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8.2 Overview of criminal pre-trial procedures

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So what is criminal pre-trial procedure

Criminal pre-trial procedures refer to the; initial arrest of the

suspect, the granting of bail Released without charge Remanded in custody Judicial proceedings

such as committal hearing before trial commences.

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Arresting & Charging a Suspect

Can only arrest a person if they are considered a suspect

May arrest if a warrant for their arrest has been issued

i.e., fail to answer bail

Caution and rights must be given when arrested for committing an offence.

When arrested a person must be

1. Charged and bailed2. Remanded in custody3. Released without charge Person when practicable must

be advised of the reason for their arrest

Suspect must provide correct name, DOB and address or commits an offence

Person can be held in custody for a ‘reasonable period’ that must withstand scrutiny and be justified by investigating officers

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Purpose of criminal pre-trial procedures

Evidence gathering to either inculpate or exculpate a person of interest

Sets standards of behaviour of all parties. i.e., rights

Maintain confidence within the legal system

Rights of suspects are protected.

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Your turn

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