1. Detaining a suspect at the Police Station and Police Interviews

Question 1

Once a suspect is arrested, who must they be brought before?

Answer 1

On their arrival (or arrest) the suspect must be brought before the custody officer in the custody suite

Question 2

What is the role of the custody officer

Answer 2

to authorise the suspect’s detention and supervise their welfare whilst in custody

Question 3

Identity of the custody officer

Answer 3

• normally a police officer with at least the rank of sergeant, not involved in the investigation

Question 4

Three first steps the CO must take in relation to the newly arrested suspect

Answer 4

1. Open and maintain a custody record for them
2. Inform suspect of their ongoing rights
3. Update detention log (attached to custody record) with any significant events occurring during custody

Question 5

Who authorises the search of the suspect? To what ‘extent’ is the search authorised?

Answer 5

The custody officer, to the extent that is necessary

Question 6

After the search of the suspect, what is done with their clothing and personal effects

Answer 6

1. Any items on the suspects person are seized and retained
2. 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

Question 7

Who makes the decision of whether or not to detain the suspect? How is this decision made?

Answer 7

1. CO makes decision
2. If there is sufficient evidence to charge the suspect with the offence they are arrested for, they will detain them

Question 8

When is the decision to initially detain the suspect made?

Answer 8

After a custody record is opened and the suspect is informed of their rights

Question 9

If there is not sufficient evidence to charge a suspect, should they be released (on bail or not on bail)

Answer 9

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

Question 10

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

Answer 10

release them immediately

Question 11

What rights does a suspect detained for questioning have?

Answer 11

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

Question 12

Can the suspect’s right to legal advice be delayed?

Answer 12

Yes,
- authorised by officer atleast rank superintendent and only for indictable only offences

Question 13

What is the maximum duration for which a suspect’s right to legal advice can be delayed?

Answer 13

36 hours

Question 14

How must the superintendent authorise a delay in the right to get legal advice?

Answer 14

1. Can be done orally, should be confirmed in writing as soon as possible

Question 15

What grounds are there for delaying a suspect’s right to get legal advice?

Answer 15

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)

Question 16

Can the right to have someone informed of arrest be delayed? What circumstances?

Answer 16

1. Yes
2. Must be authorised by an officer of the rank inspector (at least)
   - indictable offence (indictable only or either way)

Question 17

What is the maximum duration for which an officer can delay someone’s right to informed another of their arrest

Answer 17

36 hours

Question 18

Which suspects should not be interviewed?

Answer 18

1. Suspects who appear unable to appreciate the significance of the question or their answers or
2. Understanding what is happening due to drink / drugs / illness / condition should not generally be interviewed

Question 19

Can a suspect be interviewed before receiving legal advice

Answer 19

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

Question 20

Oppression by the interviewer: Examples

Answer 20

• 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

Question 21

Rest breaks within the interview period

Answer 21

At least 8 hours in consecutive rest in any 24 hour period
- breaks during meal-times and
- refreshment breaks every two hours approximately

Question 22

If police interviewer breaches requirements for ending interview (and rest breaks), what are the consequences of this?

Answer 22

• the court may rule any admission or confession inadmissible

Question 23

What is the ‘relevant time’ for a volunteer attending the police station

Answer 23

The time of the arrest at the police station

Question 24

What is the ‘relevant time’ for a suspect on ‘street bail’

Answer 24

Their time of arrival at the police station

Question 25

What is the ‘relevant time’ for a suspect arrested away from the police station

Answer 25

Time of ARRIVAL at the police station

Question 26

Initial Maximum Period of detention before charge

Answer 26

24 hours from ‘relevant time’

Question 27

Extending period of detention: who can do it, how, and by how much?

Answer 27

1. Officer at least superintendent
2. Must have reasonable grounds… etc.
3. Can be extended to a total of 36 hours (12 hours + initial 24)

Question 28

Can a suspect accused of any offence have their initial period of detention extended?

Answer 28

No, has to be someone arrested for an indictable office (indictable-only or either-way)

Question 29

Further extensions of the detention period

Answer 29

1. By the police (+12 hours)
2. By application to magistrates court (+36 hours)
3. By further application to magistrates court (+36 hours max or no longer than 96 hours total)

Question 30

Grounds for extending detainment period

Answer 30

1. necessary to secure to preserve evidence (by questioning or otherwise)
2. investigation is being conducted diligently and expeditiously

Question 31

If regular detention reviews are not undertaken, what is the consequence?

Answer 31

If reviews are not carried out, detention after this time is unlawful (ie. amounting to tort of false imprisonment)

Question 32

1st, 2nd and Subsequent Detention Review Timings

Answer 32

1. 6 hours after detention is authorised
2. 9 hours after first review (MAX)
3. intervals of no more than 9 hours

Question 33

Under what conditions can a volunteer who attended the police station voluntarily be arrested?

Answer 33

If they generated substantial admissions in their interview

Question 34

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)

Answer 34

If the solicitor doubts the accuracy of the client’s instructions / will ‘change’ as the case progresses