“ Reasonable grounds for suspicion depend on the circumstances in each case. There must be an objective basis for that suspicion based on facts, information, and/or intelligence which are relevant to the likelihood of finding an article of a certain kind”
2.3 Reasonable suspicion can sometimes exist …. stemming from the behaviour of a person . For example, if an officer encounters someone on the street at night who is obviously trying to hide something, the officer may (depending on the other surrounding circumstances) base such suspicion on the fact that this kind of behaviour is often linked to stolen or prohibited articles being carried.
2.4 However, reasonable suspicion should normally be linked to accurate and current intelligence or information, such as information describing an article being carried, a suspected offender, or a person who has been seen carrying a type of article known to have been stolen recently from premises in the area.
2.6 Where there is reliable information or intelligence that members of a group or gang habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive item of clothing or other means of identification to indicate their membership of the group or gang, that distinctive item of clothing or other means of identification may provide reasonable grounds to stop and search a person.
must state purpose of search and legal grounds for the search
must inform person of right to written record
only remove coat, jacket, gloves in public
can use reasonable force (PACE, s.117)
Arrest Arrest begins when a person is told they are under arrest, or when the police officer’s words or actions suggest a person is under arrest ( Murray v Ministry of Defence 1988) But is it lawful?
Legal grounds - S24
Arrest necessary ?
Must follow correct procedure
S28 A person must be told on arrest
they are under arrest and
the grounds for that arrest
PACE Code C a person must be cautioned on arrest or as soon as practicable
S30 they must be taken to a police station immediately or as soon as is practicable
All suspects will be entitled to the above at regular intervals if detention is prolonged
A Case in the Magistrates’ Court Summons or Arrest Charge Plea before Venue Plea Not Guilty - Guilty Not Guilty Case presented Witnesses for Defence & Prosecution and Cross Examined Magistrates decision Not Guilty with reasons Free to go Guilty with reasons To Crown Court Guilty Facts of case presented by CPS Mitigation Additional Information Reports? Magistrates sentence with reasons NB. Credit must be given for an early guilty plea which will reduce the sentence.
BAIL Bail is a formal direction that a person is to attend court at a given time on a specific date. There are two types:- UNCONDITIONAL BAIL: There are no restrictions placed on the individual, however if s/he does not return to court as directed s/he may be fined or imprisoned or both. CONDITIONAL BAIL: There are restrictions placed on the individual such as residence, curfew, not to contact specified people, not to go to certain places, report to the police etc. If this bail is breached individual is arrested and s/he may not be given bail again. If an individual does not attend court as directed Magistrates can issue an arrest warrant with or without bail.
Note that police powers to impose conditions are very similar, but not identical to court powers to impose conditions.
Specifically, the police may not impose a condition to reside at a bail hostel, to attend an interview with a legal adviser, nor require the suspect to make him or herself available for inquiries and reports.
Judges can choose any sentence up to statutory maximum i.e. the tariff
Judge will look at relevant factors, including previous record, age, mental state, remorse, amount of harm etc
Judge can decide whether 2 or more offences will run consecutively or concurrently
Court Initial Assessment of Serious Report on Offender requested Preparation of the report by probation service, Looks at:- 1) Analysis of the Offence 2) Assessment of the Offender’s Background 3) Personal Details of the offender 4) Offenders Current Situation 5) Risks Identified 6) Report Conclusions with a recommendation about sentence Judge makes his decision based on the above report
Low levels of re-offending in offenders given fines
Evidence suggests people given fines are less likely to re-offend than those given other types of sentences – but is this conclusive evidence that fines act as an effective deterrent – or does it say more about the types of people that are given fines – hardly likely to reoffend anyway???
there are high rates of non payment – can result in people being imprisoned for non payment of fines, where the original crime was very minor
HOW DOES A YOUNG PERSON VISIT THEIR MUM IN PRISON?
First, they would need to find an adult willing to accompany them on the visit. Prison rules say young people must be with an adult - even to see their own mother.
They would then need to call the prison to book the visit. Unfortunately the booking lines are often poorly staffed and open at inconvenient times, meaning it can take hours - or in some cases days - to get through to the prison.
Their mother will be imprisoned in one of the 19 woman's prisons scattered across the country, meaning they could face a round trip of several hours to visit her.
Criminal Justice Act 2003 introduced new punishments
Custody plus – This is a community sentence but if you break it you go to prison
Custody minus – a short term in prison, followed by a community sentence on release
Intermittent custody – this was an idea that an offender could serve a prison sentence on weekends, allowing them to keep their job and stay with their family in the week – but this proved too expensive and controversial when they tried it out so it has never been introduced
The Panel is made up of one social worker and two volunteers from the community
Discuss the offence with the young offender
A “contract” will normally be agreed between the young offender and the panel,
It may include reparation as the victim will be invited to attend panel meetings to discuss how the crime affected them, and the contract could include how the offender is to pay them back or compensate them
It will also include a personal programme of behavior to ensure that the young person avoids re-offending.
“ First: it must contain something which will help you to stay out of trouble: what the Y.O.T. should do to enable you to get on with your life and enjoy life without offending. This could be to do with alcohol or drugs or any other influence which could lead you into more offending. It could also be about education, training or employment or your friends or how you use your spare time. The pieces of work which the Y.O.T. delivers to are called interventions – these interventions are designed to help you to avoid offending in the future.
Second: the contract must state what you should do to make up for your offence – your reparation. It may be direct to the victim or may be indirect work for the benefit of the community. If it is indirect, then the contract must state how many hours reparation should last for. If, for instance, your contract is for a period of six months and your reparation is set at 16 hours, then you have to complete a full 16 hours unpaid work within the six month period.”