases are presented effectively in court.

    • Witness presence in court is critical for proceeding without adjournment.

  5. Methods of Commencing Criminal Proceedings

    • Procedures include written charges or summonses.

    • Time limits exist, such as six months for summary offences, while either way offences have no specific starting time limits.

SA3: Bail and Remands

  1. Adjournments and Remands

    • Courts may adjourn proceedings before transferring cases to Crown Court.

    • Bail conditions govern remand procedures, stressing the importance of surrendering to custody.

  2. Time Limits on Remands

    • Specific time limits apply to remands in custody; however, detailed knowledge isn't necessary for the examination.

  3. Presumption in Favor of Bail

    • There exists a general presumption for granting bail, with exceptions for serious charges like murder or rape.

    • Specific statutory grounds can justify withholding bail; the court considers the accused's history and the case's nature.

  4. Bail Conditions

    • Conditions may be applied to ensure compliance, safety, and prevent further offences.

    • Conditions might include avoiding contact with witnesses and maintaining availability for inquiries or meetings with legal representation.

  5. Bail Application Procedure

    • Applications must be made to the original court or Crown Court post-refusal.

    • Notification must be given to parties involved at least two business days prior to the hearing.

  6. Appeal Grounds for Prosecution

    • Prosecution can appeal against bail grants based on the concerns regarding flight risk or public safety.

  7. Dealing with Breaches of Bail

    • Breaches of bail conditions may result in arrests without warrants and revocation of bail rights.

    • Accused individuals must demonstrate reasonable cause if failing to surrender to bail.

    • Failure to comply can lead to serious penalties, including imprisonment or fines.