Uk Criminal Law: Sections

Front 1

S. 24 PACE Act 1984

Back 1

An arrest can be made without a warrant in the event that an offence is being/has been or is about to be committed.

Front 2

S. 24 (5) PACE Act 1984

Back 2

An arrest without warrant can also be made in order to:

-prevent a public decency offence
-prevent loss or damage to property
-prevent harm or sufferring to the arrestee or others
-ascertain a name & address
-prevent unlawful obstruction of the highway
-to protect a child or other vulnerable person
-to allow the prompt and effective investigation of the offence or of the arrestee’s conduct

Front 3

S. 142 Criminal Justice Act 2003

Back 3

The purpose of sentencing is to:

-punish
-rehabilitate
-reduce crime by way of deterrent
-reparate by way of compensation
-protect the public

Is the offence so serious that neither a fine nor a community order are justified? If so, custody must be for the shortest time commensurate with the seriousness of the offence.

Front 4

S. 143 CJA 2003

Back 4

Relevant previous convictions & offending on bail must be treated as aggravating factors

Front 5

S. 144 CJA 2003

Back 5

The court must consider "credit" for a guilty plea

Front 6

S. 145-146 CJA 2003

Back 6

Hostility towards race, sexual orientation, religion or disability are aggravating factors

Front 7

s. 19 CJA 2003

Back 7

Prima facie right to bail displaced where class Adrugs are involved & the arrested refuses a risk assessment or treatment order

Front 8

s. 190 CJA 2003

Back 8

the court may impose one or more requirements to complete in the community--the "supervised period"

Front 9

s. 19 MCA 1980

Back 9

he court must hear representations from the prosecution and defence about which court may be most suitable to try the offence. The Magistrates must consider the adequacy of their sentencing powers and may consider the defendant’s previous convictions. The court should also have regard to the sentencing council’s Allocation Guidelines.

Front 10

s. 108 MCA 1980

Back 10

The sentenced can appeal from Magistrates' to Crown Court, against the conviction or the sentence, within 21 days. Court may confirm, reverse, vary or remit the Magistrates' decision.

Front 11

s. 61 PACE 1984

Back 11

can take fingerprints & footwear impressions w/out consent

Front 12

s. 62 PACE 1984

Back 12

cannot take intimate samples without consent, but inferences may be drawn

Front 13

s. 63 pace 1984

Back 13

can take non-intimate samples (non-pubic hair, nail samples & mouth samples) without consent

Front 14

s. 117 PACE 1984

Back 14

reasonable force can be used to affect lawful arrest

Front 15

s. 25 CJPOA 1994

(Criminal Justice & Public Order Act)

Back 15

loss of prima facie right to bail in the fact of previous, indicatable convictions

Front 16

s. 3 Powers of Criminal Courts (Sentencing) Act 2000

Back 16

Magistrates can send a case to the Crown Court for sentencing in some situations

Front 17

s. 51 Crime & Disorder Act 1998

Back 17

If Magistrates' decline jurisdiction, the to-be tried is sent forwith to the Crown Court.

Front 18

s. 4 Bail Act 1976

Back 18

everyone has prima facie right to bail, but this can be displaced via the Schedule 1 grounds (see other card)

Front 19

s. 56 PACE 1984

Back 19

right to intimation

Front 20

s. 58 PACE 1984

Back 20

right to a solicitor

Front 21

s. 26 CJPOA 1994

Back 21

No bail if D is charged with an indictable / either way offence while on bail

Front 22

s.128/A MCA 1980

Back 22

Remand in custody - initial limit for Magistrates = 8 days; thereafter 28 days

Front 23

s.22 Prosecution of Offenders Act 1985

Back 23

Overall custody time limits = 70 days from first appearance to committal/summary trial in Mags; 112 days from committal to arraignment in Crown Court.

Front 24

S.14 CJA 2003

Back 24

If D faces life then they must not be granted bail unless they satisfy the court that there is “no significant risk” of offending on bail.

Front 25

s.6 Bail Act 1976

Back 25

FTS is an offence; court may issue a warrant for arrest – custody/fine

Front 26

section 28(2) and (4) PACE 1984

Back 26

Suspect must be told that they are being arrested, why it was necessary that they be arrested, and this must be done even if the reason is obvious.

