Unit 5/6 - Evidence & Police and Criminal Evidence Act 1984

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Questions and Answers

What is required for police to interview an intoxicated person?

Consent from the intoxicated individual

Approval from an officer of superintendent rank (correct)

Approval from any officer

Presence of a legal advisor

What concept distinguishes reasonable suspicion from reasonable belief for arrest under PACE 1984?

The time of day the arrest is made

The nature of the evidence required (correct)

The rank of the officer making the arrest

The approachability of witnesses

What is the basis for reasonable suspicion according to PACE 1984?

The mental state of the officer

Public opinion about the situation

A subjective belief held by the officer only

The existence of facts and an objective basis (correct)

In cases of arrest under PACE 1984, what must the officer's suspicion be based on?

Known facts and information Signup and view all the answers

Which of the following statements is true of reasonable suspicion in the context of stop and search?

It demands evidence but is not strictly defined. Signup and view all the answers

What does the term 'Wednesbury reasonable' refer to in the context of police arrests?

A legal standard for the legitimacy of actions taken by officers Signup and view all the answers

Which legal case illustrates that an officer's mistaken view of law does not constitute reasonable suspicion?

Todd v DPP Signup and view all the answers

What test does reasonable suspicion involve according to the principles laid out in PACE?

Objective suspicion by reasonable persons Signup and view all the answers

What constitutes a confession under the Police and Criminal Evidence Act 1984?

Statements made to friends or colleagues Signup and view all the answers

Which of the following can lead to the exclusion of a confession as evidence?

The confession being coerced due to oppression Signup and view all the answers

Under what circumstance can a retracted guilty plea be excluded from evidence?

If it adversely affects the fairness of the proceedings Signup and view all the answers

What is the primary purpose of section 78 of the Police and Criminal Evidence Act 1984?

To outline criteria for excluding evidence that may adversely affect fairness Signup and view all the answers

Which type of admission may NOT be considered a confession under the Police and Criminal Evidence Act 1984?

Plea in mitigation made by an attorney Signup and view all the answers

For a confession to be admissible under section 76, it must not be excluded on which basis?

It was made voluntarily and without any coercion Signup and view all the answers

How does section 82(1) of the Police and Criminal Evidence Act 1984 define 'confession'?

Any acknowledgment of guilt made by the accused Signup and view all the answers

What is the consequence if the only proof of an accused's statement comes from the confession itself?

It should not be admitted against the accused Signup and view all the answers

Which of the following actions could be considered a 'statement' under the context of the PACE 1984?

A thumbs-up sign in response to an accusation Signup and view all the answers

What distinguishes a 'mixed statement' according to PACE 1984?

It can be partially confessional and partially exculpatory Signup and view all the answers

Under what condition may a court exclude a confession made by an accused person?

If it was obtained by oppression Signup and view all the answers

What type of confession may be admissible in court under the PACE 1984?

Confessions that are relevant and not obtained through oppression Signup and view all the answers

What does it mean for a confession to be 'wholly or partly adverse'?

It includes statements against the maker's interest Signup and view all the answers

Which of the following is NOT considered a statement under PACE 1984?

Driving away quickly from an accident scene Signup and view all the answers

What is required for the prosecution to use a confession obtained under questionable circumstances?

It must be proven to the court beyond reasonable doubt that the confession was true Signup and view all the answers

What question must be addressed when determining if words amount to a partial confession?

Whether the words were spoken at all Signup and view all the answers

What is the main reason a court might exclude evidence under section 78?

If the evidence was obtained in a way that compromises the fairness of the proceedings. Signup and view all the answers

In which case was the presence of an inappropriate adult, specifically a juvenile's estranged father, considered a breach of procedure?

DPP v Blake [1989] 1 WLR 432 Signup and view all the answers

What standard must the accused meet to persuade the court to exercise its power under section 78?

Balance of probabilities. Signup and view all the answers

What does section 66 of the PACE 1984 focus on regarding codes of practice?

They are admissible in both criminal and civil proceedings. Signup and view all the answers

What was a notable finding regarding the father acting as an appropriate adult in Morse [1991]?

He had a low IQ and could not appreciate the gravity of the situation. Signup and view all the answers

When might the Court of Appeal interfere with a trial judge's decision regarding the admission of evidence under section 78?

