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Crime@Law 4 курс.doc
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Powers of Arrest

In England and Wales arrests may be made with or without a warrant issued by the magistrate. The police may arrest a person without a warrant under the arrest scheme established by the Police and Criminal Evidence Act, which provides a general conditional power to arrest a person reasonably suspected of any offence. However, a person can only be arrested under the scheme if it is necessary in order to ensure that he (or she) can be brought before a court (for example, because of failure to give a satisfactory address for service of a summons or in order to prevent injury to persons or property). Furthermore, the Act categorises certain offences as ‘arrestable’ or ‘serious arrestable’ and provides a full power of arrest without a warrant in respect of them for the protection of the public.

Detention, Treatment and Questioning

A code of practice on detention, treatment and questioning is one of four codes, which the Home Secretary has issued under the 1984 Act. Failure to comply with the provisions of these codes can render a police officer liable to disciplinary proceedings.

An arrested person has a statutory right to consult a solicitor and to ask the police to notify a named person likely to take an interest in his or her welfare about the arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay for up to 36 hours the exercise of these rights in the interests of the investigation if certain criteria are met. The police must caution a person whom there are grounds to suspect of an offence before any questions are put for the purpose of obtaining evidence. Questions relating to an offence may normally not be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for.

The detention scheme in the Police and Criminal Evidence Act provides for a person to be detained only if, and for as long as, necessary for a purpose specified by law up to a maximum of 96 hours before charge. A person can only be detained beyond 36 hours if a warrant is obtained from a magistrate’s court.

Reviews must be made of a person’s detention (whether before or after charge) at regular intervals – six hours after initial detention and thereafter every nine hours as a maximum – to check whether the criteria for detention are still satisfied. If they are not, the person must be released immediately.

Charging

As soon as there is sufficient evidence to charge a person, the police must decide on an appropriate method of dealing with him or her. As an alternative to charging immediately, they can, for example, decide to defer charging, to caution, to deal with the matter by summons or to take no further action and release the person with or without bail. Where an immediate charge is appropriate the person may continue to be held in custody if the name or address furnished is considered suspect, if there are grounds for believing that detention is necessary for his or her own protection, to prevent harm to people or property, or if there is a risk that the person would otherwise fail to appear in court or could interfere with the administration of justice. When no such considerations apply, the person must be released with or without bail depending on the circumstances of the case. Where a person is detained after charge, there is provision in the Act for him or her to be brought before a magistrates' court quickly. This will usually be no later than the following day.

Under the Prosecution of Offences Act there is provision for statutory time limits on the period from arrest to the beginning of trial in England and Wales: time limits are in force in 13 English counties and throughout Wales and are to be phased in elsewhere with the aim of their being in force throughout England. The limits are 56 days from first appearance before magistrates to summary trial or 70 days to committal for trial in the Crown Court. The limit is 112 days from committal to taking of the plea in the case of the Crown Court.

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