General
Summary-only Offences Either-way Offences Indictable-only Offences
Common Assault Theft Robbery
Criminal Damage (≤£5,000) Burglary Rape
Fraud Assault Occasioning GBH, s.18
Sexual Assault
Assault Occasioning ABH
Assault Occasioning GBH, s.20
Criminal Damage (more than £5,000)
Possession of Class A/B Drugs
Possession with ITS Class A/B Drugs
Youth Court Magistrates' Court Crown Court
Absolute Discharge Absolute Discharge Absolute Discharge
Conditional Discharge Conditional Discharge Conditional Discharge
Fines (≤£1,000 aged >14, ≤£250 aged Fines (≤£1,000 aged >14, ≤£250 aged
Fines (No Limitation)
≤14, or maximum for offence) ≤14, or maximum for offence)
Referral Order Referral Order Referral Order
Reparation Order Parental Bind Over Reparation Order
Youth Rehabilitation Order Youth Rehabilitation Order
Detention and Training Order Detention and Training Order
Parenting Order Long-term detention (s.91 PCC(S)A 2000)
Extended detention for ‘dangerous
Parental Bind Over
offenders’ (s.226B CJA 2003)
Detention at Her Majesty’s Pleasure
(murder, under 18s)
The Magistrates' Court
• MC has jurisdiction to try any SO offence and any EW offence [s.2(1) MCA 1980].
• MC may try an EW offence if offence ≠ so serious that court’s powers of punishment would be inadequate and the
accused agrees [ss.18-21 MCA 1980]. In event of conviction, MC may impose penalty of ≤6 months’ imprisonment
a/o an unlimited fine [s.32(1) MCA 1980].
• If court powers of punishment are inadequate then MC may commit D to CC for sentence [s.3 PCC(S)A].
• Any decision may be arrived at by a majority — in event of an even-numbered division, MC must adjourn for
rehearing before a differently constituted bench.
The Crown Court
• CC has exclusive jurisdiction over trials on indictment [s.46(1) SCA 1981].
• D convicted by MC may (if pleaded NG) appeal to CC against conviction a/o sentence; if D pleaded G, he may
appeal only against sentence [s.108 MCA 1980].
• The CC has jurisdiction to deal with certain SO offences [s.40 CJA 1988] and, CC judge may exercise powers of
DJ/magistrate, i.e. where SO offence is linked to indictable offence [s.66 CA 2003].
The Court of Appeal and The Supreme Court
• The majority of appeals against conviction and sentence are disposed of by CofA (CD) [s.15(2) SCA 1981].
• Prosecution/Defence may appeal a decision of CofA to SC, but only if CofA or SC considers the appeal involves a
point of law of general public importance [ss.33-34 Criminal Appeal Act 1968].
Page 1
,Criminal Procedure Rules
1.1. The Overriding Objective
(1) The overriding objective of this procedural code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes:
(a) acquitting the innocent and convicting the G;
(b) dealing with P and the defence fairly;
(c) recognising the rights of D, particularly those under Article 6 ECHR;
(d) respecting interests of witnesses, victims and jurors and keeping them informed of the progress of the case;
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and
(g) dealing with the case in ways that take into account: the gravity of the offence alleged, the complexity of
what is in issue, the severity of the consequences for D and others affected, and the needs of other cases.
1.2. The duty of the participants in a criminal case
(1) Each participant, in the conduct of each case, must:
(a) prepare and conduct the case in accordance with the overriding objective;
(b) comply with these Rules, practice directions and directions made by the court; and
(c) at once inform the court and all parties of any significant failure (w/n that participant is responsible for that
failure) to take any procedural step required by these Rules, any practice direction or any direction of the
court. A failure is significant if it might hinder the court in furthering the overriding objective.
1.3. The application by the court of the overriding objective
The court must further the overriding objective in particular when:
(a) exercising any power given to it by legislation (including these Rules);
(b) applying any practice direction; or
(c) interpreting any rule or practice direction.
3.2. The duty of the court
(1) The court must further the overriding objective by actively managing the case (by giving any direction appropriate
to the needs of that case as early as possible).
(2) Active case management includes―
(a) the early identification of the real issues;
(b) the early identification of the needs of witnesses;
(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a
timetable for the progress of the case;
(d) monitoring the progress of the case and compliance with directions;
(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;
(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and
avoiding unnecessary hearings;
(g) encouraging the participants to co-operate in the progression of the case; and
(h) making use of technology.
3.3. The duty of the parties
(1) Each party must actively assist the court and apply for a direction if needed to further the overriding objective.
(2) Active assistance includes:
(a) at the beginning of the case, communication between the prosecutor and D at the first available opportunity
and in any event no later than the beginning of the day of the first hearing;
(b) after that, communication between the parties and with the court officer until the conclusion of the case;
(c) by such communication establishing, among other things: whether D is likely to plead G/NG, what is agreed
and what is likely to be disputed, what information, or other material, is required by one party of another, and
why, and what is to be done, by whom, and when;
(d) reporting on that communication to the court: at the first hearing, and after that, as directed by the court.
