Witness Walkthrough - Arresting a suspect

Frequently Asked Questions
 
  • How long will the police investigation take?
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    A police investigation can take several months and the investigation will carry on as long as the police think they can achieve something. They will check developments and try to tie in information with any other similar cases or ongoing criminal activity. If the police collect enough evidence to identify a suspect they will interview the person and take the appropriate action for each particular case.

  • Don't all offences carry the power of arrest?
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    If you are a victim of an offence you may quite rightly feel that it is a serious offence. However in the eyes of the law some offences, due to their nature, are not deemed as serious as others and the offender will not be arrested. This does not mean that nothing will happen to the offender, he can still be issued a summons to attend court.

  • What is a summons?
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    This is when the court, using information it has received (normally from the police) about an offence, issues a written order requiring the person accused of the offence to go to court so that the matter can be dealt with.

  • Why has the suspect been released from custody?
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    English and European Law states that a person is innocent until they are proven guilty in a court, and so they should not be kept in police custody unless there are good reasons for doing so. 

  • How long can the police keep a suspect in custody for questioning?
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    Pre arrest - A person who has not been arrested cannot be forced to go to the police station for questioning but they can go to the police station voluntarily. The police cannot prevent such a person from leaving the police station unless they decide to arrest them.

    Once arrested - A person who has been arrested does not have the choice of whether to stay in the police station and he or she can be detained in custody.

    Arrested but not charged - If a person has not been charged, they would not normally be detained in custody for longer then 24 hours. During this time the police can either let the person go completely or release them on bail without conditions, which is an undertaking requiring them to attend the police station again on a certain date at a certain time.

  • How long can the police keep a young offender in custody?
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    Offenders who are over the age of criminal responsibility (which is 10 years of age), but are under the age of 17 can still be arrested and detained for up to 24 hours. The rules are slightly different to those described here for adult offenders.

  • What does charging mean?
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    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 that will appear before.

  • If the suspect admits their guilt, do they have to be charged?
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    When a suspect has been interviewed about an offence and has admitted their part in it, then charging is not the only option available to the police. If the suspect fits certain criteria and the offence is not too serious then the police can caution an adult or with a young person, give a reprimand or final warning.

  • What is a caution?
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    A caution means that the offender has to attend at a police station where they will be spoken to formally by a senior police officer. The offender must admit that he or she committed the offence. The offender will be warned about their behaviour and the consequences if a further offence is committed. The caution will then be recorded in writing. Although a caution is not a conviction, it can be put before a court if the offender is convicted of another offence.

  • What are Reprimands and Final Warnings?
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    Reprimands and Final Warnings have replaced cautions for Young Offenders. A reprimand is a formal verbal warning given by a police officer to a young person who admits they are guilty of a minor first offence. The police can issue a Final Warning instead of resorting to prosecution. When a Final Warning has been issued the offender is referred to a Youth Offending Team (YOT). The YOT is a multi-agency group (including the police) who work with victims and young offenders to try to prevent re-offending. The offender will be assessed and in the vast majority of cases a rehabilitation programme aimed at preventing re-offending is provided.

  • What is bail?
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    Unconditional bail – Where the police think that the suspect is unlikely to commit another offence, will attend court when required, will not intimidate the victim or other witnesses or obstruct the course of justice they will usually release them on unconditional bail. This requires only that they turn up to court on time. However if they do not turn up the court can issue a warrant for their arrest.

    Conditional bail - Where the police think there is a risk that the suspect may commit another offence, fail to turn up at court, intimidate you or other witnesses, or obstruct the course of justice, they can impose conditional bail. This means that their liberty is restricted in some way. For example, there may be a condition not to go within a certain distance of your house, or there may be a curfew if the offence was committed at night. If they are reported or believed to have breached one of the conditions, they can be arrested and put before a magistrates' court where they may be remanded in custody.

  • What does remand in custody mean?
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    Where there is a high risk of the defendant committing another offence, failing to turn up at court, intimidating you or obstructing the course of justice the police will keep the defendant in detention and take them to the magistrates court. The Crown Prosecutor will be given details of the offence and reasons why the police think that they should be remanded in custody to a prison. It is up to the prosecutor to decide whether or not they agree with the police recommendation. One of the things they will think about will be circumstances and potential threat to the victim or other witnesses.

    The defendant will usually be represented by a solicitor who may argue that they should be given bail. After hearing the prosecutor and the defence solicitor or defendant, the magistrates will decide on bail. If the defendant is remanded in custody, they may apply one more time for bail to the magistrates and then if that application is refused they can apply to a judge. After this they cannot make any more applications unless they can persuade the magistrates that something about the case or personal circumstances has changed.

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