01 Advising clients, including vulnerable clients, about the procedure and processes at the police station

Question 1

Custody officer

Answer 1

An officer, independent of the investigation, holding the rank of at least Sergeant, who is responsible for:

• managing the custody suite, including the care and welfare of detained persons and taking the decision to authorise or refuse the detention of any persons presented before them.
• ensuring that while detainees are at the custody suite, police officers and police staff adhere to the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice regarding the rights and treatment of persons arrested.
• opening a custody report.

Question 2

Custody record

Question 3

PACE Codes

Question 4

PACE 1984, Code C

Question 5

Rights of a suspect being detained by the police for questionning

Answer 5

• Right to legal advice
• Right to have someone informed of arrest

Question 6

Delaying access to legal advice

Answer 6

• limited circumstances
• up to 36 hours
• indictable offence
• officer rank: superintendent or above
• officer has reasonable grounds for believing the exercise of the right to legal advice will:

(i) lead to:
- interference with, or harm to, evidence connected with an indictable offence; or
- interference with, or physical harm to, other people; or

(ii) lead to alerting other people suspected of having committed an indictable offence but not yet arrested for it; or

(iii) hinder the recovery of property obtained in consequence of the commission of such an offence.

Question 7

Detention time limits and reviews of detention under PACE 1984, Code C

Question 8

The initial maximum period of detention before charge (the ‘detention clock’)

Answer 8

s 41 - no more than 24 hours without being charged

Status of suspect ‘Relevant time’

Volunteer attending the police station => At time of arrest at the police

Suspect on ‘street bail’ => At time of arrival at the police station

Suspect arrested away from the police station => At time of arrival at the first police station

Question 9

Can the police extend the maximum period of detention?

Answer 9

s 42 - the police can extend the period of a suspect’s detention in the police station up to a period of 36 hours (i.e. an additional 12 hours on top of the original 24 hours) from the ‘relevant time’ if certain conditions are met.

Such authorisation must be given by an officer of the rank of superintendent or above, and may only be given if the superintendent has reasonable grounds for believing that:
- the detention of the suspect without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them;
- the offence is an indictable offence (i.e. an either- way or an indictable- only offence); and
- the investigation is being carried out diligently and expeditiously.

Question 10

Can an interview be conducted without the suspect’s consent?

Answer 10

An interview can be conducted without the suspect’s consent.

Question 11

Right to silence

Question 13

Prepared statement

Question 14

Caution

Question 15

Interview

Question 16

When does a suspect is considered unfit to be interviewed?

Answer 16

If it appears they are unable to:

• appreciate the significance of the questions which are put to them, or their answers to the questions, or
• understand what is happening due to the influence of drugs, alcohol, or any medical illness, ailment or condition.