Law assignment 2
Scenario 1
Bob is a 15-year-old boy who has been arrested on the suspicion on burglary and has also been in trouble for several times before. Since Bob is under 18, under pace code c paragraph 1.5 he is to be treated as a child/young person and must be dealt differently than of an adult. As bob is only 15-year-old, his parent or guardian should be informed as soon as possible. Although Bob chooses a representative, it is important that the representative to know the circumstances and background of the suspect. The police also cannot interview Bob until he has someone present with him.
Bob you have been a suspect for burglary therefore must follow the rules and laws to take this process further. There are many rights and laws which can help you with your case. Before we move further there are few things, I want to make sure.
Under Code G 4.3 Upon arrival at the police station you were to be sent to the custody officer who must open a custody record and must provide you with the following.
• The place you are kept must be well lit and also the temperature must be suitable.
• They must also provide you with two light meals and one main meal within 24-hour period.
• You must have access to the toilet when necessary.
Also under Code H section 3.1 the custody officer must make sure all the rights to be explained to you. i.e.
• the right to consult with a solicitor
• the right to inform someone that they are arrested
• seek any medical help if needed (Code H section 9)
• to remain silent
• right for legal advices; as shown in the above comment (R v Morse (1991)
As a suspect the police have certain power on you:
• They have the right to search and seize everything in your possession under Section 54 Pace Act 1984
• They can do an intimate search under Section 55 Pace Act 1984
Under PACE Act 1984 Section 58 any suspects in custody have the right to consult with a solicitor privately any time if he/she wishes.
Sue is 29 years old and was found shop lifting. She has recently been released from Bridge Hospital which treats adults with several emotional and mental health issues. Because she was just released from mental hospital there are special rules set for her, also the police officers have to be extra careful on treating her.
Case like Joseph Phuong can be an example how mentally ill people are to be treated with care. Most deaths involving police custody involves individual with mental illness.
Sue, most of the rights applied to Bob also applies to you. Although you are charged with shoplifting it is not as bad as Bob’s case. Like Bob you can’t be question without a solicitor or an appropriate adult present to guide you due to your mental health because the sickness can be an aggravating factor for the police
When in custody the custody officer must make sure that
• They keep you in a safe place and not just lock you up due to your medical health.
• Medical help to provided when needed.
If any of the things are not done, it makes the whole case unlawful.
The police have the right to interview you while you are at detention for you to admit what you have done/not done or to know the chain of causation. While the interview is being held they are unable to use any oppression because that will be violating the Section 76 of Pace, which can lead the case to not stand in court. Interview should not last for more than two hours and make you feel comfortable i.e. provide water, room temperature etc. The representative should also be present during the interview.
Code C states that the police should make accurate record of all the interviews and are signed by the officer accountable and by the suspect, if the suspect denies the signature, the event should be also recorded.
A senior officer will review Bob and Sue’s detention within six hours, if still in custody a senior officer can add further nine hours and another nine hours if needed. If the offence is very serious, a senior officer can keep the suspect in custody for 36-hours, however if there is in need to keep the suspect for a longer period of time they need to go to the magistrate court for permission and can be extended to 96 hours.
But because Bob and Sue’s offences wasn’t very serious, they are likely to be released or charged within 24 hours all together. During the time of review, a representative of the suspect must be present to defend if the detention is fair or not.
Also Bob because you are 15 even if you are indicted to this offence, you will not go to prison instead go to youth offender’s detention camp.
Bob and Sue must also make sure that the officers have made all the custody record; under Code H section 2.
Scenario 2
These are the three categories of criminal offences in England.
1. Summary only or simple offence- They are the most common offences and the cases are dealt only in the magistrates Court. The offences listed in this category would be far too long to list but they involve offences such as Driving offence, common assault and most regulatory offences etc. As the offences are only summary or simple in this category the maximum sentence is six months’ imprisonment.
2. Either way offences- The offences in this category are dealt either (thus the word) in the Magistrates’ or the Crown Court. The cases in this category is generally culpability and is very wide in range hence can sometimes be a very minor offence or a very serious offence e.g. Theft can be either: someone who just shoplift (minor) or someone who robs a bank(major).
3. Indictable only offences- These offences are the most serious offence and are often led to long imprisonment. Any person charged with such cases are sent to the Magistrates court first where they deal with the questioning of bail and then to the crown court for trial. However, offences such as murders, to be granted bill must be done in the Crown court rather than the Magistrates’ court.
This scenario is about bail. Bail is covered by bail act 1976. It has been amended several times up to the present day. The essence of bail is that the suspect is presumed innocent until proven guilty. The suspect must pay/pledge a specified amount to the court to get bailed.
Shaun and Linda,
You are in detention to obtain or preserve evidence by questioning. As a suspect to crime you are both entitled to bail according to section 3 and 4 of the bail act, however there are times when bail is not granted, it is usually when you have more aggravating factors than mitigating. Under section 5 of bail act 1976, the police or court must give reasons as to why they denied bail.
There are 2 types of bail: – police bail and court bail
Therefore, you have two opportunities to apply for bail either at the police station or at the court. There are many factors that police or court have to consider before granting you bail.
Shaun, because you are 18 you will be dealt as an adult. You are charged with robbery of £4000 where you also threatened a shopkeeper with imitation gun. This offence is an either way offences, therefore the mitigating and aggravating factor plays a major role in this case.
Mitigating factors about you is that you have never been in trouble with the police before. You have an address, live with you parents and also have a job.
Aggravating factors about you is that you used an imitation gun for the crime and also stole £4000 which is a large amount of money.
The police will evaluate all the factor and decide weather to grant you bail or not. After this procedure the case is taken to the CPS (Crown Prosecution Service) where they evaluate the case, if the evidence found in the case is below 50% the CPS will not take it to the court.
Based on your factors Shaun, it is likely that you will be granted bail however, Section 10 of Theft Act 1968 says that if a person commits a very serious offence; , with him any weapon (firearm or imitation weapon) any explosive and for this purpose, and is found guilty is charged to be accountable to imprisonment for life. But because you are only 18, you maybe looking for 14 years in prison.
You also have stolen £4000 pound which is a very high amount of money. Conditional bail might also be considered for Shaun due to
Linda you are 30 and is charged with possession with intend to supply a class A drug after a substantial amount of cocaine was found in the boot of your car. You also was convited once before for Class B drug and previously complied with her bail conditions. She is married and has two young children
Linda you are charged with possession with intend to supply a class A drug.
Linda is a repeated offender which shows that she is not unsettled from her previous conviction higher drug
You were once convicted to a class b drug
Rather then stop jumped to class a
Intention to supple drug is a very serious offence
She was complied and granted bail previously and was presented to court
Mitigating factor
She has 2 childrens
She is married
She was granted bail and presented to court
Aggravating factors
Intend to supply class a drug
Found cocaine in car
Was previously convicted for class b drug
Class a drug with the inted to supply is considerate as indictable only offence
Shaun and Linda,
Here are some important notes you should take while you are on bail according to section 3 of bail act 1976
• You are prohibited to committing any offence during this time.
• You are forbidden to make any interference with the witness or any other person that is in relation to the case.
• You are to surrender to custody before the appointed time.
Failing to follow these rules can make you guilty of an offence under section 6 of bail act 1976