A section 8 Criminal Procedure and Investigations Act 1996
application is used when the defence believes the prosecution are
withholding information that can assist their defence
Can only apply after a defence statement has been
served - material needs to be specified when the
Y application is made
Week 14-16 Christmas Break
Week 17 Disclosure to a Solicitor
PACE Code C: 6.1 - “All detainees must be informed that they may at any time
consult or communicate privately with a solicitor, whether in person, in
writing or by telephone and that free independent legal advice is available”
Aim of legal advisor;
• To influence the Police to accept their current is not
guilty
• To influence the police to not charge their client
• If a client is charged, to put them in the most
favourable position
, The charging process:
After interview, if the decision to charge is made then
Police will discuss with the CPS
The CPS apply the full code test as to whether to charge
or not
If CPS agree to charge; suspect will be informed by the
OIC of the caution and charge in front of the custody
sergeant
Any responses from the suspect is recorded by the
custody sgt and suspect signs the charge sheet
Remand
A pre-trial detention for suspects that;
a. Hold an offending history
b. Risk not attending court
c. Risk committing further offences
d. Previously have broken BC
Allows for a custody sgt to apply to strip an offenders liberties for them to
remain in custody/prison pending their hearing
Hearing
Magistrates Court:
Not Guilty Guilty
• pros to summarise facts • CPS to summarise facts
• dispute • Def give mitigating factors
• def give evidence • Sentence passed
• Closing statement
application is used when the defence believes the prosecution are
withholding information that can assist their defence
Can only apply after a defence statement has been
served - material needs to be specified when the
Y application is made
Week 14-16 Christmas Break
Week 17 Disclosure to a Solicitor
PACE Code C: 6.1 - “All detainees must be informed that they may at any time
consult or communicate privately with a solicitor, whether in person, in
writing or by telephone and that free independent legal advice is available”
Aim of legal advisor;
• To influence the Police to accept their current is not
guilty
• To influence the police to not charge their client
• If a client is charged, to put them in the most
favourable position
, The charging process:
After interview, if the decision to charge is made then
Police will discuss with the CPS
The CPS apply the full code test as to whether to charge
or not
If CPS agree to charge; suspect will be informed by the
OIC of the caution and charge in front of the custody
sergeant
Any responses from the suspect is recorded by the
custody sgt and suspect signs the charge sheet
Remand
A pre-trial detention for suspects that;
a. Hold an offending history
b. Risk not attending court
c. Risk committing further offences
d. Previously have broken BC
Allows for a custody sgt to apply to strip an offenders liberties for them to
remain in custody/prison pending their hearing
Hearing
Magistrates Court:
Not Guilty Guilty
• pros to summarise facts • CPS to summarise facts
• dispute • Def give mitigating factors
• def give evidence • Sentence passed
• Closing statement
