Making an arrest Questions
Q. Do all offences carry a power of arrest?
A: By law some offences, due to their nature, are not deemed as serious as others and the offender will not be arrested. This does not mean that nothing will happen to the offender. He or she can still be issued with a summons to attend court.
Q. What is a summons?
A: A summons is a written order issued by the Public Prosecution Service requiring the person accused of the offence to go to court so that the matter can be dealt with.
Q. What does 'charging' mean?
A: Charging is when the suspect is formally accused of committing a particular offence. The suspect will be given a typed or written account of the charge, which will set out the date and nature of the alleged offence and give details of the court they will have to appear before.
Q. If the suspect admits their guilt, do they have to be charged?
A: When a suspect has been interviewed about an offence and has admitted their part in it, then charging is not the only option available to police. If the suspect fits certain criteria and the offence is not too serious, then the police can caution the offender.
Q. What is meant by a 'caution'?
A: A caution is usually carried out by a senior police officer who will warn the individual about their behaviour and the consequences of committing further offences. The caution will then be recorded in writing and appear on the individual's criminal record. Although a caution is not a conviction, it can be put before a court if the suspect is convicted of another offence.
Q. I've been told that the offender is being referred to the 'Youth Diversion Scheme'. What is this?
A: If the offender is 17 years of age or under, they may be dealt with by the 'Youth Diversion Scheme'. This scheme offers an alternative to prosecution for young offenders and is aimed at preventing them from progressing further into the criminal justice system. It is based on the principle of restorative justice and the notion that the young person would benefit more from that type of action rather than a prosecution. However, if the youth persists offending, they will be brought back into the criminal justice system and face prosecution.
Q. How long can the police keep a suspect in custody for questioning?
A: Pre arrest - A person who has not been arrested cannot be forced to go to the police station for questioning, but they can go to the police station voluntarily. The police cannot prevent such a person from leaving the police station unless they decide to arrest them.
Once arrested - A person who has been arrested does not have the choice of whether or not to stay in the police station and he or she can be detained in custody after charge.
Arrested but not charged - If a person has not been charged, they would not normally be detained in custody for longer than 24 hours. (If certain conditions are satisfied, this can be extended in serious cases). During this time the police can either let the person go completely or release them on bail without conditions, which means that the person charged is required to attend the police station again on a certain date at a certain time.
Q. How long can the police keep a young offender in custody?
A: Offenders who are over the age of criminal responsibility (which is 10 years of age), but are under the age of 17, can still be arrested and detained for up to 24 hours. The rules are slightly different to those described above for adult offenders.
Q. What does 'remand in custody' mean?
A: Where there is a high risk of the defendant committing another offence, failing to turn up to court, intimidating you or obstructing the course of justice, the police will keep the defendant in custody, until they are able to bring them to the magistrates' court for a decision to be taken on whether they should be remanded in custody. They must be brought before the next available court. The prosecutor in the case will be given details of the offence and reasons why the suspect should be remanded in custody to a prison. The prosecutor will present these details to the court. The defendant will usually be represented by a solicitor who may argue that they should be given bail.
Q. What does 'unconditional and conditional bail' mean?
A: Where it is believed there is some small risk that the defendant may commit another offence, will not attend court, or might intimidate you or other witnesses, or otherwise obstruct the course of justice, bail, if granted, will be conditional. This means that the defendant's liberty is restricted in some way e.g. a restriction on visiting certain areas, or a night time curfew. Where such a condition is breached, he or she can be arrested and brought before the magistrates' court where, if appropriate, they may be remanded in prison custody. Where there are no such concerns unconditional bail may be granted.
Q. Will I have to go to court?
A:
- If the defendant pleads guilty, you will not have to go to court to give evidence;
- Where the defendant pleads not guilty, it means that the case has been 'contested' and there will be a trial. In this case you may be required to attend court and give evidence, but remember, if you are a prosecution witness there are support services, such as the Witness Service (for adult witnesses) and the Young Witness Service (for witnesses under the age of 18 years old) which will help you through this experience. You may also wish to refer to the 'Going to Court' section of the walkthrough for further information.
- Sometimes the defendant can change his plea from not guilty to guilty just before the trial starts. In this situation, you will probably be required to attend court, but will be told as soon as the prosecution are satisfied that the defendant has pleaded guilty to all the charges. There should be no requirement for the court to hear your evidence in this situation. This can be very frustrating for those witnesses who have arrived at court, but it is the right of the defendant to change his/her plea at any stage throughout the process.
Q. I have heard about 'special measures', what are they?
A: Special measures are offered to people who the law describes as "vulnerable or intimidated witnesses". They are designed to help you give your evidence and make the process easier and less daunting.
If you are a prosecution witness and the officer in charge of the case thinks you would qualify for special measures, he or she will discuss this with you, and then with the prosecution in the case, if the case is going to go to court. The prosecution will go through the reasons for special measures and take into account your views, and if these fit the legal criteria, they will apply to the court for the special measures to be put in place. If you are a defence witness, the defence solicitor will consider the use of special measures and make the necessary provision for you.
Two examples of special measures are:
A screen in the courtroom that prevents you from seeing the defendant; and
A live TV link which would allow you to give evidence in a separate room outside of the courtroom. This room is usually another room located in the courthouse. Your evidence is shown live in the courtroom.
For further information on special measures, please refer to the 'Going to Court' section.