G141 All

Notes for OCR Law Unit G142 (all except "The Legal Profession" & "Provision Of Legal Services" modules)

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  • Created on: 22-11-07 11:54
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Police Powers................................................................................16
Criminal Proceedings.....................................................................711
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 must be such that they do not infringe the rights of individual
Therefore a balance must be struck between police powers and individual
The authority for police powers was random before 1984 with police appearing
to exercise powers that they did not have.
The Royal Commission on Criminal Procedure reported in 1981 and their
recommendations led to `Police and Criminal Evidence Act (PACE) 1984.'
The Runcimen commission 1993, set up following miscarriages of justice, had
some recommendations implemented in `The Criminal Justice and Public
Offences Act 1994.'
PACE 1984 was also amended by:
Crime and disorder Act 1998
AntiSocial Behaviour Act 2003
CJA 2003
Serious Organised Crime and Police Act
There are also acts specifically for terrorism i.e. Terrorism Act 2000 and
AntiTerrorism Crime and Security Act 2001.
PACE 1984:
PACE is good at defining the powers and rights of the police but lacks real
The detail is contained in the codes of practice these are made by statutory
authority by the home secretary.
If they are breached:
evidence collected as a result may be excluded from the trial

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Page 2

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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 Recording of Police Interviews
Key Note:
The Codes of Practise do NOT have legislative status and it is therefore not
an offence for the police to breach them.…read more

Page 3

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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 police can only apply for a warrant in relation to an offence punishable with
imprisonment.…read more

Page 4

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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.
The police are responsible for the detention of suspects between arrest and
Key Note:
Remember, it is necessary for police powers to strike a balance.…read more

Page 5

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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.…read more

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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.…read more

Page 7

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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 criminal proceedings is to mach up the seriousness of the offence to
the hierarchy of the courts.…read more

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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 sentence:
All summary offences
All either way offences suitable for summary trials
The Magistrate Courts sentencing powers are restricted with the limits and
maximums being:
6 months imprisonment for each offence (maximum 12 months)
£1000…read more

Page 9

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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 but more of an enrolment and induction
depending on the classification of the offence what happens after the EAH is
different.…read more

Page 10

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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
Not Guilty MC proceeds to `Mode of Trial' hearing
Mode of Trial (Magistrates Court Act 1980 s1720 and CJA 2003)
1) MC decides if it is suitable for them to try the case considering:
Representation of P/D
Previous convictions
Seriousness of…read more


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