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Preliminaries to Prosecution - Coggle Diagram

- - - - Application can be made to the police and after the Magistrates court
        Arrest without a warrant- police may arrest for any offence, powers of arrest are generally discretionary if the conditions are satisfied the officer or civilian may arrest but it is not required
        
        If the person has been arrested and is at the police station and it appears to the police that the person would be liable for another offence that person must be arrested for that offence
        
        A constable may arrest without a warrant anyone who is about to commit an offence, act of committing an offence, reasonable grounds for suspecting
        
        Reasons are- real name of that person, address, prevent physical injury to themselves or another person, guilty of an offence, suffering physical injury, causing loss or damage to property, offence against public decency, unlawful obstruction to highway, protect child. Vulnerable person, prompt and effective investigation to offence and prevent suspect disappearing
        
        Breach of the peace- Harm is actually done or is likely to be done to a person or their presence or property, or if a person is in fear of being so harmed through assault, affray, riot, unlawful assembly or other disturbance
        Any person has the common law power of arrest of breach of the peace where a breach of the peace is committed in the persons presence, reasonably believes such a breach will be committed in immediate future, breach of the peace has occurred/ further breach is threatened
      - Custody officer is responsible for recording all the matters
        
        If the person cannot be contacted the detainee may choose up to two alternatives, they to cannot be contacted the custody officer should bear in mind local voluntary bodies
        
        Detainee has the right to consult a solicitor privately at any time
        
        If a person is arrested for an indictable offence the period of detention without charge may be extended for up to a total of 36 hours from the relevant time by an officer of the rank of superintendent or above
        
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        And for up to a total of 96 hours from the relevant time by a magistrates' court
        
        Where a detention time-limit has expired and the person is released without charge, he or she may not be re-arrested without a warrant for the offence for which the person was previously arrested unless, since the release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before
        
        Where a detainee is removed to go to the hospital for medical treatment, the time spent at the hospital or travelling to or from hospital does not count, except for any time spent questioning the person for the purpose of obtaining evidence in respect of an offence
        
        A person in police detention at a hospital must not be questioned without the agreement of a responsible doctor
        
        The relevant time is the time an arrested person arrives at the first police station, or 24 hours after arrest
        
        A child or young person cannot be forced to see a solicitor
        
        Where appropriate information about the availability regarding a solicitor should be provided
        
        If the officer suspects the person has a mental disorder or vulnerable the person must be treated and action taken
        
        Constable must consult a medical professional, a child cannot be detained in a police cell, 24 hours is the maximum period of detention in a police station, it may be extended by 12 hours if authorised by a medical professional.
        
        If the behaviour of an adult poses imminent risk of serious injury or death to themselves or another person, the police station is not safe for them to be in
        
        Appropriate adult- parent, guardian, local authority, voluntary organisation or social worker
        
        Estranged parent is not an appropriate adult
        
        Parent with low IQ is not an appropriate adult
        
        If child is in are social worker should be prepared to attend as soon as possible
        
        Solicitor should not act as an appropriate adult
        
        Appropriate adult should not be suspected of being involved in crime, victim or witness, involved in investigation, has recived admissions from suspect before, a social worker or member of a youth offending team
        
        Role of appropriate adult is to safeguard the rights, entitlements, welfare of children and vulnerable adults, support, advise, assist provide information observe , assist detained to communicate help understand rights, similar role during interview
        For intimate strip and search and identification and other evidential procedures that requires appropriate consent person aged 14 and above can do that, person under the age of 14 needs consent of parent or guardian, where the person is not parent or guardian they cannot give consent
        
        If the suspect is transferred the custody record must accompany them
        
        The detainee should be asked to check any record that is made and sign it
        
        A solicitor or appropriate adult must be permitted to inspect the whole of the custody record as soon as it is practicable
        
        A person is entitled to receive a copy of the custody record up to 12 months after release
        
        A person held in custody has the right to request one friend of relative to take an interest in their welfare, told of the arrest and the place of detention
        
        Custody officer must inform suspect of their right
- - - - A suspect can also be with our without bail or be asked to attend a police station on a future date
      - A person can be released on bail if the constable is satisfied that releasing the person is necessary and proportionate
      - The custody officer must authorise the bail
- - - - A prosecutor who wants the court to issue a summons must either serve a written application on the court, or present an application orally to the court (but with a written record of the allegation(s) made by the prosecutor)
      - The application must set out the allegation(s) made by the applicant , and
      - If there is a time-limit for prosecution of the offence(s), demonstrate that the application is made in time
        
        A justices' clerk (or an assistant clerk who has been specifically authorised by the justices' clerk for that purpose) may issue a summons but not a warrant
        
