Criminal Criminal Justice processJustice process

Introduction to Introduction to Criminal processCriminal process

Criminal justiceCriminal justiceHas been criticized and subject of Has been criticized and subject of much heated debate in parliamentmuch heated debate in parliament

Why?Why?

British Crime Survey estimates that British Crime Survey estimates that nearly 14,300,00 crimes were nearly 14,300,00 crimes were committed in 1999.committed in 1999.

The police recorded The police recorded 5.2 million 5.2 million offencesoffences in the year ending sept in the year ending sept 2000.2000.

Although the gradual rise in crime Although the gradual rise in crime has been reduced the numbers are has been reduced the numbers are still high.still high.

Criminal justiceCriminal justiceWhat is the main aim of the Criminal What is the main aim of the Criminal Justice system?Justice system?

1. To reduce crime and fear of crime1. To reduce crime and fear of crime

2. To dispense justice fairly and 2. To dispense justice fairly and efficiently and to promote efficiently and to promote confidence in the rule of law.confidence in the rule of law.

Criminal justiceCriminal justiceSupporting the main aim is the Supporting the main aim is the following objectives :following objectives :

1. To reduce the level of actual crime 1. To reduce the level of actual crime and disorder.and disorder.

2. To reduce the adverse impact of 2. To reduce the adverse impact of crime and disorder on people’s livescrime and disorder on people’s lives

3. To reduce the economic costs of 3. To reduce the economic costs of crimecrime

Criminal justiceCriminal justiceIn support of the second aim :In support of the second aim :

1. To ensure just processes and just 1. To ensure just processes and just and effective outcomesand effective outcomes

2. To deal with cases throughout the 2. To deal with cases throughout the criminal justice process with criminal justice process with appropriate speedappropriate speed

3. To meet the needs of victims, 3. To meet the needs of victims, witnesses and jurors within the witnesses and jurors within the system.system.

4. To respect the rights of 4. To respect the rights of defendants and to treat them fairlydefendants and to treat them fairly

5. To promote confidence in the 5. To promote confidence in the criminal justice systemcriminal justice system

Criminal justiceCriminal justiceIn support of the second aim :In support of the second aim :

1. To ensure just processes and just 1. To ensure just processes and just and effective outcomesand effective outcomes

2. To deal with cases throughout the 2. To deal with cases throughout the criminal justice process with criminal justice process with appropriate speedappropriate speed

3. To meet the needs of victims, 3. To meet the needs of victims, witnesses and jurors within the witnesses and jurors within the system.system.

4. To respect the rights of 4. To respect the rights of defendants and to treat them fairlydefendants and to treat them fairly

5. To promote confidence in the 5. To promote confidence in the criminal justice systemcriminal justice system

Criminal justiceCriminal justicePublic confidence with the police :Public confidence with the police :

Public confidence with the police Public confidence with the police continued to fall in the late 1990s.continued to fall in the late 1990s.

““lack of trust at heart of attitude lack of trust at heart of attitude problem” 1999 The Guardianproblem” 1999 The Guardian

““One in four say police racist” 1999 One in four say police racist” 1999 The GuardianThe Guardian

In a nationwide poll (1993) 28% of In a nationwide poll (1993) 28% of respondents indicated that they respondents indicated that they would concerned at ‘what might be would concerned at ‘what might be going to happen’ if stopped by going to happen’ if stopped by police.police.

Criminal justiceCriminal justiceThe Macpherson report found the The Macpherson report found the following :following :

Stephen Lawrence, a black teenager Stephen Lawrence, a black teenager from South London, was stabbed by from South London, was stabbed by a group of racist thugs, in 1993. The a group of racist thugs, in 1993. The police failed to bring the white police failed to bring the white teenagers to justice.teenagers to justice.

