Podcast
Questions and Answers
What is the overriding objective of the Criminal Procedure Rules?
What is the overriding objective of the Criminal Procedure Rules?
- To expedite all cases regardless of their nature.
- To deal with cases justly, including acquitting the innocent. (correct)
- To ensure that every offender receives a custodial sentence.
- To prioritize the prosecution of serious offenses exclusively.
Which type of court handles all summary-only offenses?
Which type of court handles all summary-only offenses?
- High Court
- Youth Court
- Crown Court
- Magistrate's Court (correct)
Who makes up the bench in the Youth Court?
Who makes up the bench in the Youth Court?
- Three lay Magistrates only.
- Lay Magistrates trained to deal with youth cases. (correct)
- Only District Judges with significant experience.
- A High Court judge and two Magistrates.
What types of offenses does the Crown Court try?
What types of offenses does the Crown Court try?
What must parties in a case do according to the overriding objective?
What must parties in a case do according to the overriding objective?
What role does the legal advisor play in the Magistrate's Court?
What role does the legal advisor play in the Magistrate's Court?
Which statement about custodial sentences is correct?
Which statement about custodial sentences is correct?
What must the court consider when furthering the overriding objective?
What must the court consider when furthering the overriding objective?
What is one of the reasons for making an arrest under Section 24(5) PACE?
What is one of the reasons for making an arrest under Section 24(5) PACE?
Which of the following is NOT a reason for arrest according to Section 24(5) PACE?
Which of the following is NOT a reason for arrest according to Section 24(5) PACE?
What element must police demonstrate in relation to the burden of proof for a lawful arrest?
What element must police demonstrate in relation to the burden of proof for a lawful arrest?
Under what circumstances can a police officer issue a warrant?
Under what circumstances can a police officer issue a warrant?
What must be recorded in the police constable’s notebook during an arrest?
What must be recorded in the police constable’s notebook during an arrest?
Which condition does NOT require a police officer to obtain a warrant?
Which condition does NOT require a police officer to obtain a warrant?
What does PACE Code C state about subsequent evidence if certain standards are not met?
What does PACE Code C state about subsequent evidence if certain standards are not met?
What is one of the requirements for a warrant as per the Magistrates Court Act 1980?
What is one of the requirements for a warrant as per the Magistrates Court Act 1980?
What must be believed for a civilian to effect an arrest under PACE 1984?
What must be believed for a civilian to effect an arrest under PACE 1984?
Which factor is NOT considered when determining whether the use of force in an arrest was reasonable?
Which factor is NOT considered when determining whether the use of force in an arrest was reasonable?
In which circumstance can a warrant for arrest be issued by the Crown Court?
In which circumstance can a warrant for arrest be issued by the Crown Court?
What does the caution imply when a suspect is arrested?
What does the caution imply when a suspect is arrested?
Which of the following reflects proper civilian power of arrest?
Which of the following reflects proper civilian power of arrest?
What may result from unreasonable use of force during an arrest?
What may result from unreasonable use of force during an arrest?
When is a caution required to be given to a suspect?
When is a caution required to be given to a suspect?
Under what conditions may reasonable force be used during an arrest?
Under what conditions may reasonable force be used during an arrest?
What is the maximum total detention time before the police must charge or release an individual?
What is the maximum total detention time before the police must charge or release an individual?
When can a magistrate issue a second extension for detention?
When can a magistrate issue a second extension for detention?
What should happen if a magistrate believes that the application for extension could have been made earlier?
What should happen if a magistrate believes that the application for extension could have been made earlier?
How long can a police cell detain a child under s 136 of the Mental Health Act?
How long can a police cell detain a child under s 136 of the Mental Health Act?
What is required if an individual is kept in custody beyond the initial detention time?
What is required if an individual is kept in custody beyond the initial detention time?
In what circumstance can a police officer extend detention before reaching the first 36 hours?
In what circumstance can a police officer extend detention before reaching the first 36 hours?
What should happen if a mentally vulnerable person is to be detained?
What should happen if a mentally vulnerable person is to be detained?
What is the consequence if new evidence becomes available after a suspect has been bailed?
What is the consequence if new evidence becomes available after a suspect has been bailed?
What is the primary role of the Court of Appeal?
What is the primary role of the Court of Appeal?
Which court has limited supervisory authority over the Magistrate’s and Youth Courts?
Which court has limited supervisory authority over the Magistrate’s and Youth Courts?
Which type of offence would be categorized as 'Indictable Only'?
Which type of offence would be categorized as 'Indictable Only'?
What is one characteristic of summary offences?
What is one characteristic of summary offences?
Which of the following offences is classified as 'Either Way'?
Which of the following offences is classified as 'Either Way'?
What is a defining feature of the Supreme Court's jurisdiction?
What is a defining feature of the Supreme Court's jurisdiction?
In the classification of offences, which of the following is NOT 'summary only'?
In the classification of offences, which of the following is NOT 'summary only'?
What does a designated official at the Magistrates' Court assess when considering a representation order?
What does a designated official at the Magistrates' Court assess when considering a representation order?
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Study Notes
Criminal Procedure Overview
- The overriding objective centers on administering justice by acquitting the innocent and convicting the guilty, emphasizing efficiency in case handling.
- Courts must act in accordance with this objective, utilizing case management powers effectively.
Court Structure
- Magistrate’s Court: Handles summary-only and some either-way offences; features either lay magistrates with a legal advisor or a District Judge, serves as a tribunal of law and fact.
- Youth Court: Specialized for offenders under 18, utilizing trained magistrates from the Magistrate’s Court.
- Crown Court: Deals with indictable-only offences and some either-way cases, presided over by a High Court judge, Circuit judge, or Recorder; functions primarily as a tribunal of law with a jury as the fact-finder.
- High Court: Provides limited supervision of the Magistrate’s and Youth Courts, primarily handling judicial reviews.
- Court of Appeal: Functions exclusively as an appellate court examining appeals from the Crown Court with the permission of the court.
- Supreme Court: Addresses appeals from the Court of Appeal involving significant legal issues of public importance.
Offence Categories
- Summary Only Offences: Includes common assault, criminal damage (≤£5K), and minor driving offences.
- Either Way Offences: Examples include theft, burglary, fraud, sexual assault, and various drug-related charges.
- Indictable Only Offences: Comprises serious crimes such as robbery, rape, and wounding with intent.
Public Funding for Representation
- Representation orders are granted after a two-stage test by designated officials at the Magistrates.
- Arrests require specification of reasons, including public safety, investigation efficacy, and effectiveness in preventing further offences.
Arrest Protocols
- Police must demonstrate that an arrest was lawful, particularly when a warrant is involved.
- Civilian powers allow arrest for anticipatory indictable offences or to prevent breaches of peace.
- Reasonable force is permitted, but excessive force may lead to claims of trespass without invalidating the arrest itself.
Cautioning Procedure
- Individuals are informed of their right to remain silent and the implications of statements made during questioning.
- Cautions must be issued upon arrest and during investigations to ensure compliance with PACE Code C.
- Holding periods for detainees can extend, but the original timeline must be adhered to; extensions beyond 36 hours require a Magistrate’s approval.
Vulnerable Persons Handling
- Children and mentally vulnerable individuals may be placed in a 'place of safety' under specific provisions of the Mental Health Act.
- Police cells are deemed inappropriate for child detainees' safety and well-being.
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