BPP University College Of Professional Studies Limited (BPP)
Full revision notes from lectures + SGSs
DISTINCTION LEVEL (80% IN LITIGATION EXAM)
Includes:
- professional conduct
- police powers
- police station advice
- bail, PBV and allocation of trial
- evidence
- sentencing and appeals
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Criminal Litigation
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CRIMINAL LITIGATION REVISION GUIDE
P: Identify the power.
A: What is the legal authority granting the power?
C: What criteria need to be met and are they met on the facts?
E: How should the power be exercised and has it been exercised
correctly on the facts?
Stop and search
AUTHORITY
S.1 PACE provides wide power to the police to search any person or vehicle for stolen
or prohibited articles
CRITERIA
s.1 PACE:
it must be carried out by an officer of at least the rank of constable;
in a public place; and
the constable or other officer has reasonable grounds for suspecting that he will
find stolen or prohibited articles (s.1(3))
COP A 1.1-2.29: principles governing stop and search
S.2 PACE and COP A 3.8 – 3.11 responsibilities of police officer conducting a
stop and search procedure
COP A 2.2: reasonable grounds for suspicion depend on the circumstances of the case
COP A 2.2B: reasonable suspicion can never be supported on the basis of personal factors
alone cannot be based on generalisations or stereotypical images of certain groups or
categories of people more likely to be involved in criminal activity
COP A 2.6B: behaviour can form the basis of reasonable suspicion
EXERCISE:
Code A Paragraph 3.8: provides that the officer must take reasonable steps to provide
the individual with the following information:
- That they are being detained for a search
- The officer’s name and police station
- Legal search power which is being exercised
- The purpose of the search and grounds for the suspicion
- Suspect’s entitlement to a copy of the search record (including the right to
request a copy within 12 months)
,Power of arrest without warrant
AUTHORITY
S.24 PACE and Bail Act 1976
CRITERIA
Two criteria that must be satisfied before a constable can arrest without a warrant:
reasonable grounds to suspect an offence AND
o s.41(1) PACE
reasonable grounds to believe it is necessary because of one of the reasons listed
o s.24(5) PACE
EXERCISE
S.28 (supplemented by COP G 3.1 – 3.7) provides that an arrest is not
lawful unless the person being arrested is:
informed that he is under arrest; and
told of the grounds for his arrest
AT THE POLICE STATION (POLICE RIGHTS)
He will see the custody officer who must authorise his continued detention.
He will be informed of his rights.
He will have certain non-intimate samples taken.
He may see the appropriate healthcare professional if necessary.
If the detainee requests, he will speak to a legal representative.
The detainee may be interviewed, often with his legal representative present.
After the interview, the detainee may be released under investigation or on police bail.
Alternatively, the detainee may be charged and either released on police bail to appear
at the magistrates’ court at a later date or charged and remanded in police custody to
appear at the magistrates’ court on the following day.
, Power to extend beyond 24 hours
AUTHORITY
s.42 PACE: allows for detention to be extended for a further 12 hours, taking max period
of detention in police station to 36 hours
CRTIERIA
s.42 PACE: for detention to be extended:
an officer of at least the rank of superintendent must authorise the continued
detention;
the superintendent or above has reasonable grounds for believing detention is
necessary to secure or preserve evidence or obtain evidence by questioning;
the offence must be an indictable offence; and
the investigation must be being conducted diligently and expeditiously.
EXERCISE
S.42 also stipulates that:
authorisation to extend must be given before the expiry of the initial 24 hours but
after the second review has occurred;
the grounds for the extension must be explained to the suspect and noted in his
custody record; and
the suspect and/or his solicitor should be allowed an opportunity to make
representations.
Extend beyond 36 hours = s.43 and s.44 PACE
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