3.5. The court’s case management powers
(1) The court may give any direction and take any step to actively manage a case unless that would be inconsistent.
• A MC may give a direction that will apply in the CC if the case is to continue there and vice versa. Any power to
give a direction under this Part includes a power to vary/revoke that direction.
• If a party fails to comply with a rule/direction, the court may: fix, postpone, bring forward, extend, cancel or adjourn
a hearing, make a costs order, and impose such other sanction as may be appropriate.
Page 2
,3.9. Case preparation and progression
(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be
concluded at the next hearing or as soon as possible after that.
(2) At every hearing the court must, where relevant:
(a) if D is absent, decide whether to proceed nonetheless;
(b) take D’s plea (unless already done) or if no plea can be taken then find out whether D is likely to plead G/NG;
(c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing
including the trial or (in the CC) the appeal;
(d) in giving directions, ensure continuity in relation to the court and to the parties’ representatives where
appropriate and practicable; and
(e) where a direction has not been complied with, find out why, identify who was responsible, and take
appropriate action.
(3) In order to prepare for the trial, the court must take every reasonable step to encourage and to facilitate the
attendance of witnesses when they are needed; and to facilitate the participation of any person, including D.
(5) Where D needs interpretation the court officer must arrange for interpretation to be provided at every hearing
which D is due to attend.
(7) Where directions for appropriate treatment and questioning are required, the court must:
(a) invite representations by the parties and by any intermediary; and
(b) set ground rules for the conduct of the questioning, which may include directions: relieving a party of any
duty to put that party’s case to a witness/D in its entirety, about manner/duration of questioning, about the
questions that may or may not be asked, where there is 1+ D, allocation of topics about which a witness may
be asked, and about use of models/plans/body maps/similar aids to help communicate questions/answers.
3.11. Conduct of a trial or an appeal
In order to manage a trial/appeal, the court:
(a) must establish, with active assistance of the parties, what are the disputed issues;
(b) must consider setting a timetable taking account of those issues and of any timetable proposed by a party, and
may limit the duration of any stage of the hearing;
(c) may require a party to identify which witnesses they wants to give evidence in person, the order in which they
wants those witnesses to give their evidence, what arrangements are desirable to facilitate the giving of evidence
by a witness, what written evidence that party intends to introduce, whether that party intends to raise any point
of law that could affect the conduct of the trial or appeal; and
(d) may limit the examination/cross-examination/re-examination of a witness, and the duration of any stage of trial.
What is the test for determining whether to grant a representation order (i.e., Legal Aid)?
Section 17 LASPO 2012, provides for the determination of applications for a representation order in MC/CC. The
decision whether to grant a representation order is to be determined by a two-stage test, incorporating a merits test
‘according to IOJ’ and an assessment of means:
(1) whether the individual applying for legal aid has financial means — it is likely that the individual will need to
provide evidence (at the MC this based on income); and
(2) whether granting legal aid is in IOJ (whether: D would suffer loss of liberty/dignity, there is a substantial point of
law, D lacks understanding, the case involves expert cross-examination of witnesses, it is in the interests of other
persons for D to be represented, instruction of experts) [s.17 LASPO; D32.7 BCP].
Page 3
, Police Powers & Preliminaries to Prosecution
Time limits for police detention:
Extension by ≥Superintendent: 36 Extension by MC: 36 hours (96 hours
hours (60 hours total) [s.42(1) PACE], total) [s.43(1)&(12), s44(1)&(3) PACE],
provided: provided:
(1) there are reasonable grounds for (1) the investigation is demonstrably
Initially: 24 Hours (24 hours total) believing detention is necessary progressing
to secure/preserve evidence;
(2) the offence is indictable;
(3) investigation is being conducted
diligently and expeditiously.
If detention time limit expires, and the person is released without charge, he may not be rearrested without warrant
unless new evidence justifying further arrest has come to light since the original arrest [s.43(19) PACE].
What is the main statute that governs police powers?
PACE 1984, which is accompanied by eight Codes of Practice (A-H).
• Failure by a police officer does not, of itself, render him liable to criminal/civil proceedings [s.67(10) PACE]. However,
to the extent that they are relevant these conduct rules are admissible in criminal and civil courts [s.67(11) PACE].
What are the legal characteristics of arrest?
There are two ways of understanding arrest:
• One approach is that a person is arrested if, as a result of what is said or done, he is under compulsion and is not
free to go as he pleases — the issue is of a deprivation of liberty;
• Another approach considers the context and the purpose of the arrest — the distinction between a deprivation of
liberty and a restriction of movement is a matter of degree and intensity and is highly fact-sensitive.
