Exam Ready Notes for CORE Module 'Dispute Resolution'!
Criminal Litigation Notes for Workshop 13 of the Dispute Resolution Module on the Legal Practice Course (LPC) at the University of Law.
These notes were used for the March 2023 exams, where I achieved a Distinction!
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Procedure on arrival at the police station
Arresting officer
Has power of arrest without warrant under s24 PACE, but must have suspicion (Hussein v Chong Fook Kam)
Tell arrested person they are under arrest: s28(1) PACE
Tell the arrested person the grounds on which they have been arrested (s24.5, s23(8), Code C 10.5)
Caution them before questioning: Code C 10.1 – standard wording set out in para 10.5
Take suspect to police station ‘as soon as is practicable after the arrest’ s30 (1A) PACE
Bring suspect to the custody officer asap (as soon as practicable): C2.1A of Code C
Where there is insufficient evidence, may ask person to attend police station voluntarily – arrest will only be made once
there are sufficient grounds for arrest
Custody officer
Must be of at least the rank of sergeant and be unconnected with the investigation: s36 PACE
Tell the suspect their rights and give them an oral and written statement of their rights to:
Free independent legal advice (s58)
Read the Code of Practice; and
Have someone informed of their arrest (s56)
Consider whether there is sufficient evidence to charge the suspect: s37(1) PACE
Open a written custody record (s36 PACE) which includes:
Reason for arrest: Code G para 4.3
Time of arrest, time of arrival at the station and time told of right to legal advice
Reason for detention and time it was authorized
Suspect’s response and any comments made
When legal adviser arrived; and
List of property suspect had on him on arrival
Search - May search suspect and seize items if they could be used by suspect to harm himself or others: s54(3)
Attach a detention log to record all significant events that occurred while in custody
Grounds for detention:
Custody officer has reasonable grounds to believe detention is necessary to secure or preserve evidence
Necessity to obtain such evidence by questioning – s37(2)).
If either of these grounds are satisfied / there is not enough evidence at present, may authorize a detention without
charge (s37(3) PACE)
If there are sufficient grounds, CO should require investigation offer to charge suspect.
If those grounds cease to apply at any time, the CO must release the suspect as soon as they become aware of this: s39
Charging the suspect
Police have four options:
1. Release suspect without charge without bail – let them go
After investigating the offence, police find that did not commit crime or insufficient evidence, then the
custody officer should release suspect
Thus would mean that the matter is closed, but nothing to stop police from re-arresting suspect if new
evidence comes to light
2. Release suspect without charge but on bail while police further enquiries
Can only bail someone for 28 days without having good reason
Note: Unless the case has been submitted to the CPS for a charging decision or the custody officer is
satisfied that bail is necessary and proportionate, there is presumption of release without bail when
police have no evidence upon which to charge (s52-67 Police and Crime Act 2017).
3. Release suspect without charge but on bail (or keep suspect in detention) for the purpose of
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enabling the CPS make a decision
If detention, must be appropriate extension: see notes above.
CPS make decision on two part test:
Sufficient evidence to provide a realistic prospect of conviction
If there is sufficient evidence, is it in public interest to charge the suspect or can the matter be
dealt with differently?
4. Charge suspect or offer an alternative charge
Charging: If police have sufficient evidence, will charge themselves or pass file to CPS (most likely)
When charging suspect, the caution must be read out (para 16.2 of Code C)
Bail after charge:
s38(1)(a) provides that if one or more of these circumstances are satisfied, then bail can be denied to the
suspect
Conditional bail
If officer grants bail to a suspect who has been charged, he must then decide whether it is necessary to
impose conditions on that bail (PACE 1984, s47(1A))
Breaching police bail (after charge)
If a suspect has been bailed to attend court following charge, s7(3) of Bail Act 1976 gives a police officer
the power to arrest that person
A person arrested under s7 must be brought before the Magistrates’ Court within 24 hours
Alternatives to charging
Informal warning (for minor public order offences)
Penalty notice (traffic offences, drunk and disorderly behavior) includes fine
Simple caution (suitable for juveniles and adults with no previous convictions or
cautions for similar offences). Not suitable for indictable only offences or either way
only in exceptional (s17(2) and (3) CJA 2015).
General conditions:
o must be sufficient evidence to justify prosecution
o offender must have voluntarily admitted to the offence
o offender must agree to be cautioned
o conditional caution – must satisfy:
must be evidence that offender committed offence
sufficient evidence to charge offender
caution and implications explained
Conditional cautions – Restorative justice
Offender signs document containing details of offence, his admission and consent to
caution and conditions attached
o Client should only accept if he accepts guilt and there is sufficient evidence
against him
o If there is insufficient evidence then the CPS may choose not to prosecute
o Disadvantage = Will have a formal record of admission of guilt and will lose the
option of caution on a subsequent occasion
will be disclosable when applying for certain jobs
if sexual offence then it will be on the sexual offences register
police may retain fingerprints for minimum of 5 years
Complaints about Police
Refer complaints to Independent Office for Police Conduct (IPOC)
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