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…
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
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…
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