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CRIMINAL JUSTICE SYSTEM

Police Powers................................................................................16
Criminal Proceedings.....................................................................711
Sentencing..................................................................................1218


POLICE POWERS

The police are in place to:
protect the public
investigate crime.
This unit is concerned with how the police investigate crime.

To do this they need to have effective powers as well as the cooperation of the
public. Their powers…

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may lead to police disciplinary action
There are currently 6 areas covered by codes of practice which were revised on
1st August 2004:
A Stop and Search
B Execution of Search Powers
C Treatment & Questioning of Suspects
D Identification of Suspects
E Tape Recording of Police Interviews
F Visual…

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ARREST:
There are two methods of arrest:
Arrest with a warrant
Arrest without a warrant
There is also citizen's arrest

Arrest With A Warrant:
This is covered by the Magistrates Courts Act 1980 s1 which says:
Te police may apply to magistrates for a warrant for arrest

Key Note:
The…

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PACE 1984 s30 says:
the arrested person must either:
be taken to the police station or
released on police bail
as soon as reasonably possible

PACE 1984 s32 says:
an arrested person may be searched by the police.

DETENTION
The police are responsible for the detention of suspects between arrest…

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If it is not an indictable offence then the suspect must be either released or
charged after 24 hours
The maximum time a suspect can be detained, before release or charge, for an
indictable offence is 96 hours.

It is also important that the detention is regularly reviewed. The review…

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This type of search is covered by Code of Practice C and must be authorised
by a senior officer.
This is where the arrested person is required to remove more than outer
garments.
The police must have reasonable grounds for believing the suspect has an
article that they should not…

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CRIMINAL PROCEDINGS

Criminal proceedings are broken in to different levels with the one used being
based on the classification of the offence.
The classification of the offence decides:
The court within which the trial will be held
and hence the type of trial that will be heard.
The aim of…

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Note that only the defendant can appeal from the Magistrates Court
Magistrates Court (o):
3 lay magistrates or one district judge sit in the MC with a legally qualified clerk
The first proceedings for all offences are heard in the MC with the court having
the power to try and…

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FIRST COURT APPEARANCE:
All offenders have their first court appearance in the magistrate's court it is
known as an `Early Administrative Hearing'
At the EAH there is a magistrate and/or a clerk who deal with:
remand bail or custody
legal aid
presentencing reports
medical reports
It is NOT a trial…

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A decision must be made whether D should be tried in a MC or a CC
The process starts with a `Plea Before Venue' where D is asked to indicate
their plea:
Guilty MC may sentence within powers or commit to CC for
sentence
Not Guilty MC proceeds to `Mode…

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