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Principled Investigations - Essay Example

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In the essay “Principled Investigations” the author discusses the issue that before the police stop and search they must have reasonable grounds for suspecting that they will find stolen goods, or drugs, or an offensive weapon, or any article made or adapted for use in certain offenses…
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Principled Investigations
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Download file to see previous pages When the suspects are arrested the police can search them for anything they might use to help them escape or for evidence relating to the offense that has led to their arrest. (Schmalleger, 2002) The police should normally arrest if they have a valid arrest warrant. However, there are some situations where they can affect an arrest without a warrant. The instances include where: suspects are in the act of committing certain offenses, they have reasonable grounds for suspecting commission of certain offenses, they have reasonable grounds for suspecting one has committed certain offenses, suspects are about to commit certain offenses and they have reasonable offense for suspecting that one is about to commit certain offenses. ...
The right to legal advice can be delayed in very serious cases and the police detention should not exceed 24 hours without charging suspects. There should be counsel present in the cause of a serious charge and where one is to be interviewed under caution. (Schmalleger, 2002) Charges and Elements The Crown Prosecution Service (CPS) is entitled by law to draft a charge sheet and present it before a court of law. The charges that the CPS can lodge against the defendant in this case scenario are aggravated arson contrary to section 1(2) as read with section 1(3) of the Criminal Damage Act, 1971. In the alternative, the CPS may lodge the charge of racially aggravated arson, contrary to section 3 of the Criminal and Disorder Act, 1998. The maximum penalty for aggravated criminal damage and arson is life imprisonment. The CPS must, therefore, prove the actus reus and men's rea of the defendant in order to link her to the offenses. (Archbold, 1985) The elements of the felony of aggravated arson include those of simple criminal damage with the additional element of intending or being reckless as to the endangering of life. A person is guilty of criminal damage if they intentionally or recklessly destroy or damage property belonging to another without lawful excuse. The actus reus of aggravated criminal damage consists of destruction or damage, property, belonging to himself or another and endangering life. (Archbold, 1985) There is no statutory definition of 'destroy or damage', however some principles have emerged from case law. ...Download file to see next pagesRead More
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