Summary Criminal Litigation UNIT 2 - Preliminaries to Prosecution

2. Preliminaries to Prosecution
Includes:

- Introduction to PACE.
- Powers of Investigation
o Code C.10 (Cautions and Special Warnings);
o Code C.11(Interviews);
o Code D.3 (Identification.
- Powers of Arrest (PACE Part I)
o Arrest without Warrant; and
o Arrest under Warrant.
- Role of the Crown Prosecution Service.
- Procedure for Starting a Prosecution and Securing the Presence of the
Accused.
- Time Limits on Charges.

Introduction to PACE
The PACE statutory framework provides the core rules governing police powers
and safeguards on matters including stop and search, arrest, detention, identification
of suspects and interviewing detainees.

PACE and its associated Codes of Practice set out to strike the right balance
between the powers of the police and the rights and freedoms of the public.

A breach of the PACE Codes can have a seriously adverse effect on the prosecution
of a case. Both prosecuting and defence counsel need to be alive to potential
breaches of the Codes of Practice under PACE as they can affect the conduct of a
case and result in the exclusion of evidence.

Therefore, all police investigations must be carried out in accordance with the Police
and Criminal Evidence Act PACE Codes of Conduct:

A. Powers of Stop and search
B. Searching Premises
C. Identification of People
D. Tape recording of interviews
E. Visual recording of interviews with sound
F. Powers of arrest
G. Terrorism

Failure to abide by these codes may result in evidence being excluded as
inadmissible or the entire case being stayed as abuse of process.



Powers of Investigation

,D1.1 The police powers of investigation include arrest, detention, interrogation,
entry and search of premises, personal search and taking samples and various
procedures for identification.


Reasonable Suspicion

D1.4 A number of police powers are promised upon a constable having reasonable
grounds for suspicion.

While reasonable suspicion is not defined under PACE 1984, The PACE Code A,
paras 2.2-2.6 create a twofold test:

That the constable carrying out the arrest actually suspects (a subjective test)
and a reasonable person in possession of the facts would also suspect (an
objective test).

Reasonable suspicion is not confined to information which indicates guilt as the
standard is lower than required to establish a case. Suspicion may take into account
matters which are not admissible evidence.


Use of Force

D1.7 Section 117 PACE 1984, provides that any provision that confers a power on a
constable, where the power may be exercised without the consent of the other
person, the officer may use reasonable force, if necessary.
- This also extends to civilians in the prevention of crime or assisting a police officer.
This includes:
 Stop and Search, under Part 1;
 Entry and Search of Premises, under Ss 17
 Arrest, under s24
 Detention of a person at a police station under Part IV;
 Search of a Person, under S54;
 Intimate Search of a Detained Person, s55.
 Finger printing without consent, s61;
 Taking of a non-intimate sample without consent, s62.
The use of excessive force, will render an arrest unlawful.

D1.8 Handcuffs should only be used when reasonably necessary to prevent an
escape or to prevent a violent breach of the peace by a prisoner.
- This extends to court rooms.

Code C.10 (Cautions and Special Warnings)

Codes C.10 regulates cautions and special warnings in police investigations.

, Cautions


C.10 caution:

‘You do you not have to say anything, but it may harm your defence if you do not
mention when questioned something which you later rely on in court. Anything
you do say maybe given in evidence’.


- D1.84 The exact wording can be slightly different as long as ‘the sense of the
caution is preserved’ (para 10.7)

This caution must be given to:

‘A person whom there are grounds to suspect of an offence’

BEFORE

‘Any questions about an offence, or further questions, if their general answers
provide grounds for suspicion*’,

IF

‘Either the suspects answers or silence may be given in evidence’.

- *’grounds for suspicion’ means reasonable and objective grounds to
suspect the person of a criminal offence.


A caution is, therefore, not necessary for general questions (eg what is your
name?).



A caution must also be given at the point of arrest, unless:

 It is impracticable to do so because of the arrestee’s condition or behaviour;
or

 The arrestee has already been cautioned immediately before arrest.

The caution should be re-administered after any significant breaking questioning.

- If originally administered to a child or vulnerable adult, it should be repeated in
the presence of an appropriate adult.