This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Criminal Litigation Notes

Arrest Notes

Updated Arrest Notes

Criminal Litigation Notes

Criminal Litigation

Approximately 143 pages

A collection of the best LPC Criminal Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Lit notes available in the UK this year. This collection of notes is fully up...

Available here

The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Arrest

Stop and Search Power

The police have the power to stop and search a person under s.1 PACE.
A stop and search can be done by a constable in a public place for stolen or prohibited articles provided the constable has reasonable grounds for suspecting he will find stolen or prohibited articles.
COP A 2.2 states:
Reasonable grounds is based on the circumstances of each case; and
Reasonable suspicion cannot be based on personal factors (i.e. race, age etc.) or generalisations of certain groups.
However, these grounds can be relied upon if there are information or reports of these characteristics (COP A 2.4).
Gang symbols or associations can be reasonable grounds of suspicion for a stop and search (COP A 2.6).
Drugs
If the constable wants to search for drugs they must do this under s.23 Misuse of Drugs Act 1971.
Removal of Clothing
COP A 3.5 states that only outer clothing (i.e. jackets, coats and gloves) can be removed in public. A more thorough search can be conducted in a police station/van by an officer of the same sex.
Reasonable Force
The officer can use reasonable force to carry out the search under s.117 PACE but only when the individual refuses to cooperate and only as a last resort (COP A 3.2).

Police Power of Arrest

Lawful Detention

s.41 PACE states that detention can be for a maximum of 24 hours. This can be extended for a further 12 hours if it is authorised by a superintendent and they have reasonable grounds to believe that the detention is necessary to preserve evidence, the offence is indictable and the investigation is being conducted diligently and expeditiously.
Extensions must be granted before the expiry of the 24 hours, but not before the second review has taken place (s.42(4)).
First review should take place no later than 6 hours after detention, and subsequent reviews in 6 hour slots (s.40 PACE).
COP C 9.3 states detainees should be visited every hour.

Interview

An interview is defined by COP C 11.1A as: “the questioning of a person regarding their involvement or suspected involvement in a criminal offence...”
The following provisions apply to an interview
It must be carried out under caution (COP C 10.1);
The suspect should only be interviewed about an offence at a police station (unless COP C 11.1 (a) – (c) applies);
An accurate record should be kept (COP 11.7)
If these procedures are not carried out, the court may consider the interview to be conducted unlawfully and that evidence may be excluded under s.76/s.78 PACE.

Samples

Suspects Rights

A suspect has three rights when they have been detained (right to consult codes of conduct is not considered here):
Right to have someone informed
s.56(1) PACE
Can be delayed for up to 36 hours (s.56(3) PACE and COP C Annex B)
s.58(1) PACE
Can be delayed for up to 36 hours (s.58(5) PACE and COP C 6)
Criteria
s.56(2) – delay is only permitted if the offence is indictable and an inspector authorises it
The inspector must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.56(5)
s.58(6) – delay is only permitted if the offence is indictable and a superintendent authorises it
The superintendent must have reasonable grounds to believe that telling the named person will lead to one of the consequences in s.58(6)
Authority should be given if the authorising officer has reasonable grounds to believe that the solicitor will inadvertently or otherwise pass on a message from the detainee or will cause a consequence in s.58(8).
Apply to Facts
Exercise of Power
Delay should be proportionate and last no longer than 36 hours.
The suspect should be informed of the delay and any authorisation must be in writing
Delay should be proportionate and last no longer than 36 hours.
The suspect should be informed of the delay and any authorisation must be in writing (s.58(2)).

Buy the full version of these notes or essay plans and more in our Criminal Litigation Notes.

More Criminal Litigation Samples