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Criminal Practice > 1. Advising clients about procedure and processes at the police station > Flashcards

1. Advising clients about procedure and processes at the police station Flashcards

1
Q

Who is responsible for opening and maintaining a custody record for each suspect who has been arrested?

A

Custody officer

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2
Q

What information is contained in a custody record?

A

Personal details

Offence and reason for arrest

Time of arrest and time of arrival at station

Reason for authorising suspect’s ongoing detention

Time detention was authorised

Confirmation suspect has been given details of their rights

Details of the items of property the suspect has

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3
Q

In what event can property on a suspect’s person be retained?

A

If it is evidence

If it could cause physical injury to themselves or others

If it could cause damage to property

If it could assist with escape

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4
Q

What should the custody officer do if there is not sufficient evidence to charge a suspect?

A

Release them with or without bail

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5
Q

What should the cell conditions be like for the suspect?

A

Must be adequately heated, cleaned and ventilated, and adequately lit

Bedding must be reasonable standard and in clean and sanitary condition

Must have access to toilet / washing facilities

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6
Q

What is the suspect entitled to in terms of food / exercise whilst being held at the station?

A

2 light meals and 1 main meal in any 24-hours, drinks upon reasonable request

Brief practicable outdoor exercise

Suspects visited in cell every hour

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7
Q

Under what circumstances can the police delay exercising a suspect’s right to legal advice?

A

Only for an indictable offence, for a max of 36 hours and only if it will:

  1. Lead to interference
  2. Lead to alerting of other persons suspected of having committed an offence
  3. Hinder recovery of any property
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8
Q

Under what circumstances can the police delay exercising a suspect’s right to have someone informed of their arrest?

A

Only for a max of 36 hours and only if it will:

  1. Lead to interference
  2. Lead to alerting of other persons suspected of having committed an offence
  3. Hinder recovery of any property
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9
Q

Which PACE Code contains the detention time limits and reviews of detention rules?

A

Code C

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10
Q

What is the maximum period of time someone can be detained on suspicion of committing a summary offence?

A

24 hours from arrival at police station (or from time of arrest if voluntarily attended station)

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11
Q

What is the maximum period of time someone can be detained on suspicion of committing an indictable/ either-way offence?

A

An initial 24 hours from arrival at police station (or from time of arrest if voluntarily attended station)

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12
Q

What police rank can extend the initial 24 hours detention for indictable offences, and for how long?

A

Superintendent or higher

Extra 12 hours

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13
Q

After 36 hours, how much longer can the police detain the suspect and how?

A

Warrant of further detention from magistrates court - further 36 hours

Warrant can be obtained twice

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14
Q

What is the maximum period someone can be detained for at the police station?

A

96 hours / 4 days

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15
Q

When must the police carry out their first detention review, to ensure that the grounds for the suspect’s detention are still applicable? What rank of officer?

A

6 hours after custody officer first authorised detention

Not below rank of inspector

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16
Q

When must the police carry out their second detention review? What rank of officer?

A

No later than 9 hours after first review

Not below rank of inspector

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17
Q

Is the defence solicitor entitled to receive copies of all relevant information when arriving at the police station?

A

No, just to review the documents

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18
Q

What information should the solicitor obtain from the custody officer upon arrival at the station?

A

Custody record

Any significant comments

Samples

Information from interviews

Whether client is under any form of physical or mental disability / any illness

Any significant items found

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19
Q

What information should the solicitor obtain from the investigating officer upon arrival at the station?

A

Disclosure - i.e. what the client has done

Significant statements

Officer’s next steps

20
Q

When would the client often prepare a written statement?

A

When they have made a “no comment” interview

21
Q

When should a client’s written statement be given to the police?

A

During the interview or just prior to the charge

22
Q

Can a suspect be interviewed if under the influence?

A

No

23
Q

Can a client be interviewed before they receive legal advice?

