Chapter 11 Scenario questions

. Alex is charged with stealing jewellery, which was found in his pocket when he was searched by PC Garvey on the street. A passer-by recorded the search on their mobile phone and it is clear from the footage that PC Garvey had no grounds to carry out the search.
Which of the following statements is correct?

The police will be obliged to drop the case against Alex.

The trial judge must stop the case against Alex.

The trial judge must rule that evidence relating to the discovery of the jewellery is inadmissible.

PC Garvey may face disciplinary proceedings.

. PC Smith sees a man climbing into a house through a broken window. PC Smith suspects that the man is burgling the house and wishes to arrest him.

Which of the following would not be a reason for believing that it is necessary to arrest the man under s.24 of the Police and Criminal Evidence Act (PACE) 1984?

PC Smith asks the suspect his name and the suspect replies 'Mickey Mouse!'

PC Smith is aware that, if charged and convicted of burglary, the suspect is likely to receive a prison sentence.

Upon seeing PC Smith, the suspect begins to run away.

Upon seeing PC Smith, the suspect says 'I know it was John who called the police. I'm going to go straight round to his house and stab him for grassing me up!'

. Bob is being detained at a police station, having been arrested on suspicion of theft (a recordable offence).

Which of the following can only be taken from Bob if he consents?

A blood sample

Fingerprints

A hair sample

Photographs

. Karina was arrested on suspicion of fraud and interviewed for ten hours. She confessed after the interviewing officer shouted at her. Karina is now on trial for theft in the Crown Court and her barrister, Louise, intends to invite the judge to rule the confession inadmissible on the ground that it was obtained by oppression.
Which of the following statements about the test for excluding confessions under s.76(2)(a) is correct?

In order to exclude the confession, Louise must prove beyond reasonable doubt that it was obtained by oppression.

In order to exclude the confession, Louise must prove that it was probably obtained by oppression.

The judge will be required to exclude the confession unless the prosecution can prove beyond reasonable doubt that it was not obtained by oppression.

It is the jury and not the judge who must decide whether the confession is admissible.

. Kate has been arrested for common assault, which is a summary only offence. The police wish to detain her so they can interview her.
What is the maximum period for which Kate can be detained in police custody?

The police can detain Kate for a maximum of 24 hours, after which they must either charge or release her.

The police can initially detain Kate for a maximum of 24 hours, but a senior officer can authorise her detention for a further 12 hours.

The police can initially detain Kate for a maximum of 24 hours, a senior officer can authorise her detention for a further 12 hours and a magistrates' court can then authorise further detention up to a maximum of 96 hours.

Kate cannot be detained in police custody because assault is not an indictable offence.

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