A more recent version of these Gathering Evidence notes – written by Oxford students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Procedure and Evidence Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Supervision 1 - Gathering Evidence PACE 1984 and codes of practice
? PACE empowers the Home Secretary to issue Codes of Practice covering certain aspects of police powers and procedure.
? S.78 details sanctions if Act or Codes contravened.
? Two ways to commence a prosecution: o Arrest suspect without warrant and then have him charged. o Prosecutor may lay charge and summons is issued (Magistrates Court Act 1980, s.1).
? Spencer argues that legislation passed recently concerning powers to gather evidence have reduced integrity of PACE. Arrest without warrant and charge
? S.24 provides that police officer may arrest any person whom he has reasonable grounds to suspect of having committed, committing or being about to commit an offence.
? Arrest must be necessary in accordance with criteria in s.24(5) PACE.
? Arrestee must be told the reason for the arrest.
? If police wrongly arrest, damages can be awarded for false imprisonment (Richardson).
? Citizens can only arrest for indictable offences (s.24A), but do they know the difference?
? Prior to asking questions, officer should caution the suspect - official caution under s.34 Criminal Justice and Public Order Act 1994 (pa.
10.1 Code C). Procedure at the police station
? At station, custody officer has duty to ascertain the possessions of the detainee.
? Custody officer then considers if there is enough evidence to charge detainee. o If not enough evidence to find a charge, officer may sanction detention without charge. o Maximum period of detention without charge is 36 hours, but magistrates' order can increase this to 96 hours (s.42/44).
? Code C controls conduct of police questioning.
? Once detainee charged he may not be asked any further questions (Code C 16.5)
? S.58(1) provides that a person shall be entitled to legal representation free of charge as soon as practicable. o Delay may be authorised (at least superintendent) under s.58(8) if:
? Interference with or harm to evidence connected with the indictable offence; or
? The alerting of other persons suspected of having committed an indictable offence; or
? Hindrance to the recovery of the proceeds of an indictable offence. o Officer cannot dissuade legal advice being taken (Code C, Pa6.4).
? Acceptable to tell him how long lawyer will take to arrive (6ZA).
Buy the full version of these notes or essay plans and more in our Criminal Procedure and Evidence Notes.