Criminal Process 1

Criminal Process 1

1. Interviews

   • Interviews must all be taped
     • Disadvantage as the aim of an interview is to get a confession and not the actual truth
   • There is a right to legal advice
     • Can be done via telephone and may be seen as a disadvantage to the suspect
   • Appropriate adult when deemed necessary
   • Interview room must be a reasonable temperature and breaks and refreshments must be provided.

2. In Station Search

   • Police have the right to strip the suspect. But only to remove an article which is not allowed during the process of detention which they are keeping concealed, such as a knife.
   • A more intimate search can be authorised by a high ranking officer if there is reason to believe there is items which can be used to cause injury or in possession of a class A drug
   • Rights of the induvidual
     • Right to not be automatically searched.
     • Only deemed necessary in order to find a prohibited article.
     • To be done in a private place and only half clothing at a time and by same sex officer.
     • Intimate search is only to be carried out by a doctor or nurse if it is authorised by a high ranking officer looking for Class A drugs or any weapons.

3. Pre-Trial Matters

   • Types of Offences
     • Summary Offences
       • Less serious offence always tried in the Magistrates Court.
         • Driving Offences and Common Assualt
     • Tri-able either way
       • Middle range offences which vary in the degree of harm caused.
         • Theft, Assault or Bodily Harm
     • Indictable Offences
       • More serious offences which must be tried in crown court.
         • Murder, Rape or Manslaughter
   • Which Court?
     • Plea Before Venue
       • This is where the defendant pleas, guilty or not.
         • If guilty the case is automatically heard in the Mags Court. But the option is retained of sending the defendant to the Crown Court if sentence is required.
         • If pleads not guilty, a mode of trial must take place to decide on the most appropriate court to try the case.
           • First consider whether they think the case is suitable for trail in the magistrates court. If the feel this is not suitable they will transfer it to the crown court and the defendant will have no choice.
             • If Mags feel prepared to accept jurisdiction of the case the defendant is given the choice of which court they wish to be tried in.