A

No unless they have turned down a solicitor

24
Q

Under what exceptions can a suspect who has indicated that they require legal advice be interviewed without a solicitor / legal advice?

A
  1. Police exercising right to delay for 36 hours
  2. Relevant solicitor has agreed to attend station but waiting would cause unreasonable delay
  3. Solicitor requested cannot be contacted and suspect does not want a different one
  4. Ask for legal advice then change mind (procedure required)
25
Q

If a suspect asks for legal advice and then changes their mind, what procedure needs to be followed in order to allow the police to interview the suspect?

A
  1. INSPECTOR or higher speaks to suspect to enquire about reasons for their change of mind, and records reasons
  2. Suspect confirms in writing they want to proceed without speaking to a solicitor by signing entry in custody record
  3. INSPECTOR oR higher approves proceeding and gives written authority
26
Q

If a suspect has been interviewed without legal advice, having indicated their need for it, under one of the the exceptions, what is the impact regarding adverse inferences?

A

No adverse inferences can be drawn from their silence in interview

27
Q

If an interview takes place over more than one day, what are the requirements for rest for the suspect?

A

Must be given a continuous period of at least 8 hours for rest

Breaks at recognised mealtimes

Short refreshment breaks at 2 hour intervals

28
Q

If a client admits guilt to the solicitor but also intend to deny the offence, what can the solicitor do?

A

Cannot attend the interview to represent the client as this breached solicitor’s duty to not mislead the court

29
Q

Which Code contains the rules regarding identification procedures?

A

Code D

30
Q

When must an identification procedure be held?

A

Whenever a witness has identified / purports to have identifies a suspect

Witness thinks they can identify the suspect, and suspect disputes being person witness claims to have seen

31
Q

What are 2 examples contained within Code D of when it would not be necessary for the police to hold an identification procedure?

A
  1. Suspect admits being at scene of the crime and gives a non-contradicting account
  2. It would serve no purpose, i.e. not disputed that suspect is known to witness, who claims to have seen them at the scene of the crime
32
Q

What are the 4 different types of identification procedures under Code D?

A

Video
Parade
Group
Confrontation

33
Q

What type of identification procedure should the suspect be offered initially?

A

Video, unless not practicable

34
Q

If showing photographs, what must be done before showing the witness any videos for identification?

A

Record witness’ description of suspect

35
Q

What is the minimum number of photographs which must be shown to the witness?

A

12 at a time

36
Q

How many people must be included in a video identification line up?

A

The suspect and 8 others

37
Q

What rights do the solicitor / suspect have prior to the video identification/ identification parade being shown?

A

Reasonable opportunity to review and object

38
Q

If the solicitor / suspect object to any individuals in the identification line-up, what must the police do?

A

Take steps to remove them, if practicable

39
Q

If the suspect has any distinctive features, what should the police do?

A

Replicate these on others in the line up

40
Q

What is group identification?

A

Where witness sees suspect in an informal group

May take place with suspects consent and cooperation, or covertly if suspect does not consent

41
Q

Who is responsible for running an identification procedure?

A

An officer not before rank of inspector, who is not involved with the investigation

42
Q

What are the categories of potentially vulnerable clients?

A
  1. Juveniles
  2. Suspects suffering from mental health condition
  3. Suspects who are deaf, blind or unable to speaj
  4. Suspects who cannot speak or understand English
43
Q

What is the order of preference for a juvenile’s appropriate adult?

A

1st choice = parent / guardian

2nd choice = social worker

3rd choice = another responsible adult who is not connected to the police

44
Q

When can a juvenile reject a parent as their appropriate adult?

A

If they’re estranged

45
Q

Who cannot be an appropriate adult for a juvenile?

A

Police officer / employee of police service

Interested party, e.g. victim or witness

Someone the juvenile has made an admission to

Estranged parent (when specifically objected to)

46
Q

Are any conversations between the appropriate adult and juvenile protected by legal privilege?

A

No

Criminal Practice (7 decks)

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