Law Notes Criminal Procedure and Evidence Notes
A collection of the best Criminal Procedure and Evidence notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Criminal Procedure and Evidence notes available in the UK this year. This collect...
The following is a more accessible 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:
Summary arrest (without warrant) – s.24 PACE
Since CJA amendments, can arrest without a warrant with reasonable grounds of suspecting the person is about to commit, is committing, or has committed any criminal offence.
Previously only applied to ‘arrestable’ offences but this distinction disappeared.
s.24(5) PACE, also need reasonable grounds for believing that it is necessary to arrest for one of the following reasons:
Enable name/address to be obtained
Prevent physical injury, loss of or damage to property, offences against public decency or unlawful obstruction to the highway
Protect children or vulnerable
Allow for prompt and effective investigation
Prevent hindrance of prosecution by the person’s disappearance.
Also see PACE Code G on Powers of Arrest – s24(5) is exhaustive and arrest must be non-discriminatory and proportionate.
Richardson: arrest of willing suspect unlawful b/c no necessity.
So reasonable grounds to suspect offence will/is/was being committed + reasonable grounds for believing it is necessary for one of listed reasons.
Citizens powers of arrest now in s.24A PACE
Action on and after arrest
Informing of arrest:
PACE s.28(1) – form of words making clear that arrestee not free to go where he chooses + physically seize/touch person and tell them as soon as practicable.
PACE s28(3) and (4) – provide reason.
Caution:
Code C: caution suspect immediately when have grounds to suspect of an offence.
Caution: they do not have to say anything but it can harm defence if they fail to mention something that they later rely upon in court, and anything they do say can be relied upon as evidence.
Post-arrest
S.30(1A) – take to police station as soon as reasonably practicable.
Can detour to carry out such investigations that need to be carried out immediately.
S.30A – release on bail w/ requirement to attend police station.
S.56 – right to have someone informed – only max 36 hours incommunicado where reasonable grounds to believe particular condition in s.56(5) and (5A) has been satisfied (e.g. interfering with witnesses).
Action at the police station – PACE Code C
Initial stages:
Report to the custody officer, who tells the detainee of right to free, independent and private legal advice, to have someone informed of arrest and right to read Codes of Practice.
Custody officer opens custody record w/ all details of arrest and detention.
Possessions:
S.54(1) – custody officer ascertains possessions, power to search in 54(6).
Discretion to seize anything found in the search.
Clothing and personal effects only seized where custody officer believes detainee might use them to injure himself/others, damage property, interfere w/ evidence or assist in escape OR reasonable grounds to believe they are evidence of an offence ss.54(3)-(4).
Photograph/fingerprints/footprints s.61 PACE.
Intimate and non-intimate body samples defined in s.65. Consent needed to take intimate ones under s.62, no consent needed under s.63 for non-intimate.
Consideration of evidence pre-charge (s37):
Custody officer, post-formalities, considers evidence against detainee under s.37(1)
If not sufficient evidence – release under s.37(2) unless detention without charge believed by custody officer to be necessary to either secure/preserve evidence relating to offence OR to obtain such evidence through questioning.
If there is sufficient evidence, investigating officers should charge or release (or bail on condition of return).
So under s.37 can hold for interrogation before charging.
Once charged:
s.46 – production at the next sitting of the mag’s court, at the latest on day after arrest (unless Christmas/Good Friday/Sunday).
Detention without charge:
Governed by PACE ss.40 and 44 = sets out timetable for detention
Within 6 hours |
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Within 15 hours |
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Within 24 hours |
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Within 36 hours |
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After 72 hours |
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After 96 hours |
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Charging take detainee to custody officer, caution again, write charge down and read to him, record reply and give written notice. (In accordance with s37A – DPP guidance on when to charge).
Questioning post-charge is generally not allowed (Code C16.5).
Release...
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A collection of the best Criminal Procedure and Evidence notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Criminal Procedure and Evidence notes available in the UK this year. This collect...
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