When can a suspect be arrested?
An arrest must be compliant with s.24(1) PACE, meaning the PC must have reasonable grounds to suspect that an
offence had been committed and that the person arrested had been the person responsible:
(a) A constable may arrest without a warrant anyone who is about to commit an offence;
(b) A constable may arrest without a warrant anyone who is in the act of committing an offence;
(c) A constable may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be about to
commit an offence;
(d) A constable may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be
committing an offence.
• There must be “some reasonable, objective grounds for the suspicion, based on known facts or information”.
What must an arrested person be told when they are arrested?
• Where a person is arrested, the arrest is unlawful unless he is informed that he is under arrest ASAP after the arrest
[s.28(1) PACE], even if it is obvious.
• An arrest is unlawful unless the arrested person is informed of the ground of the arrest at the time of the arrest, or
ASAP after the arrest [s.28(3) PACE], even if it is obvious.
• The arrested person must also be informed why the arrest was believed to be necessary [s.24(4) PACE], (failure to
do so ≠ render an arrest unlawful).
• This information can be communicated by a PC other than the arresting PC.
• The suspect must be cautioned when he is arrested [PACE Code C, para. 10.4] — minor deviation from the words of
the caution is permissible provided that the sense of the caution is preserved.
What other guidance relates to arrests?
• PC’s can use reasonable force, if necessary, when undertaking an arrest [s.117 PACE].
• Reasonableness is determined by taking into account all circumstances including: nature and degree of force
used, gravity of the offence, harm that would flow from the use of force against the suspect, and possibility of
effecting arrest/preventing harm by other means.
• Handcuffs should only be used where reasonably necessary to prevent escape/violent breach of peace [Lockley].
• The arresting PC should take arrested person to a designated police station ASAP after arrest [s.30(1) PACE]. This
may only be delayed where the arrested person must attend somewhere else (i.e. hospital/his home address for a
search) [s.30(10) PACE] and reasons must be recorded [s.30(11) PACE].
Page 4
,Can an arrested person be released on bail?
An arrested person may, instead of being taken to police station, be released either w/o bail/on bail, to attend police
station on future date [s.30A(1)-(3) PACE], provided that PC is satisfied that this is necessary and proportionate in all
the circumstances, and it is authorised by ≥Inspector.
• Conditions may be imposed on bail to secure future surrender/prevent further offences.
What are the common law powers of arrest?
Any person has common law power of arrest where: breach of peace is committed in his presence, person effecting
the arrest reasonably believes that a breach will be committed in immediate future by person arrested, or breach of
peace has been committed/reasonably believed that a breach has occurred and future breach is threatened.
• Breach of peace: occurs whenever harm is actually done/is likely to be done to a person/his property (in his
presence) or where a person fears being harmed through an assault/affray/riot/unlawful assembly/other disturbance.
Can arrests be carried out under warrant?
S.1 MCA 1980 empowers a justice to issue a warrant on basis of a written information substantiated on oath that a
person has/is suspected of having committed an offence.
• A warrant may/not be endorsed for bail.
• A warrant can only be issued if offence is indictable or punishable with imprisonment or the suspect’s address ≠
sufficiently established for a summons to be issued [s.1(4) MCA 1980].
• A warrant can be issued for the arrest of a person who has failed to appear to answer a summons [s.13 MCA 1980].
What happens when someone is arrested?
Where a person is arrested, he must normally be taken to any police station unless it is anticipated that it will be
necessary to detain him for 6+ hours, when he should be taken to a police station designated under s.35 PACE.
What constitutes an interview?
An interview is “questioning of a person regarding their involvement or suspected involvement in a criminal offence or
offences which, under para.10.1, must be carried out under caution” [PACE Code C, para.11.1A]
• A person whom there are grounds to suspect of an offence must be cautioned before any questions about an
offence are put to them if either the suspect's answers/their silence may be given in evidence to a court in a
prosecution [PACE Code C, para.10.1].
• Questions that concern basic matters such as establishing ownership of a car, the name and address of the person
arrested, or to obtain information in accordance with a statutory requirement ≠ likely to constitute an interview.
• Questioning a person about an offence of which there are grounds to suspect him will amount to an interview even
if he has not been arrested and no decision to arrest him has been made.
Can a suspect be interviewed without a caution?
A caution must be administered at the commencement of an interview, w/n it is conducted at a police station. The
suspect must also be reminded that he is under caution at the recommencement of an interview after any break, and
if there is any doubt, the caution should be given again in full
• Failure to administer the caution where it is required is a significant and substantial breach of Code C, although it
will not necessarily result in exclusion of evidence of the interview.
Where must interviews be conducted?