The police failed to :The police failed to :

1. Administer proper first aid at the 1. Administer proper first aid at the scenescene

2. Failed to properly search for 2. Failed to properly search for evidence and suspects.evidence and suspects.

3. Failed to properly log and 3. Failed to properly log and investigate tip offsinvestigate tip offs

4. Failed to treat family of lawrence 4. Failed to treat family of lawrence with respect with respect

Criminal justiceCriminal justiceThe Macpherson report (1999) found The Macpherson report (1999) found the following :the following :

Stephen Lawrence, a black teenager Stephen Lawrence, a black teenager from South London, was stabbed by from South London, was stabbed by a group of racist thugs, in 1993. The a group of racist thugs, in 1993. The police failed to bring the white police failed to bring the white teenagers to justice.teenagers to justice.

The police failed to :The police failed to :

1. Administer proper first aid at the 1. Administer proper first aid at the scenescene

2. Failed to properly search for 2. Failed to properly search for evidence and suspects.evidence and suspects.

3. Failed to properly log and 3. Failed to properly log and investigate tip offsinvestigate tip offs

4. Failed to treat family of lawrence 4. Failed to treat family of lawrence with respect with respect

Criminal justiceCriminal justiceLaws and rules governing the powers Laws and rules governing the powers of the police to :of the police to :

arrest, stop, search, seize, question, arrest, stop, search, seize, question, interrogate, and hold in remand etc interrogate, and hold in remand etc are found in :are found in :

1) common law1) common law

2) Police and Criminal Evidence Act 2) Police and Criminal Evidence Act (1984)(1984)

PACE PACE

3) Police codes of practice3) Police codes of practice

Criminal justiceCriminal justiceCodes of Practice :Codes of Practice :

Code A : Code A : powers to stop and searchpowers to stop and search

Code B : Code B : searching of premises and searching of premises and seizing property.seizing property.

Code C : Code C : detention, treatment and detention, treatment and questioning of persons by police questioning of persons by police officersofficers

Code D : Code D : identification of persons identification of persons by policeby police

Code E : Code E : tape recording of tape recording of interviews at police stationsinterviews at police stations

Powers to ArrestPowers to ArrestWhat is being arrested?What is being arrested?

Spicer v Holt (1977)Spicer v Holt (1977)as per Lord Dilhorneas per Lord Dilhorne

““Whether or not a person has been Whether or not a person has been arrested depends not upon the arrested depends not upon the legality of the arrest, but on whether legality of the arrest, but on whether he has been deprived of his liberty to he has been deprived of his liberty to go where he pleases”go where he pleases”

So a person “detained” by So a person “detained” by police against his will is police against his will is arrested. arrested.

Powers to ArrestPowers to ArrestWhat are lawful arrests ?What are lawful arrests ?

1. Arrests under warrant1. Arrests under warrant

2. Arrests without warrant (at 2. Arrests without warrant (at common law)common law)

3. Arrests without warrant 3. Arrests without warrant (under statute)(under statute)

Arrest under Arrest under warrantwarrantThe police lay a written information The police lay a written information

on oath before a magistrate that a on oath before a magistrate that a person ‘has’ or is suspected of person ‘has’ or is suspected of having committed an offence.having committed an offence.

S 1 of the Magistrates Courts S 1 of the Magistrates Courts Act 1980Act 1980but,but,

warrants should not be issued unless warrants should not be issued unless the offence in question is the offence in question is indictable indictable or is punishable with imprisonment.or is punishable with imprisonment.

The Criminal Justice Act (1967)The Criminal Justice Act (1967)

Common law arrestsCommon law arrestsThe only power that exists in The only power that exists in common law for arrests is where a :common law for arrests is where a :

breach of peacebreach of peace has been committed has been committed and there are reasonable grounds and there are reasonable grounds for believing that it will be continued for believing that it will be continued or renewed or where a breach of or renewed or where a breach of peace is reasonably apprehended.peace is reasonably apprehended.

Common law arrestsCommon law arrestsWhat is a breach of peace ?What is a breach of peace ?

R v Howell (1981)R v Howell (1981)Facts : The D was arrested after being Facts : The D was arrested after being involved in a disturbance at a street involved in a disturbance at a street party in the early hours of the morning.party in the early hours of the morning.