If the decision is seen as perverse. Signup and view all the answers

What did the case Waters [1989] Crim LR 62 highlight as a significant issue in evidence gathering?

Questioning that led to uncertain and unreliable responses. Signup and view all the answers

Which of the following is true regarding the breach of a relevant code provision under PACE?

It may allow the confession if certain conditions are met. Signup and view all the answers

Under what condition must the interview of a person who hasn't been charged cease?

When all relevant questions have been asked and other evidence considered. Signup and view all the answers

What is required for interviews of suspects to be considered valid?

Interviews must normally be contemporaneously recorded. Signup and view all the answers

What must be done when a suspect makes unsolicited comments outside of an interview?

The comments must be recorded and verified if possible. Signup and view all the answers

Who may interview a child or young person without an appropriate adult present?

An officer of the rank of superintendent or above if conditions are met. Signup and view all the answers

What dictates the requirement for an interpreter during interviews?

The custody officer's discretion. Signup and view all the answers

Which scenario allows for the interview of a person without an appropriate adult?

When the interview is extremely urgent and other conditions are satisfied. Signup and view all the answers

What constitutes sufficient evidence for an officer to believe in a realistic prospect of conviction?

Relevant evidence considered by the officer. Signup and view all the answers

When can the maximum detention period be disregarded during an interview?

Under conditions set by PACE 1984. Signup and view all the answers

What is the definition of a 'juvenile' according to the PACE 1984?

Anyone under the age of 18 years. Signup and view all the answers

What does the Children Act 2004, s. 11 require the police to do?

Safeguard and promote the welfare of children. Signup and view all the answers

Which individual is NOT considered an appropriate adult for a young suspect?

A parent who is estranged and unwanted by the young person. Signup and view all the answers

What is required when an officer suspects a person may be vulnerable?

The individual must be treated as vulnerable unless proven otherwise. Signup and view all the answers

Under what conditions can a police station serve as a place of safety for adults?

If the relevant decision-maker is satisfied about the situation. Signup and view all the answers

Which section of the Mental Health Act 1983 applies to the assessment of vulnerable individuals?

Section 136. Signup and view all the answers

Who is NOT qualified to act as an appropriate adult if they are unable to understand the situation?

An illiterate parent with low IQ. Signup and view all the answers

What must happen to a person detained under s. 136 of the Mental Health Act 1983?

They must be assessed by a mental health professional as soon as possible. Signup and view all the answers

Study Notes

Syllabus Area 2: Preliminaries to Prosecution

Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE) are crucial to criminal investigations.
Code C.10 details cautions and special warnings, Code C.11 outlines interviewing procedures.
The main powers of arrest, detention, and suspect treatment are examinable topics.

Syllabus Area 10: Preliminary Evidential Matters

Common law powers and discretionary powers to exclude evidence under section 78 of PACE are key topics.