GR: following arrest, a suspect must be interviewed at police station unless delay would be likely to:
• lead to interference with/harm to evidence connected with an offence, interference with/physical harm to other
persons, or serious loss of, or damage to, property; or
• lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it; or
• hinder recovery of property obtained in consequence of the commission of an offence.
How must interviews be conducted?
• Prior to (re)commencement of interview at a police station, interviewing officer must, unless access to a solicitor has
been delayed or one of the exceptions apples, remind the suspect of his entitlement to free legal advice and that
the interview can be delayed for legal advice to be obtained [PACE Code C, para.11.2].
• At beginning of interview carried out at a police station, interviewing officer must put to the suspect any significant
statement/silence (something which appears to be capable of being used in evidence) which occurred in presence
and hearing of a police officer.
• Interviews of suspects (w/n conducted at a police station), must normally be contemporaneously recorded [PACE
Code C, para.11.7] and the suspect must be given the opportunity to verify the record. Interviews conducted under
caution must be recorded using an authorised recording device [PACE Code E, para.2.1].
Page 5
, What about when the suspect is from a special category of person?
• A child/young person/mentally disordered/vulnerable person must not be interviewed or asked to provide/sign a
written statement in the absence of an appropriate adult unless the condition for conducting an interview away from
a police station are satisfied or the interview is authorised by ≥Superintendent [PACE Code C, para.11.18].
• Where a person needs an interpreter they must not be interviewed without an interpreter unless the interview is
authorised by ≥Superintendent for fear of adverse consequences [PACE Code C, para.11.1(a)-(c)].
• The person being interviewed must be able to appreciate the significance of the questions asked and their answers,
something that might be impaired because of the effects of drink/drugs or illness. In such a circumstance the
interview would need to be authorised by ≥Superintendent.
What is a custody officer?
The Custody Officer must be rank ≥Sergeant and they are responsible for the welfare and handling of suspects at the
police station and for the custody record.
What is a custody record?
The custody record contains all information required by PACE, such as: condition of the arrested person, whether
they have eaten, whether they slept, etc. It is effectively a log of the times and events that occurred during detention.
• A custody record must be opened ASAP in respect of each person who is brought to the police station under arrest.
• A custody record does not need to be opened in respect of a volunteer who is not arrested.
• If the detained person is transferred to another police station, the custody record must accompany him, and must
show the time and reason for the transfer.
What is the “relevant time” for the purposes of detention without charge?
The “relevant time” is the time that the arrested person first arrives at the police station, or 24 hours after the arrest,
whichever is sooner [s.42(1) PACE].
• Where a person is released on police bail and then surrenders to custody/is arrested for failure to surrender, relevant
time is that which applies to original detention but any time during which the person was on bail is not included
[s.47(6) PACE].
What rights does a person being detained have?
• A person who is arrested and held in custody has a right to have one person who is known to him/has an interest in
his welfare told of his arrest and the place where he is being detained [s.56(1) PACE]. This is to be done ASAP.
Custody officer must inform the arrested person of this right [PACE Code C, para.5.3].
• A person who is arrested and held in custody has a right to consult a solicitor privately at any time [s.58 PACE]. The
right to legal assistance may apply prior to the decision to detain a person and even before arrest. A person must
be told of his right to free legal advice when he is brought to a police station [PACE Code C, paras. 3.1 & 6.1] and
before any major event (i.e., interview or giving a sample).
• Entitlement to free and independent legal advice;
• The arrival of solicitor should be awaited unless unreasonable delay would be caused to process of investigation
[PACE Code C, para. 6.6(b)(ii)] or the solicitor cannot be contacted or has declined to attend.
• Right to consult Codes of Practice.
Must special measures be undertaken with young people and mentally disordered or vulnerable persons?
Yes; if officer has any reason to suspect a person may be vulnerable, in absence of clear evidence to dispel that
suspicion, the person must be treated as such and should be assessed as soon as possible.
• A child cannot be detained in a police cell and a vulnerable person should not be detained w/o officer first
consulting a registered medical practitioner. IAE, maximum period that a person can be detained at a police station
is reduced from 72 hours to 24 hours (extendable by 12 hours).
• If police suspect that person being detained may be mentally disordered/a child then he must have an appropriate
adult (parent/guardian or social worker or person charged with care, ≠ a solicitor) present at police station.
What must the interviewing officer put to the interviewee in interview, after cautioning?
The interviewee must be given sufficient information to understand nature of suspected offence and why they are
believed to have committed it [PACE C.C P11.1A]. The interviewing officer should also put to the interviewee all that
he has said prior to the interview.
Who would provide advice on charge?
GR: Crown Prosecutor (on behalf of DPP) will provide advice. However, if matter is likely to be dealt with by MC then
Custody Sergeant can provide advice. The Crown Prosecutor will consider a two-stage test: evidence must be
sufficient to provide realistic prospect of conviction and there must be sufficient public interest in prosecution.
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