1. Detaining a suspect at the Police Station and Police Interviews Flashcards
Once a suspect is arrested, who must they be brought before?
On their arrival (or arrest) the suspect must be brought before the custody officer in the custody suite
What is the role of the custody officer
to authorise the suspect’s detention and supervise their welfare whilst in custody
Identity of the custody officer
- normally a police officer with at least the rank of sergeant, not involved in the investigation
Three first steps the CO must take in relation to the newly arrested suspect
- Open and maintain a custody record for them
- Inform suspect of their ongoing rights
- Update detention log (attached to custody record) with any significant events occurring during custody
Who authorises the search of the suspect? To what ‘extent’ is the search authorised?
The custody officer, to the extent that is necessary
After the search of the suspect, what is done with their clothing and personal effects
- Any items on the suspects person are seized and retained
- clothing and personal effects can only be taken if the CO worries they might use them to cause injury to themselves, cause property damage, interfere with evidence, or assist them to escape
Who makes the decision of whether or not to detain the suspect? How is this decision made?
- CO makes decision
- If there is sufficient evidence to charge the suspect with the offence they are arrested for, they will detain them
When is the decision to initially detain the suspect made?
After a custody record is opened and the suspect is informed of their rights
If there is not sufficient evidence to charge a suspect, should they be released (on bail or not on bail)
Yes, UNLESS
- CO has reason to think detention is necessary to secure / preserve evidence relating to an offence for which they are under arrest and / or
- it is necessary to obtain such evidence by questioning
If a suspect is detained on the grounds that important evidence can be obtained from them by questioning, if the CO no longer believes this to be the case, what must they do
release them immediately
What rights does a suspect detained for questioning have?
a. right to have someone informed of the arrest
b. right to consult solicitor
c. right to consult the codes of practice
d. right to be informed about the offence or further offences they have been arrested for whilst in custody and WHY they have been arrested and detained
Can the suspect’s right to legal advice be delayed?
Yes,
- authorised by officer atleast rank superintendent and only for indictable only offences
What is the maximum duration for which a suspect’s right to legal advice can be delayed?
36 hours
How must the superintendent authorise a delay in the right to get legal advice?
- Can be done orally, should be confirmed in writing as soon as possible
What grounds are there for delaying a suspect’s right to get legal advice?
If the officer has reasonable grounds for believing that getting legal advice will
a. lead to interference with or harm to evidence of offence or interference with or physical injury to others OR
b. lead to the alerting of accomplices not yet arrested OR
c. hinder recovery of property obtained as a result of the offence (ie. stolen goods)
Can the right to have someone informed of arrest be delayed? What circumstances?
- Yes
- Must be authorised by an officer of the rank inspector (at least)
- indictable offence (indictable only or either way)
What is the maximum duration for which an officer can delay someone’s right to informed another of their arrest
36 hours
Which suspects should not be interviewed?
- Suspects who appear unable to appreciate the significance of the question or their answers or
- Understanding what is happening due to drink / drugs / illness / condition should not generally be interviewed
Can a suspect be interviewed before receiving legal advice
Generally NO
- But if they delay the right, they can interview in this period
- if private solicitor cannot be contacted and they do not want the duty solicitor
- If suspects acts of legal advice and then changes their mind - can be interviewed
Oppression by the interviewer: Examples
- raising voice / shouting
- leans towards them so they are ‘in the suspect’s face’
- stands over or behind C
- makes threatening gestures towards C
- threatens to detain C indefinitely unless they make a confession
Rest breaks within the interview period
At least 8 hours in consecutive rest in any 24 hour period
- breaks during meal-times and
- refreshment breaks every two hours approximately
If police interviewer breaches requirements for ending interview (and rest breaks), what are the consequences of this?
- the court may rule any admission or confession inadmissible
What is the ‘relevant time’ for a volunteer attending the police station
The time of the arrest at the police station
What is the ‘relevant time’ for a suspect on ‘street bail’
Their time of arrival at the police station
What is the ‘relevant time’ for a suspect arrested away from the police station
Time of ARRIVAL at the police station
Initial Maximum Period of detention before charge
24 hours from ‘relevant time’
Extending period of detention: who can do it, how, and by how much?
- Officer at least superintendent
- Must have reasonable grounds… etc.
- Can be extended to a total of 36 hours (12 hours + initial 24)
Can a suspect accused of any offence have their initial period of detention extended?
No, has to be someone arrested for an indictable office (indictable-only or either-way)
Further extensions of the detention period
- By the police (+12 hours)
- By application to magistrates court (+36 hours)
- By further application to magistrates court (+36 hours max or no longer than 96 hours total)
Grounds for extending detainment period
- necessary to secure to preserve evidence (by questioning or otherwise)
- investigation is being conducted diligently and expeditiously
If regular detention reviews are not undertaken, what is the consequence?
If reviews are not carried out, detention after this time is unlawful (ie. amounting to tort of false imprisonment)
1st, 2nd and Subsequent Detention Review Timings
- 6 hours after detention is authorised (NOT after ‘relevant time’)
- 9 hours after first review (MAX)
- intervals of no more than 9 hours
Under what conditions can a volunteer who attended the police station voluntarily be arrested?
If they generated substantial admissions in their interview
When might a solicitor take a written statement from their client WITHOUT giving it to the police (keeping it for their own records and not disclosing it during interview)
If the solicitor doubts the accuracy of the client’s instructions / will ‘change’ as the case progresses
