BPP University College Of Professional Studies Limited (BPP)
This is a 25 page document which has aggregated all information needed to succeed on the Criminal Litigation module. This has helpfully collated all information needed, such as key CrPR references, key COP codes and key PACE codes. A very comprehensive document that is integral for your revision. P...
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Criminal Litigation
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CRIM LIT – KEY INFORMATION DOCUMENT
and grounds for suspicion and that entitled
COP CODES
to a copy of record of search
COP A 2.2 COP C 6.4
Reasonable grounds - genuine suspicion No police officer should do or say anything
and objective basis for that suspicion with intent of dissuading detainee from
obtaining legal advice
COP A 2.2B
Reasonable grounds cannot be based on COP C 6.6
personal factors ie race age appearence or Cannot take adverse inference if not
previous convictions allowed access to legal advice
COP A 2.4 COP C 6.9
Reasonable suspicion should be linked to If believe solicitor is obstructing interview
accurate and current intelligence or then may require them to leave
information
COP C 10.5
COP A 2.6B Caution
Reasonable suspicion can be based on
someones behaviour COP C 10.11
If want to draw adverse inference from
COP A 2.8A silence under s36 or 37 CJPOA then need
Reasonable suspicion based on a range of to give special warning at interview
factors more likely to be legitimate search
COP C 11.1A
COP A 3.1 Interview is the questioning of a person
Carry out all stop and searches with regarding their involvement or suspected
courtesy involvement in a criminal offence and it
must be done under caution and at police
COP A 3.2 station
Aim to get cooperation of detainee when
doing search and use reasonable force as a COP C 11.2
last resort Should remind suspect of right to solicitor
at start of interview
COP A 3.5
Can only require person to remove outer COP C 11.7
clothing like jacket or gloves in public Must make accurate record of interview
COP A 3.8-3.11 COP C annex B
Officer conducting a search must tell Right to have someone told of your arrest
individual they are being detained for a can be delayed if reasonable grounds to
search and officers name and legal search believe exercise of right would lead to
power exercised and purpose of search intererence with evidence connected with
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indictable offence or harm to others or
alerting other suspects or hinder recovery Para 2 sch1 bail act 1976
of property AND need to have been Defendant need not be granted bail if court
arrested for indictable offence and written satisfied are substantial grounds for
authority to delay from inspector believing defendant if released on bail
would fail to surrender to custody or
COP C annex B NFG B3 commit an offence when on bail or
Access to named solicitor can be denied interfere with a witness
where shown suspect is capable of
misleading solicitor Para 9 sch 1 bail act 1974
Factors to consider for grounds for and
against bail ie nature and seriousness of
CRPR CODES offence, character of defendant and
community ties and previous compliance
CrPR 3 with bail obligations
Courts case management powers
S1(1) PACE
CrPR 3.8 Search done in public
Trial can proceed in defendants absence
S1(7 & 8) PACE
CrPR 3.9 Stolen or prohibited articles - articles
Cetrtificate of readiness for trial acquired as result of offence or theft or
afapted or made for use in connection with
theft or criminal damage offences
PACE & OTHER RELEVANT STATUTES
S1 PACE
PACE COP C annex B para 4 Power to a constable to stop and search
Access to a solicitor cannot be delayed on any person or vehicle for stolen or
the basis that they were asked to attend by prohibited articles or fireworks in a public
a 3rd party. Must give defendant choice if place where reasonable grounds for
wish to see solicitor suspecting will find such articles
PACE COP C NFG 6D S2(1)(a) criminal appeal act 1968
Solicitors role is to protect and advance the Defendant can appeal decision of crown
legal rights of their client. Suggests they court on basis that conviction is unsafe
should act proactive ie seek clarification on ADDITIONALLY that sentence was not
points or recommend silence commensurate with seriousness of the
offence
Para 1A Sch 1 part 1 bail act 1976
Court cannot remand defendant into S3 bail act 1974
custody if appears no prospect defendant May offer bail conditions
would get a custodial sentence
S3 PACE
Para 2A sch 1 bail act 1976 Must record the search once taken place -
Need not give bail where indictable or searched is allowed a copy
triable either way offence and appears was
on bail on date of offence
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S3 powers of criminal courts sentencing act convicted of one of these in past then court
2000 may not grant bail
If magistrates believe their powers of
sentencing are not enough then can send S28 PACE
to crown court Arrest not lawful unless person arrested is
informed he is under arrest and of the
S4 bail act 1976 grounds for his arrest
Presumption in favour of bail
S29 PACE
S6 bail act 1974 Volunteer free to leave unless placed
Offence to fail to surrender to custody under arrest
without reasonable cause when on bail
S34(1) PACE
S17A magistrates court act 1980 Can only detain arrested person
Plea before venue procedure for either
way offence S34 CJPOA
Where suspect fails to mention something
S19 magistrates courts act 1980 in questioning that they later rely on at
If defendant pleads not guilty or does not court and would have been reasonable to
indicate plea then magistrates will move to have mentioned it earlier then court can
allocation and key issue is whether their draw such adverse inferences as seem
sentencing powers would be adequate proper
S20 magistrates courts act 1980 S35 CJPOA
Where magistrates believe their powers Adverse inference can be drawn if
are sufficient explain to defendant this and defendant gives no evidence during course
that defendant can consent to summary of trial
trial or can ask to go to crown. Should be
told that could still send for sentencing to S36 CJPOA
crown if tried summarily Adverse inference where fails to account
for object substance or mark found on his
S23 misuse of drugs act 1971 person at time of arrest
Officer may detain and search any person
if has resonable grounds to suspect is in S37(1)(b) PACE
possession of controlled drug Custody officer determines if there is
enough evidence to proceed to charge
S24 PACE
Power of arrest without warrant where S37(2) PACE
necessary because constable has If insufficient evidence to charge must
reasonable grounds for believing for any release unless reaonsable grounds for
one of the reasons mentioned in ss5 it is believing detention is necessary to secure
necessary to arrest person in question or preserve evidence or obtain it by
questioning
S25 CJPOA
Unless exceptional circumstances, if S37 CJPOA
defendant charged with murder rape or
manslaughter or attempt of these and
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