How long can the police hold you?
The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.
What evidence do police need to prosecute?
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
How long can police leave you under investigation?
Effectively, this means the police must charge (or lay an information before a Magistrates’ Clerk) within six months of the date of the offence (section 127(1) Magistrates’ Courts Act 1980). For all other offences, there is no statutory time limit.
What role did the CPS take over from the police?
The CPS is independent, and we make our decisions independently of the police and government. determines the appropriate charges in more serious or complex cases, and advises the police during the early stages of investigations; prepares cases and presents them at court; and.
How do CPS decide to prosecute?
The CPS does not investigate allegations of crime, or choose which cases to consider. CPS prosecutors must review every case referred to us by the police, or other investigators. We provide expert legal advice early in investigations to help build strong cases, or identify where a suspect should not be charged.
What is the CPS evidential test?
The evidential stage Crown Prosecutors must be satisfied that there is enough evidence to provide a “realistic prospect of conviction” against each defendant on each charge. They must consider whether the evidence can be used and is reliable.