        An application for a summons (or for an arrest warrant) or a written charge must contain:
        
        a statement of the offence which describes the offence 'in ordinary language' and (if the offence is created by statute) identifies the legislation that creates it; and
        
        sufficient particulars of the conduct constituting the commission of the offence to make clear what the prosecutor alleges against the defendant (including the value of any damage or theft alleged where that value is known and where it affects the exercise of the court's powers, as will be the case with criminal damage where the value involved does not exceed £5,000, and shoplifting where the value involved does not exceed £200
        
        A requisition or summons must contain a notice setting out when and where the accused must attend the court, and must specify each offence in respect of which it has been issued
        
        Additionally, a summons must identify the issuing court, and a requisition must identify the person under whose authority it is issued
        
        A magistrates' court may not try an accused for a summary offence unless the application for a summons was served on the magistrates' court within six months of the time when the offence was allegedly committed -so far it is not Indictable
        For either way offences, there is no time-limit within which proceedings must be started, unless it is one of the exceptional offences for which there is statutory limitation on the time for taking proceedings on indictment, in which case that limitation applies equally to summary proceedings
    - - a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
      - a warrant to arrest that person and bring him before a magistrates' court.
- - - - Arrest UNDER Warrant- Magistrates Courts Act 1980 section 1 empowers a justice to issue a warrant on the basis of written information- so far, it is suspected that the person has committed a crime
        
        Warrant for arrest may be endorsed for bail
        
        A suspect may be taken to any police station unless it is anticipated that detention of more than 6 hours will be necessary
        
        One or more custody officers must be appointed for each police station
        
        A custody officer must at least be rank of a Sergeant
        
        If custody officer is unavailable or if a person is taken to a non-designated police station another officer may perform that role- although the officer must normally not be involved in the investigation of an offence for which the suspect is in detention
        
        The custody officer needs to approve detention and release
        
        Generally the custody officer has the responsibility to ensure that the suspect is treated in accordance with the Codes of Practice
        
        Responsibility can be temporarily transferred to any officer
        
        A custody record must be opened as soon as practicable
        
        The Prosecution of Offences Act 1985 also empowers the DPP to appoint persons who are not members of the Service to institute or take over the conduct of such criminal proceedings as the DPP may assign to them (s. 5(1)).
        
        The appointed person must have a general qualification (within the meaning of the Courts and Legal Services Act 1990, s. 71)
        
        Section 7A of the Prosecution of Offences Act 1985 gives the DPP power to appoint staff who are not legally qualified
        
        These staff are now known as 'associate prosecutors' and may represent the CPS on bail applications and on other pre-trial applications, such as requests for adjournments.
        
        They may conduct trials but only where the offence in question is a non-imprisonable summary offence
        
        Procedure for a staring a prosecution a securing presence of accused- The accused may be arrested and, after the police have sought advice from the CPS, charged by the police (the details of the offence(s) will appear on a charge sheet
        
        The accused may be served with a written charge and requisition without first having been arrested
        An application may be made to a magistrates' court for the issue of a summons (or an arrest warrant) requiring the accused to attend before it (this process is sometimes referred to as 'laying an information'
        
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        The accused may be arrested and then granted police bail while the CPS decide whether there is sufficient evidence to justify a charge
        
        The accused may be arrested and then be granted police bail, subject to a requirement of returning to the police station on a specified date
      - Warrant may/may be endorsed for bail
      - If bail is granted with sureties (D has to put forth something valuable e.g. passport/ money) the police must release the defendant if approved
      - A person bailed is obliged to appear before the magistrate's court
      - The suspect must be 18 years above; offence must be indictable or punishable with imprisonment or the person does not have an established address for summons to be served
      - Private prosecutions warrant must not be issued without consent
      - If person granted bail fails to surrender another warrant can be issued
      - Warrant issued by the Crown Court- Senior Courts Act 1981- Indictment has been signed but the person charged has not been sent for trial- crown court may issue summons requiring the person to appear before it or may issue an arrest warrant
- - - - If officer takes hold of a persons arm to detain them whilst deciding whether to arrest them is trespass
        
        It is for the police officer to prove that the officer who asked for arrest acted in good faith
        
        Burden of proof of lawful arrest is on the police officer
        
        The burden of proving excessive force is on the complainant
        
        The arrest will be lawful if the person is informed of being under arrest as soon as it is practicable after the arrest even if it is obvious
        
        They have to be informed of t
        
        They have to be informed of the grounds of arrest at the time of the arrest as soon as is practicable
        
        The person must be informed why the arrest was believed to be necessary
        
        A failure to do so will not render arrest unlawful
        
        The test- a person must be told in simple, non-technical language that the person could understand the essential legal and factual grounds of arrest
        
        The arresting officer has to record everything in their notebook which must be made at the time of the arrest