Criminal Justice process Introduction to Criminal process

Criminal justice Has been criticized and subject of much heated debate in parliament Why? British Crime Survey estimates that nearly 14,300,00 crimes were committed in The police recorded 5.2 million offences in the year ending sept Although the gradual rise in crime has been reduced the numbers are still high.

Criminal justice What is the main aim of the Criminal Justice system? 1. To reduce crime and fear of crime 2. To dispense justice fairly and efficiently and to promote confidence in the rule of law.

Criminal justice Supporting the main aim is the following objectives : 1. To reduce the level of actual crime and disorder. 2. To reduce the adverse impact of crime and disorder on people’s lives 3. To reduce the economic costs of crime

Criminal justice In support of the second aim : 1. To ensure just processes and just and effective outcomes 2. To deal with cases throughout the criminal justice process with appropriate speed 3. To meet the needs of victims, witnesses and jurors within the system. 4. To respect the rights of defendants and to treat them fairly 5. To promote confidence in the criminal justice system

Criminal justice In support of the second aim : 1. To ensure just processes and just and effective outcomes 2. To deal with cases throughout the criminal justice process with appropriate speed 3. To meet the needs of victims, witnesses and jurors within the system. 4. To respect the rights of defendants and to treat them fairly 5. To promote confidence in the criminal justice system

Criminal justice Public confidence with the police : Public confidence with the police continued to fall in the late 1990s. “lack of trust at heart of attitude problem” 1999 The Guardian “One in four say police racist” 1999 The Guardian In a nationwide poll (1993) 28% of respondents indicated that they would concerned at ‘what might be going to happen’ if stopped by police.

Criminal justice The Macpherson report found the following : Stephen Lawrence, a black teenager from South London, was stabbed by a group of racist thugs, in The police failed to bring the white teenagers to justice. The police failed to : 1. Administer proper first aid at the scene 2. Failed to properly search for evidence and suspects. 3. Failed to properly log and investigate tip offs 4. Failed to treat family of lawrence with respect

Criminal justice The Macpherson report (1999) found the following : Stephen Lawrence, a black teenager from South London, was stabbed by a group of racist thugs, in The police failed to bring the white teenagers to justice. The police failed to : 1. Administer proper first aid at the scene 2. Failed to properly search for evidence and suspects. 3. Failed to properly log and investigate tip offs 4. Failed to treat family of lawrence with respect

Criminal justice Laws and rules governing the powers of the police to : arrest, stop, search, seize, question, interrogate, and hold in remand etc are found in : 1) common law 2) Police and Criminal Evidence Act (1984) PACE 3) Police codes of practice

Criminal justice Codes of Practice : Code A : powers to stop and search Code B : searching of premises and seizing property. Code C : detention, treatment and questioning of persons by police officers Code D : identification of persons by police Code E : tape recording of interviews at police stations

Powers to Arrest What is being arrested? Spicer v Holt (1977) as per Lord Dilhorne “Whether or not a person has been arrested depends not upon the legality of the arrest, but on whether he has been deprived of his liberty to go where he pleases” So a person “detained” by police against his will is arrested.

Powers to Arrest What are lawful arrests ? 1. Arrests under warrant 2. Arrests without warrant (at common law) 3. Arrests without warrant (under statute)

Arrest under warrant The police lay a written information on oath before a magistrate that a person ‘has’ or is suspected of having committed an offence. S 1 of the Magistrates Courts Act 1980 but, warrants should not be issued unless the offence in question is indictable or is punishable with imprisonment. The Criminal Justice Act (1967)

Common law arrests The only power that exists in common law for arrests is where a : breach of peace has been committed and there are reasonable grounds for believing that it will be continued or renewed or where a breach of peace is reasonably apprehended.

Common law arrests What is a breach of peace ? R v Howell (1981) Facts : The D was arrested after being involved in a disturbance at a street party in the early hours of the morning. Held : whenever harm is actually done or is likely to be done to a person..or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance’…then there is a breach of peace

Common law arrests What is a breach of peace ? McConnell v Chief Constable of Manchester (1990) Held : At common law, a police officer may arrest a person for conduct which he genuinely suspects might be likely to cause a breach of peace, even on private premises where no member of the public is present.

Statutory arrest S 24 PACE 1984 The right to arrest is governed by S24. There are differences in the power of arrest given to private citizens and the police.

Statutory arrest S24 (4) PACE - power to arrest by anyone S24 subsection (4) : in the act of committing Any person may arrest without warrant: a) anyone who is in the act of committing an arrestable offence b) anyone whom he has reasonable grounds for suspecting to be committing such an offence

Statutory arrest What is an arrestable offence? 1) that has its sentence fixed by law e.g. life imprisonment for murder 2) any offence for which one would be liable to 5 years imprisonment or more. 3) any offences listed in s24(2) of PACE a) official secrets act b) indecent assault on women c) taking a motor vehicle without authority d) going equipped for stealing

Statutory arrest S 24 (5) - power to arrest by anyone S24 subsection (5) : has committed Where an arrestable offence has been committed, any person may arrest without warrant : a) anyone who is guilty of the offence b) anyone whom he has reasonable grounds for suspecting to be guilty of the offence

Statutory arrest S 24 (6) - power to arrest by constable (6) : Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence.

Statutory arrest S 24 (7) - power to arrest by constable (7) : Constable may arrest without a warrant : a) anyone who is about to commit an arrestable offence b) anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence

Statutory arrest Note that a police officer can arrest on reasonable grounds of suspicion that an arrestable offence has been committed. In other words he is effectively protected from a civil action if he makes an arrest and an offence in fact has not been committed.

Statutory arrest Note that a police officer can arrest on reasonable grounds of suspicion that an arrestable offence has been committed. In other words he is effectively protected from a civil action if he makes an arrest and an offence in fact has not been committed.

Statutory arrest What is reasonable suspicion? The key requirement is based on the information available to the arresting officer at the time that he/she makes the arrest Redmond-Bate v DPP (1999)