Making an Arrest Questions

Might I have to attend an identity parade?
A: If the police have a suspect for an offence and the identity of that person is in dispute, they may wish to carry out an identity parade. In this case, you will be asked to pick out the person who you think committed the alleged offence. The most common is the 'line up', in which the suspect stands in a line of other people who have similar features to the suspect. There is a one-way glass partition between you and the suspect so that the suspect cannot see you. The suspect's solicitor is allowed to stand with you and the police officer, to ensure that the parade is carried out fairly.

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.

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.

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 and 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.

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. 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.

What does 'unconditional and conditional bail' mean?
A: Where it is believed there is some small risk that the suspect 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 suspect'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.