1) Procedure and processes at the police station Flashcards
Overview
1) Arriving - searching, procedure, rights
2) Detention - time limits, rights, reasons
3) Interviewing - conduct, procedure, how to answer, whether they should be interviewed
4) Identification Procedure - when to hold, procedure
5) Vulnerable clients
Order for arrival
1) Brought before custody officer and a custody record opened
2) Informed of their rights
3) Custody officer will determine if there is sufficient evidence to charge the suspect
4) Custody office will determine detention
5) Authorise search
Arrival at the police station - Being brought before the custody officer
A suspect who has been arrested must be brought before a custody officer (least rank of sergeant) in the custody suite on their arrival at the police station.
Arrival at the police station - Initial steps for the custody officer
They’re responsible for opening and maintaining a custody report for each suspect who has been arrested and brought to the police station. It includes:
- Suspects name, address, telephone number, date of birth and occupation
- The offence for which they’ve been arrested
- Time of the arrest and arrival at the station
- Why the suspect’s ongoing detention has been authorised
- The time detention was authorised
- Confirmation that the suspect has been given details of the rights they may exercise whilst detained and whether they have requested legal advice
Arrival at the police station - Search of the detained person
This is to find out what items of property a suspect has on their person and will make a record of these items. Items of clothing and personal effects may be seized only if the custody officer has reasonable grounds for believing that they may be evidence or if the custody officer believes that the suspect may use them:
- To cause physical injury to themselves or others
- To cause damage to property
- To interfere with evidence
- To assist them to escape
Detention - The decision to detain a suspect
The custody officer must determine whether there is already sufficient evidence to charge the suspect with the offence for which they have been arrested. If there is such evidence the suspect should be charged straight away and either released on bail to appear before the magistrates’ court on a later date or remanded in police custody until they can be brought before the magistrates’ court
Detention - Grounds for detention
If there is not sufficient evidence to charge a suspect immediately the suspect should be released either on bail or without bail unless:
a) The custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest
b) It is necessary to obtain such evidence by questioning
Detention - Conditions of detention
1) The cell in which a suspect is held must be adequately heated, cleaned and ventilated and adequately lit
2) Any bedding supplied must be of a reasonable standard and clean
3) Must be provided with access to toilet and washing facilities
4) Must be offered at least two light meals and one main meal in any 24 hour period and drinks should be provided at mealtimes
5) Should be offered brief outdoor exercise daily
6) Should be visited every hour
Rights of a suspect
Ongoing rights so they can exercise them at any time
1) The right to have someone informed of the suspect’s arrest
2) The right for the suspect to consult privately with a solicitor
3) The right to consult the codes of practice
4) Be advised of their right to be informed about the offence and any further offences for which they are arrested
Rights of a suspect - Right to legal advice
Right to receive free and independent legal advice. If they make a request they should be allowed to consult a solicitor as soon as practicable. Can be delayed for 36 hours by an officer of at least the rank of superintendent and only where it is for an INDICTABLE ONLY OFFENCE. Can only if there’s reasonable grounds for believing:
- Lead to interference with or harm to evidence
- Lead to the altering of other persons suspected
- Hinder recovery of any property obtained
- Interference with or physical injury to other people
Rights of a suspect - Right to have someone informed of arrest
One friend or relative or other person who is known to him or who is likely to take an interest in his welfare as soon as is practicable. Can be delayed for up to 36 hours. Must be authorised by an officer of at least the rank of INSEPCTOR and can only for an INDICTABLE OFFENCE. Can only if there’s reasonable grounds for believing:
- Lead to interference with or harm to evidence
- Lead to the altering of other persons suspected
- Hinder recovery of any property obtained
Detention - Detention time limits - The detention clock
A person shall not be kept in police detention for more than 24 hours without being charged. 24 hour period begins from the relevant time.