Held : whenever harm is actually done Held : whenever harm is actually done or is likely to be done to a person..or a or is likely to be done to a person..or a person is in fear of being so harmed person is in fear of being so harmed through an assault, an affray, a riot, through an assault, an affray, a riot, unlawful assembly or other unlawful assembly or other disturbance’…then there is a breach of disturbance’…then there is a breach of peacepeace

Common law arrestsCommon law arrestsWhat is a breach of peace ?What is a breach of peace ?

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

Statutory arrestStatutory arrestS 24 PACE 1984S 24 PACE 1984

The right to arrest is governed The right to arrest is governed by S24.by S24.

There are differences in the There are differences in the power of arrest given to power of arrest given to private private citizenscitizens and the police and the police..

Statutory arrestStatutory arrestS24 (4) PACE - power to arrest S24 (4) PACE - power to arrest by anyoneby anyoneS24 subsection (4) : S24 subsection (4) : in the act of in the act of committingcommitting

Any person may arrest without Any person may arrest without warrant:warrant:

a) anyone who is in the a) anyone who is in the act of act of committing an arrestable offencecommitting an arrestable offence

b) anyone whom he has b) anyone whom he has reasonable reasonable grounds for suspecting to be grounds for suspecting to be committing such an offencecommitting such an offence

Statutory arrestStatutory arrestWhat is an arrestable offence?What is an arrestable offence?

1) that has its sentence fixed by 1) that has its sentence fixed by lawlawe.g. life imprisonment for murdere.g. life imprisonment for murder

2) any offence for which one 2) any offence for which one would be liable to 5 years would be liable to 5 years imprisonment or more.imprisonment or more.

3) any offences listed in s24(2) 3) any offences listed in s24(2) of PACEof PACEa) official secrets acta) official secrets act

b) indecent assault on womenb) indecent assault on women

c) taking a motor vehicle without c) taking a motor vehicle without authorityauthority

d) going equipped for stealingd) going equipped for stealing

Statutory arrestStatutory arrestS 24 (5) - power to arrest by S 24 (5) - power to arrest by anyoneanyoneS24 subsection (5) : S24 subsection (5) : has committedhas committed

Where an arrestable offence Where an arrestable offence has has been committed,been committed, any person may any person may arrest without warrant :arrest without warrant :

a) anyone who is guilty of the a) anyone who is guilty of the offenceoffence

b) anyone whom he has reasonable b) anyone whom he has reasonable grounds for suspecting to be guilty grounds for suspecting to be guilty of the offenceof the offence

Statutory arrestStatutory arrestS 24 (6) - power to arrest by S 24 (6) - power to arrest by constableconstable

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

Statutory arrestStatutory arrestS 24 (7) - power to arrest by S 24 (7) - power to arrest by constableconstable

(7) : (7) : Constable may arrest without a Constable may arrest without a warrant :warrant :

a) anyone who is a) anyone who is about to commitabout to commit an an arrestable offencearrestable offence

b) anyone whom he b) anyone whom he has reasonable has reasonable grounds for suspectinggrounds for suspecting to be to be about to about to commit an arrestablecommit an arrestable offence offence

Statutory arrestStatutory arrestNote that a police officer can Note that a police officer can arrest on reasonable grounds of arrest on reasonable grounds of suspicion that an arrestable suspicion that an arrestable offence has been committed.offence has been committed.

In other words he is effectively In other words he is effectively protected from a civil action if protected from a civil action if he he makes an arrest and an makes an arrest and an offence in fact has not been offence in fact has not been committed.committed.

Statutory arrestStatutory arrestNote that a police officer can Note that a police officer can arrest on reasonable grounds of arrest on reasonable grounds of suspicion that an arrestable suspicion that an arrestable offence has been committed.offence has been committed.

In other words he is effectively In other words he is effectively protected from a civil action if protected from a civil action if he he makes an arrest and an makes an arrest and an offence in fact has not been offence in fact has not been committed.committed.

Statutory arrestStatutory arrestWhat is reasonable suspicion?What is reasonable suspicion?

The key requirement is based The key requirement is based on the information available to on the information available to the arresting officer at the time the arresting officer at the time that he/she makes the arrestthat he/she makes the arrest

Redmond-Bate v DPP (1999)Redmond-Bate v DPP (1999)