SQE1 - Criminal Practice

Summary only: can be tried only in Magistrates' Court, e.g. assault, battery, criminal damage under £5k - NA Indictable only: can be tried only in Crown Court, e.g. robbery, rape, s18 GBH, murder, homicide, aggravated criminal damage - NA Either way: can be tried in Magistrates' or Crown Court, e.g. theft, criminal damage, fraud, burglary, arson, ABH, s20 GBH - NA When suspect request legal advice, DSCC is contacted and will then determine whether telephone advice is sufficient or whether a solicitor should attend police station. - NA Delay in accessing legal advice is permitted only when arrested on indictable only or either way offence; superintendent or rank above authorize in writing; and officer has reasonable ground to believe exercise of right will lead to interference with evidence or others, alert other suspect or hinder recovery of property. Can be delayed 36 at most. It's extremely rare to delay. - NA Suspect has right to have someone informed of arrest. Delay is permitted only when: arrested on indictable only or either way offence; inspector or rank above authorize in writing; and officer has reasonable ground to believe exercise of right will lead to interference with evidence or others, alert other suspect or hinder recovery of property. Can be delayed 36 hours at most. - DELETE: Can be delayed how many hours at most? - 36 hours Max time suspect can be kept in custody without being charged is how many hours? Time starts when suspect enters police station. - 24 hours Further 12-hour extension (taking total to 36) can be granted if arrested on indictable only or either way offence; superintendent or rank above authorize in writing; and officer has reasonable ground to believe further detention is necessary to preserve evidence. - NA Further 36-hour extension on first application and 24-hour on second application can be granted by Magistrates' Court, taking total to 96 hours (4 days) if arrested on indictable only or either way offence; court has reasonable ground to believe further detention is necessary - NA If witness is taken to scene to identify suspect who is arrested, formal identification must then be carried out. - NA Identification procedure (1) video identification - moving images of 8 or more (2) identification parade - 8 or more appear in a line (3) group identification - informal group (4) confrontation - NA