Summary of Criminal Procedure in England and Wales

## Introduction Criminal procedure covers the legal steps from arrest through determination of guilt or acquittal. This guide explains how police powers, detention, bail, and the Police and Criminal Evidence Act 1984 (PACE) operate in England and Wales. It focuses on practical rules and rights a defendant and others should know. ## 1. The Criminal Justice Actors and Flow - Main institutions: **police**, **Crown Prosecution Service (CPS)** (note: prosecution details covered elsewhere), and **courts**. - Typical sequence: 1. Offence reported to police 2. Police investigate and identify suspect 3. Arrest and detention for questioning 4. Decision to charge, release, or apply other measures 5. Court hearing to decide guilt or acquittal > Definition: "Arrest" — the apprehension of a person suspected of criminal activity, restricting their liberty pending investigation or charge. ### Practical example A theft is reported at a shop. Police take statements, review CCTV, identify a suspect, and arrest that person for questioning. If evidence is sufficient, the police may pass the case to the CPS for charging decisions. ## 2. Police Powers on Investigation and Arrest ### What police do when a crime is reported - Take a crime report and statements from victims/witnesses - Search the scene for evidence - Identify and either arrest or summon a suspect ### Arrest: rules police must follow When carrying out an arrest the officer must: - Identify themselves as police - Tell the suspect they are under arrest - State the offence they suspect the person of - Explain why the arrest is necessary - Make clear the suspect is not free to leave Police may use **reasonable force** if the suspect resists (e.g. handcuffs). They may also search the suspect and seize items. > Definition: "Citizen's arrest" — an arrest performed by a private person under specified conditions without a warrant. ### Citizen's arrest: when allowed Citizen's arrest may be lawful only in limited situations, for example: - The person is committing an arrestable offence or the citizen reasonably believes so - The person has committed an arrestable offence or the citizen reasonably believes it - The person is committing a breach of the peace If a citizen detains someone unlawfully, the detained person may bring a civil action for false imprisonment. ## 3. Rights and Treatment in Custody When taken to a police station the custody officer must inform the detainee of rights, including: - Right to legal advice; a free duty solicitor is available if the suspect cannot afford a lawyer - Right to have someone informed of the arrest (subject to delay in some cases to protect the investigation) - Right to medical assistance if needed - Right to see PACE Codes of Practice and a written notice of rights (with interpreter if required) - Right to remain silent (the right to silence) - Right to an appropriate adult for juveniles or mentally disordered/disabled adults Arrestees will be searched, possessions held by custody staff, and questioning recorded. The police caution must be read before questioning: > "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." Police can detain without charge for up to 24 hours, with extensions in serious cases (36 or 96 hours) and longer under terrorism legislation (up to 14 days). Police may take photographs, fingerprints, and DNA samples without the arrestee's consent. ### Practical example A vulnerable 16-year-old is arrested. An appropriate adult (parent or social worker) must be present during interview. The custody officer gives the written notice in the youth's preferred language and offers a duty solicitor if required. ## 4. Outcomes After Investigation Police options after investigation: - Charge the suspect (then court process follows) - Release with no further action - Release on police bail