What is s.56
indictable offence
informed
inspector rank
max 36 hrs from time of arrival (relevant time)
must be confirmed in writing
what are “reasonable grounds” of s.56
reasonable grounds to believe that informing such a person is going to leave harm to evidence, hindering of property etc
what is s.58
rightto have a solicitor
this right can be delayed rarely
Who has grounds to delay right of solicitor
superintendent
indictable offence
reasonable grounds same as s.56
What must happen if right to solicitor is delayed
access to alternative solicitor (duty solicitor)
what is s.34
inference arising from SILENCE during interview
BUT at trial raising a fact which they could have reasonable been expected to raise when questioned
What are the Argent factors
only apply to s.34
s.36
failure to account for mark, substance
at the TIME OF ARREST
what are inferences drawn from s.34
adverse inference
silent in interview
then at trial raise something that should have been raised at interview
what is caution under s.36
special warning
refusal to account from interview under caution
what is s.37
scene of presence at time of arrest
requires interview under caution with special warning
what are the times for review
first one is 6 hrs
second is no later than 9 hrs after previous ones
ID procedures (know all four)
VIPER procedure of choice
who does ID procedure
inspector and indepdent of investigation
what can the charges be that follow ID procedures
no further action
caution
release under investigation
charge with bail
charge remand with custody
DIVAS
disclosure
inferences
version of events
admissibility of evidence
strength of evidence
Role as Solicitor in interview
when does prosecution have to bring a charge
six months of summary only offence
(date of offence and the date of charge)
What happens at First Hearing
plea for summary only and either way
indication of pea for indictable only offence
summary only at mag’s first hearing
only be tried at magistrate
either way at mag’s first hearing
on conviction, does the mag’s have sufficient sentencing powers
legally, complexity, better tried at crown court
defendant has a choice to elect crown court trial (only happen once mag have ACCEPTED jursidction)
if they reject jurisdiction then there is no choice)
indictable only at mag’s first hearing
bail application at mag’s court
but for murder; no jurisdiction
conspiracy and attempted murder there is a possiblity
what form is needed for plea in
PET FORM
summary only and either way
what form is needed for indictable only
better case management