Front 27

Annex B PACE 1984

Back 27

Allows the delay of legal advice and/or intimation if an inspector or above reasonably believes it will result in:

-Harm to evidence
-Harm to people
-Alert others not yet arrested
-Hinder recovery of property

Applies in indictable and either-way offences ONLY

Front 28

S. 37 PACE 1984

Back 28

Grounds for detention:

-There is sufficient evidence to charge the suspect
-To secure or preserve evidence, or to obtain evidence by questioning

Front 29

S. 54 PACE 1984

Back 29

Power to search prisoner in order to ascertain property. Can seize all but clothing/personal effects, unless they may be used to:

-cause harm/damage
-escape
-may be evidence in relation to an offence

Front 30

s. 18 PACE 1984

Back 30

Power to search D's premises

Front 31

s.148 CJA 2003

Back 31

PSR required before deciding if offence is serious enough to justify a community order and restrictions on liberty.

Front 32

s.152 CJA 2003

Back 32

PSR required before deciding if offence is so serious that only custody is justified

Front 33

s.158 CJA 2003

Back 33

Pre-sentence report (PSR) = a report that helps the court determine the most suitable method of dealing with an offender.

Front 34

11.1 Code for Crown Prosecutors

Back 34

Crown Prosecutors should draw the court’s attention to:

-any aggravating or mitigating factors disclosed by the prosecution case

-any victim personal statement

-where appropriate, evidence of the impact of the offending on a community

-any statutory provisions or sentencing guidelines which may assist

-any relevant statutory provisions relating to ancillary orders (such as antisocial behaviour orders).

Front 35

11.2 Code for Crown Prosecutors

Back 35

The Crown Prosecutor should challenge any assertion made by the defence in mitigation that is inaccurate, misleading or derogatory.

If the defence persist in the assertion, and it appears relevant to the sentence, the court should be invited to hear evidence to determine the facts and sentence accordingly.

Front 36

s.17 LASPO 2012

(Legal Aid Sentencing and Punishment of Offenders Act)

Back 36

Interests of justice criteria:

-It is likely that I will lose my liberty
-I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence
-It is likely that I will lose my livelihood
-It is likely that I will suffer serious damage to my reputation
-A substantial question of law may be involved
-I may not be able to understand the court proceedings or present my own case
-I may need witnesses to be traced or interviewed on my behalf
-The proceedings may involve expert cross-examination of a prosecution witness
-It is in the interests of another person that I am represented
-Any other reasons.

Front 37

Code A, PACE 1984

Back 37

Stop, search & pre-arrest

Front 38

C2.4, PACE 1984

Back 38

Solicitor has the right to consult the custody record

Front 39

C5 & C8, PACE 1984

Back 39

other entitlements

Front 40

C9, PACE 1984

Back 40

healthcare entitlements

Front 41

C10, PACE 1984

Back 41

If there are grounds to suspect a person of an offence they must be cautioned before any questions are put to them

Front 42

C11.1, PACE 1984

Back 42

An interview is the questioning of a person regarding their suspected involvement in a criminal offence, which must be carried out under caution.

The location of an interview is irrelevant, unless an arrest has been made, in which case it must be delayed until the police station, unless unless delay might cause harm to evidence, people or property, alert other suspects or hinder recovery of property.

Front 43

C11.4, PACE 1984

Back 43

At the outset of an interview the police must give the suspect an opportunity to comment on any significant statements or silences that arose prior to interview

Front 44

C11.5, PACE 1984

Back 44

No officer may try to obtain answers by oppression or use any threats or inducements to get answers

Oppression is a "burdensome, harsh, or wrongful manner".

Front 45

C11.7, PACE, 1984

Back 45

An accurate record must be made of each interview (verbatim or accurate summary)

Front 46

C11.13, PACE 1984

Back 46

Police must also record any “unsolicited comments” outside the context of an interview and give the suspect an opportunity to confirm or deny the comment made

Front 47

Code D, PACE 1984

Back 47

ID

Front 48

Code E, PACE 1984

Back 48

Interviews in police stations for indictable only & either way offences must be tape recorded.

Front 49

Schedule 1 grounds for denying bail

Back 49

Para. 2: FTL, offending on bail, interfering with witness

Para. 3: D's own protection

Para. 4: D's already on a custodial sentence

Para. 5: Lack of time to obtain information

Para. 6: D already has an FTS on this offence