Syllabus Area 16: Confessions and Unlawfully Obtained Evidence

The definition of confessions under PACE is important.
The admissibility and exclusion of confessions are crucial.
Determining confession admissibility utilizes the voir dire procedure.
Evidence obtained from inadmissible confessions is also considered.
The exclusion of other prosecution evidence under common law and PACE section 78 is a key point.
Common categories of evidence subject to exclusion applications under section 78 are examinable.
Applications to exclude evidence under section 78 can be made or challenged.
Examinable material on the PACE Codes of Practice and their importance to criminal investigations will focus on general consideration of police powers in criminal investigations. Relevant material is found in paragraph D1.1 of Blackstone's Criminal Practice 2024.
Police powers of investigation, arrest, detention, interrogation, entry, search of premises, personal searches, and sampling procedures are governed by PACE 1984 and its associated codes.
Failure by a police officer to adhere to the provisions of the codes does not automatically lead to criminal or civil proceedings (PACE 1984, s. 67(10)), but relevant codes are admissible in court proceedings (s. 67(11)).
Examinable materials on Code C.10 and C.11 will cover interviewing suspects. Definitions, cautions, warnings, legal advice, statements and silence, recording, categories of people (intoxicated persons), and conduct during the interview are included in paragraphs D1.81-D1.92 of Blackstone's Criminal Practice 2024.
Para 10.1 of Code C states that suspects should be cautioned before answering questions about offences, or any further questions regarding the offence if their answers or silence could strengthen a suspicion. Cautions are not necessary if identifying a person, vehicle, or for other purposes such as verifying a statutory requirement, proper search procedures, or verification of documentation.
Interviews can be conducted at a police station, or other authorised detention locations, unless delays in such locations could cause harm to evidence, other people, or property.
A caution must be administered at the start of an interview, regardless of whether these interviews occur in a police station. This applies to situations involving an arrest as well.
The normal caution is explicitly outlined in para 10.5 of Code C. It states that a suspect is not obligated to say anything; however, failure to provide information could potentially be detrimental to their defense. Any statement made could be used as evidence against them. Interpretations of the caution, and issues of not perfectly translating are detailed.
If a suspect does not understand the caution they are given, the person giving the caution should explain it in their own words.
The grounds for suspicion of an offence must be objectively reasonable, based on known facts or information, not just subjective opinion.
Police must provide sufficient information to a suspect about the nature of the suspected offense and why they are suspected before commencing an interview. Disclosure should be avoided where it prejudices the ongoing investigation.
Special warnings are required in specific circumstances involving searches of suspects or locations. In these instances inferences about the suspect cannot be drawn if the warnings are not given as required.
Prior to any interview the interviewer needs to inform the suspect of their right to legal advice. Delay to legal advice can only be exceptional.
At the commencement of an interview, specific warnings are required. Significant statements or silences that were recorded in the presence of an officer, who are not part of a previous interview, must be relayed directly to the suspect at the start of the interview.
Police officers are restricted from leveraging undue pressure or coercion to obtain statements or answers from suspects. They cannot indicate what the likely consequences are if a suspect answers or refuses to answer questions. Appropriate action plans must be justified. If pressed by the suspect, the officer is permitted to state the action that might be taken.
The interview of a suspect who has not been charged or informed that prosecution is a possibility should finish when the officer in-charge is satisfied that all relevant issues have been addressed. This occurs when the officer in-charge has considered all pertinent information, and believes there are adequate grounds for conviction. This is subject to maximum detention periods without charge.

Detention and Treatment of Suspects: Custody Officer

The custody officer must inform the suspect of their rights.
Persons who have been arrested will be taken to a police station, or alternative legally-designated location.
The Custody officer will have a responsibility for the custody record to be opened as soon as possible once a person is taken into custody.
A custody record must also include the time of any transfers between police stations.
The right for a person who has been arrested and held in custody at a police station to consult with a solicitor privately is guaranteed at any time.
A person can ask a solicitor to attend to support their interests to ensure that the procedures are fair and legal.
A person must be informed of the right to free legal advice when brought into a police station on arrest or at the commencement of an interview.
If a suspect cannot be contacted to advise of options to the officer in-charge, additional attempts may be made to reach them until the information has been conveyed.
Where a child or vulnerable person is accused, or there is some concerns about their mental health, the appropriate adults are required.
The custody officer can be required to check with a medical professional in cases where a person may be vulnerable.
The detention time limits for suspects should be carefully monitored and documented.
The normal maximum period of detention without charge is 24 hours.
Detention times may be extended up to 36 hours by a superintendent.
They may be extended up to 96 hours by a magistrate's court.

Preliminary Evidential Matters

Common law powers and discretionary powers to exclude evidence under section 78 of PACE.

Confessions and Unlawfully Obtained Evidence

Definition of confessions under PACE.
Admissibility and exclusion of confessions.
Determining admissibility using the voir dire procedure.
Exclusion of other evidence under common law and PACE section 78.
Categories of evidence subject to exclusion applications under section 78.

Use of Force

Police officers can exercise reasonable force in certain circumstances.
Force must be both necessary and proportionate.
The circumstances of each case, the crime, the suspect, and harm avoidance will factor into decisions about the amount of force used.

Handcuffs

Handcuffs should only be used when reasonably necessary to prevent escape or a breach of the peace.

Detention

The general rule for custody is having the suspect taken to a police station after arrest.
The maximum time a person can be held in custody.
The time period for custody will depend on the type of offense.

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Test your knowledge on the Police and Criminal Evidence Act (PACE) 1984. This quiz covers essential concepts such as reasonable suspicion, legal definitions of confessions, and the criteria for arrest. Engage with critical legal principles that govern police conduct and evidence admission in criminal cases.