Custody Procedures

Question 1

Directing to court

Answer 1

• Needs to have sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge
• CPS to charge
• Police can charge, summary offence, Plea, retail theft or offence anticipated guilty plea

Question 2

Full Code test

Answer 2

Evidence stage
- realistic prospect of conviction
- Officer must ensure all points to prove for offence

Public interest stage
- public interest for case to be prosecuted at court
- would be better as - out of court disposal

Question 3

Out of court disposal

Answer 3

• PND
• Restorative justice
• Adult caution
• youth caution
• Triage
• Community resolution

Question 4

Adult caution (simple)

Answer 4

-Formal warning
- Admits offence
- Offence is eligible
- Non statutory disposal

Question 5

Adult caution (conditional)

Answer 5

• similar to simple

Caution but has to be rehabilative, reparative and I or punitive contortive attached to it must be appropriate and achievable and proportionate

Question 6

Youth Caution

Answer 6

• Admits guilt
• referred to YOT
• same requirements as adult caution
• appropriate adult present

Question 7

Community resolution order

Answer 7

• Agreement between victim and offender
• similar to restorative justice techniques
• informal non-statuary disposal
• guilty admission

NOT:
- Domestic - Hate Crimes - Sexual offence -weapons -firearms

Question 8

Released under investigation (RUI)

Answer 8

• Released pre-charged with no condition
• No time restraint
• last resort
• no further action

Question 9

Post charge bail

Answer 9

• To attend magistrates
• cases have initial hearing
• Custody officer has responsibility
• No Live link
• Powers of arrest fail to appear
• live link if suspect in custody

Question 10

Informing suspect of bail or RUI

Answer 10

• Must inform suspect
  -Every 28 Days
• No further actions - Letter sent
• consider suspect informed of further allegation
• falsely accused - treated as victim