Explain The Legal Procedure Of Showing Dan's Legal Liabilities
Explain the legal procedure of showing Dan’s legal liabilities. This Essay will outline the legal procedure surrounding Dan, who is on trial for the attempted murder of his girlfriend, from the moment a neighbor reported the crime to the police. It will detail the time from the process of this report up to the end of his trial.
The first step will be the investigation of the reported offence undertaken by a non legally qualified body, the Police. The Police will question the witness, Mrs Smith for any and details surrounding the attempted murder of Dan’s girlfriend. If Sufficient evidence has been gathered against dan he can then be arrested. However, if not the charges may be dropped.
Dan will be arrested under Section 24 of the Police And Criminal Evidence Act (PACE). The police could make an application to a magistrate for a warrant for the arrest of Dan. As long as there is sufficient evidence supported by oath that he has or is suspected of committing an offence. This warrant will be issued under s 1 of the Magistrates Court Act 1980, If such a warrant has been filed, Dan will be arrested under s 24(2) of the PACE, If it has not s 24(3). Under the PACE Dan will be informed by the arresting officer that he has been arrested and the reason for his arrest, even if they seem apparent. …show more content…
Once Arrested and taken to a police station Dan will be Detained.
During detention there will be regular reviews made by the custody officer, the first after 6 hours, the next from 15 hours since the start of detention, and every 9 hours thereafter. Dan can be held for up to 24 hours, however as this case is an indictable offence the time period can be extended by an additional 12 hours by an officer ranking as Superintendent or above. During the time of his arrest Dan has the right to have someone informed of his detention and to be told of the right to legal
advice.
This will allow the police to question Dan further about the event’s which took place last year, Questioning must be in compliance with the guidelines set by PACE 1984 Code C. Questioning may lead Dan to confess to the Attempted murder of his girlfriend this will likely lead to a softer sentence. However, If the police find insufficient evidence has been obtained they may take no further action.
The Decision to Prosecute Dan will be held by the Crown Prosecution Service (CPS), even if his girlfriend would not like to press charges. The decision by the CPS will depend on if it passes the Full Code test, which includes the Public interest in the case, which in Dan’s case will most likely be rather low. And the Value of the evidence, this is known as the evidential stage. The CPS will consider two main objectives: Can the evidence be used in court? And Is the evidence reliable? In Dan’s Case The evidence that can be used against him in Court is likely to be that of an eye witness testimony by Mrs Smith. The CPS must evaluate the credibility of as a witness Mrs Smith, we are not made aware of Mrs Smith’s background. If it Happens that Mrs Smith Is a Methamphetamine addict the reliability of her testimony will be compromised and the CPS may not take the case as it will not provide a ‘realistic prospect of conviction’, therefore Dan would be free (on the Basis he did not confess).
If the CPS decides Dan’s Case has passed the full code test he will be tried for attempted murder which is classified as an Indictable Offence. All offences under this heading must be tried in Crown Court and receive their sentence there. However, Dan’s First hearing will be dealt with at the Magistrates court. In this hearing the Magistrates will decide whether or not to grant Dan bail for his offence and then he will be sent ‘forthwith’ Crown Court.
The first step will be the investigation of the reported offence undertaken by a non legally qualified body, the Police. The Police will question the witness, Mrs Smith for any and details surrounding the attempted murder of Dan’s girlfriend. If Sufficient evidence has been gathered against dan he can then be arrested. However, if not the charges may be dropped.
Dan will be arrested under Section 24 of the Police And Criminal Evidence Act (PACE). The police could make an application to a magistrate for a warrant for the arrest of Dan. As long as there is sufficient evidence supported by oath that he has or is suspected of committing an offence. This warrant will be issued under s 1 of the Magistrates Court Act 1980, If such a warrant has been filed, Dan will be arrested under s 24(2) of the PACE, If it has not s 24(3). Under the PACE Dan will be informed by the arresting officer that he has been arrested and the reason for his arrest, even if they seem apparent. …show more content…
Once Arrested and taken to a police station Dan will be Detained.
During detention there will be regular reviews made by the custody officer, the first after 6 hours, the next from 15 hours since the start of detention, and every 9 hours thereafter. Dan can be held for up to 24 hours, however as this case is an indictable offence the time period can be extended by an additional 12 hours by an officer ranking as Superintendent or above. During the time of his arrest Dan has the right to have someone informed of his detention and to be told of the right to legal
advice.
This will allow the police to question Dan further about the event’s which took place last year, Questioning must be in compliance with the guidelines set by PACE 1984 Code C. Questioning may lead Dan to confess to the Attempted murder of his girlfriend this will likely lead to a softer sentence. However, If the police find insufficient evidence has been obtained they may take no further action.
The Decision to Prosecute Dan will be held by the Crown Prosecution Service (CPS), even if his girlfriend would not like to press charges. The decision by the CPS will depend on if it passes the Full Code test, which includes the Public interest in the case, which in Dan’s case will most likely be rather low. And the Value of the evidence, this is known as the evidential stage. The CPS will consider two main objectives: Can the evidence be used in court? And Is the evidence reliable? In Dan’s Case The evidence that can be used against him in Court is likely to be that of an eye witness testimony by Mrs Smith. The CPS must evaluate the credibility of as a witness Mrs Smith, we are not made aware of Mrs Smith’s background. If it Happens that Mrs Smith Is a Methamphetamine addict the reliability of her testimony will be compromised and the CPS may not take the case as it will not provide a ‘realistic prospect of conviction’, therefore Dan would be free (on the Basis he did not confess).
If the CPS decides Dan’s Case has passed the full code test he will be tried for attempted murder which is classified as an Indictable Offence. All offences under this heading must be tried in Crown Court and receive their sentence there. However, Dan’s First hearing will be dealt with at the Magistrates court. In this hearing the Magistrates will decide whether or not to grant Dan bail for his offence and then he will be sent ‘forthwith’ Crown Court.