Procedures In The Legal Process Law Essay

September 2, 2017 Law

Mike has committed a offense by stealing from a store. This offense is called shrinkage in legal footings. The staff might hold been alerted by alarmed system which is at the door of every store so as to be able to cognize that a merchandise has been stolen. Shoplifting is a condemnable offense harmonizing to section19 of the condemnable act 1961. As the was cognizant they called the constabulary so as they can collar this stealer.

When the constabulary arrived they can non merely take Mike and convey him at the Police Station, they have to follow the process of arrestation so that they do non transgress any of the suspect ‘s right. Harmonizing to the Theft Act 1968, which province that “ A individual ‘s appropriation of belongings belonging to another may be dishonest notwithstanding that he is willing to pay for the belongings ” , Mike is a stealer First there is the mode of apprehension where Mike will be under the control of the constabulary officer. The constabulary will admonish Mike by stating that he has the right to stay soundless. If microphone is a minor so this cautiousness might be a formal one but on the other manus if he is an grownup it is a non-statutory disposal. This arrestation is under subdivision 24A of the Police and Criminal Evidence act 1984 which province that the constabulary the authorization to collar anybody who have committed or who is suspected of perpetrating a condemnable offense. After the cautiousness the police officers must state from which Police Station they are from so they will convey Mike to detention where he will be interrogated and recorded on a tape.

If mike is under 17 old ages old the constabulary must compulsorily inform his parents or one of his legal defenders. Besides no inquiry should be ask to him except if the life of a individual is in hazard so an independent “ appropriate grownup ” will be chose to do certain that microphone is treated the right manner. But as a shrinkage instance, if Mike is a minor the constabulary will hold to wait for his closest relations. This is found under Youth Justice and Criminal Evidence Act 1999.

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However if Mike is an grownup the constabulary will garner grounds either from informant or from store camera. If microphone is an grownup the constabulary will state him that he has the right to inform a comparative to do them cognizant of his place. At his reaching to the Police Station Mike will be conveying to the detention officer who will foremost verify if he has any precedent felon record. If it is so this shrinkage instance might be more serious for Mike. It is the Custody officer who will make up one’s mind whether to bear down him or cite him. For that he will analyze all the grounds receive by old police officers who were on the field to do up his head and take the right decision out of it. Besides in the instance Mike has no old felon record he might get away with merely a warning a really low clip of imprisonment.

To treat farther if Mike is charge for his act the detention officer will take all his personal properties and so will continue with a strip hunt. Everything that is collected from Mike will be recorded by the detention officer as they are taken under subdivision 32 ( 1 ) of PACE 1984. He will so travel for the tape recorded interview where he will be asked inquiries. Mike have the right to reach a legal adviser under subdivision 58 of Pace 1984 this is related to an chargeable offense.

For the tape entering interview Mike will once more be cautioned by the constabulary who will state “ you do non hold to state anything but it may harm your defense mechanism if you do non advert when inquiry anything which you later rely on in tribunal. Anything that you say may be given as an grounds ” . The interview must obligatorily be recorded as it is under subdivision 60 of PACE 1984. This is so, as at that place necessitate to be cogent evidence of what the Microphone will state and how he is treated by the Policemen and every bit shortly as the tape recording equipment is on the interview is under Code C of PACE 1984, if of all time Mike was a more unsafe Criminal such as member of a terrorist group, this tape entering interview would hold been under codification E where recording is done for more serious allegation. The tape interview is one of the most of import portion of the constabulary procedure as it is a important tool for jurisprudence enforcement.

After the interview Mike will be taken in the section where fingerprints are taken from him from both custodies. Furthermore they will take three images of him one from each side of his face and one face to face. This is regulated under the subdivision 61 of PACE 1984. Furthermore if Mike is a more serious wrongdoer that is he has old condemnable instances, the constabulary will take intimate sample of him such as blood, hairs or saliva as he is considered to be a menace to the society and demand to be recognise by any mean. This is found under subdivision under 61 excessively but is considered more earnestly by the constabulary.

After that the constabulary will complete with the interview and taken the proper individuality cogent evidence from Mike, all the information will be send to the CPS ( Crown Prosecution Service ) . The CPS works with assorted with assorted members throughout the Criminal Justice System which include constabulary forces, tribunals, Home office among some others. The Statutory responsibilities of the CPS is ruled under the 1985 act. Thus the CPS have the power to stop a instance, if it is so Mike ‘s instance will non travel to tribunal. On the other manus if the CPS continues with charges imperativeness against Mike his instance will travel to the magistrate tribunal where he will have a opinion for his act.


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