Matt Hardcastle

Case on access to electronic data R v AB and CD [2025] EWCR 3 www.bailii.org/cgi-bin/form... - it is not necessary to caution a suspect when asking for a PIN to an electronic device, even if the suspect is a child. Note that it is a Crown Court decision.

Another case, R v CC at Woolwich bailii.org/ew/cases/EWHC/… which is an example of an increasing need for detail in prepared statements. See particularly paras 16, 63, 70, 71 and 78.

Police station: update

@edcape.bsky.social @uwebristolofficial.bsky.social, @matthardcastle.bsky.social and Sandra Paul (Kingsley Napley) outline important policy and guidance developments, and an important case on the right to silence, as well as other cases of interest.

But not necessarily a reasonable belief Carter v CC Essex Police [2025] EWCA Civ 367 www.bailii.org/cgi-bin/form...

In order to exercise their power under PACE s54(4)(a) to seize clothes and personal effects of a detained person, the custody officer must actually have relevant belief (eg that detainee may use them to injure self or others)

(2/2) prosecution does not have to show that officers acting in the lawful execution of their duty. Also, judge applied the incorrect test for assessing lawfulness of arrest. DPP v Price and Darby [2024] EWHC 2864 (Admin)

Case concerning assault on police officers. If person charged with assault on emergency worker under Assaults on Emergency Workers (Offences) Act 2018 rather than assault on police officer in the execution of their duty under Police Act 1996 s89(1) (1/2)

The Autumn 2024 police station webinar for LAG is marking 40 years since the Police and Criminal Evidence Act was enacted. You can find details, and booking, here - www.lag.org.uk/events/ticke...

Disturbing report on police strip-searching of children by Children's Commissioner. A child is strip-searched every 19 hours in England and Wales, and half of searches result in no further action - assets.childrenscommissioner.gov.uk/wpuploads/20....

(5) decisions to move from bail to RUI occurring when investigations were expected to be lengthy and/or to avoid bail reviews and extension applications. 3/3

(2) formulaic use of bail conditions; (3) a significant increase in the average time spent on bail or RUI; (4) a risk averse culture in which all lines of enquiry would be exhausted even if the outstanding evidence was unlikely to be sufficient to charge some suspects; and 2/3

Pre-charge bail - University of Birmingham The project provided insights into how pre-charge bail and Release Under Investigation (RUI) were being used

Professor Anthea Hucklesby’s research into Pre-Charge Bail raise some challenging questions as to the current use of police bail. The findings include: (1) a weakening of checks and balances that ought to be in place for pre-charge bail; 1/3

www.birmingham.ac.uk/research/cen...