Disclosure, Release and Identification
Terms in this set (33)
What may happen if a person refuses an examination to establish identity or any marks/injuries gained in the commission of an offence?
An INSPECTOR may authorise it to go ahead, first orally then ASAP in writing. Force can be used. Only in a police station. Intimate parts can be exposed
What are the defence entitled to from the prosecution?
On request the prosecution must supply a summary of the case and copies of statements from proposed witnesses. This is to decide how they will plead and no relevance whether it will undermine prosecution case. OIC can limit material if they believe it will lead to intimidation of witnesses
What was the ruling in R v Johnson relating to what must be revealed from surveillance?
Exact location of the premises from which the observation was carried out need not be revealed
Who may act as identification officer?
Usually has to be INSPECTOR or above NOT involved in the investigation
However may be performed by custody officer, another officer or police staff (still not involved) where an inspector is not available or would cause unreasonable delay to investigation
Explain the conditions of a surety
- has to forfeit entire sum in which he stood surety
- NO responsibility or liability should defendant commit further offences or interfere with witnesses whilst on bail
- suitability of proposed person lies with custody officer
What are the rules on parents/guardians acting as surety for juveniles?
- may act as one
- no parent/guardian bound by sum greater than £50
- cannot be imposed on parent/guardian if child has reached age of 17 before the time they need to surrender to custody
What are the rules on taking elimination prints?
- force cannot be used
- consent for them to be used can be withdrawn at any time
Who may carry out role of disclosure officer?
- Generally speaking, there is no restriction
- can be performed by unsworn support staff
- cannot be alleged victim
When is there no need to go through ID procedure?
Where it would serve no useful purpose in proving/disproving whether suspect was involved in committing offence, e.g.:
- where the suspect is already well-known to witnesses
- witness would not be able to make ID at all
- when event occurred many years ago and appearance markedly different
What is the number and nature of images in a video ID parade?
The suspect and at least 8 other people, who resemble the suspect in age, appearance and position in life
Only one suspect shall appear in each set, unless there are two suspects of similar appearance, in which case they may be shown together with at least 12 other people.
When does Code D require police to disclose material?
In relation to a CRIMINAL investigation
- into crimes already committed, seeing whether it has been committed, one they believe will be
Where can photographs of detainees be taken?
If the person has been arrested for an offence, photos can be taken elsewhere than a police station
Give the conditions of a (special) extension of pre-charge bail
May be extended to 6 MONTHS beginning with bail start date, if DPP has designated a case as 'exceptionally complex'
ASSISTANT CHIEF CONSTABLE has to authorise
Give the rules on 'first description' before an ID procedure
Record shall be made of first description given by a witness
Where practicable, a copy of this description shall be given to suspect or solicitor before procedure is carried out
What is the process of varying the conditions of bail?
Custody officer who granted conditions, or another custody officer at the SAME station it was granted may vary conditions
What are the conditions of an extension of bail?
SUPERINTENDENT or above can extend bail from 28 DAYS to 3 MONTHS
Suspect and solicitor must be invited to make representations
Further time and investigation needed to decide whether to charge
Matter is being investigated diligently and expeditiously
Necessary and Proportionate
What is needed for an examination of somewhere like a suspect's stomach?
Consent from suspect
If refused, INSPECTOR can authorise and force can be used
Can a suspect surrender their passport as a condition of bail?
Yes provided there is a real and substantive risk the person will abscond
When is a person's bail start date?
The day after the day on which the person was arrested for a relevant offence
What is the applicable bail period?
In a serious fraud case, it is 3 MONTHS beginning with the person's bail start date
What happens when a publication or broadcast is made regarding an ID procedure?
Copy of relevant material released to media must be retained. Suspect or solicitor is allowed to view the material provided it is practicable
What is the process of taking non-intimate samples?
authority of INSPECTOR not required
Consent should be asked for in writing. However if it is not given, it can be taken
In which cases do disclosure provisions apply?
In all cases other than those when the defendant pleads guilty at magistrate's court
What happens if the defence statement is not provided within time limits imposed?
Court may make any comments that seem appropriate or may draw inferences that seem proper
What is the consequence of a prosecution's failure to comply with the rules of disclosure?
- Accused does NOT have to make defence disclosure
- No obligation to adjourn trial
- may mean trial is stayed for abuse of process but not necessarily
What provisions are allowed by street bail?
All provisions available to a custody sergeant are now available to officer who arrests
EXCEPT conditions relating to surety
What is the process of street identification?
A description of the suspect should first be recorded if practicable
Care must be taken not to direct attention towards a particular person, but a group of people can be directed towards
What is the age requirement for taking footwear impressions without consent?
impressions may be taken without consent from anyone over the age of 10
What can no longer be imposed as a bail condition?
requirement to reside in bail hostel or probation hostel
Describe process of taking an intimate sample
- consent of a suspect given in writing
- may be taken from someone not in police detention
- urine is only intimate sample which can be taken by police officer
- for under 14s, no consent from them but rather from parent/guardian
Once initial disclosure from prosecution is made, how long do defence have to provide defence statement?
Summary - 14 DAYS
Crown Court - 28 DAYS
What consent must be given in the case of interviewing an alibi?
Accused's solicitor may only attend interview if witness consents. If so, will only be there in capacity of observation
What is the continuing duty of the prosecution?
To disclose material that could not only undermine their case, but also assist the defence