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

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.

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.