Detention - Detention time limits - The detention clock - Definition of relevant time
Relevant time is determined as:
- In the case of a person attending voluntarily who is then arrested - at the time of their arrest
- In the case of a person who attend the police station to answer ‘street bail’ the time when they arrive at the station
- In the case of a suspect who has been arrested away from the police station - generally the time when the suspect arrives at the 1st station they are taken after their arrest
Detention - Detention time limits - The detention clock - Extending the time period
An officer of the rank of superintendent or above can increase this to 36 hours if they have reason to believe that:
- The detention without charge os necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest or obtain such evidence by questioning them
- The offence is an indictable offence
- The investigation is being carried out diligently and expeditiously
Detention - Detention time limits - The detention clock - Magistrates extending time limit first time
Magistrates can extend to 72 hours if they grant a warrant for further detention
Detention - Detention time limits - The detention clock - Magistrates extending the time limit second time
There can be cases where a further detention is warranted by the necessity to obtain or preserve evidence a magistrate may request up to 96 hours.
Detention - Detention time limits - The review clock
A review officer who must be at least the rank of investigator and not involved in the case must review the circumstances of your detention after 6 hours and then every 9 hours
Advising a client whether to answer police questions - Sources available to solicitor
3 sources available to a solicitor who attends the police station to represent a suspect:
1) The custody officer
2) The investigating officer
3) The client
Advising a client whether to answer police questions - Sources available to solicitor - Custody officer
Solicitor needs to get the following details from the custody officer:
- The alleged offence
- Time at which the custody officer authorised the client’s detention and reason for authorisation
- Any sig. comments made by the client whilst at the police station
- Any samples, fingerprints or impressions of footwear
- Any identification procedure
- Any interview which may have already taking place
- Whether client has a physical/mental disbality
- Any illness
- Any items found on client
- If they’ve already been at the station for 6+ hours
Advising a client whether to answer police questions - Sources available to solicitor - Investigating officer
Purpose is to obtain the following information:
- Disclosure - what the client is alleged to have done which constitutes a criminal offence - solicitor should push the officer to disclose as much information as possible
- Sig. statements and/or silence
- The next steps the investigation officer proposes to take
Advising a client whether to answer police questions - Sources available to solicitor - The client
Need to discuss their identity and role with the client. Must tell the client that anything they are told by the client will remain confidential although the solicitor is bound by certain rules of professional conduct. Should give the client details of what they have been told by the investigating officer about the offence. Should advise client about the substantive law. Should get their client’s version of events and advise the client as to what the police will need to prove in order to obtain a conviction for the offence.
Advising a client whether to answer police questions - Steps to prepare a client for an interview
- Advise the client on whether or not to answer questions put to them in the interview
- Preparing a written statement on the client’s behalf if the client is to give a ‘no comment’ interview but hand the statement to the police so that their defence is put ‘on record’
- Advise the client how the interview will be conducted by the police
- Advise the client what role the solicitor will play in the interview
Advising a client whether to answer police questions - Options for a client in an interview
1) To answer all the questions put to them - incriminate themselves
2) To give a no comment interview - adverse inference
3) Selective silence where the client answers some questions but not others - adverse inference and looks bad in the eyes of a jury
4) To give a no comment interview but either during the interview or before being charged hand a written statement to the police setting out facts the client will rely upon in their defence at trial - good option to avoid adverse inference being drawn at trial
Steps for an investigating officer to preserve or obtain evidence
The steps that an investigating officer can take to secure, preserve or obtain evidence whilst the suspect is detained will involve one or more of the following:
- Carrying out an audibly recorded interview with the suspect about the suspect’s alleged involvement in the offence
- Arranging for an identification procedure to be conducted
- Taking fingerprints from the suspect
- Taking samples from the suspect
Should a suspect be interviewed at all?
Code C provides that suspects shouldn’t be interviewed if at the time they appear unable to:
- appreciate the significance of questions or their answers
- understand what is happening because of the effects of drink, drugs or illness
Can a suspect be interviewed before receiving legal advice? - General rule
Shouldn’t be interviewed until they have received legal advice. If a suspect has indicated that they do not require legal advice but then change their mind the police should stop the interview to allow the suspect to obtain such advice
Can a suspect be interviewed before receiving legal advice - Exceptions
Can be delayed up to 36 hours by officer of rank of inspector and gives authority in writing
1) If the solicitor they want to talk to is not avaliable
2) Needs to be in writing that suspect has changed their mind
Start of interview
1) Police officer needs to caution the suspect
2) Advise the suspect of their continuing right to legal advice - even if the solicitor is already in the interview (Code C)
3) Significant statements and silences - they must ask the suspect whether they confirm or deny that statement or silence and if they want to add anything (Code C - breaching it can lead to exclusion of interview)
Interview Caution wording
That adverse inferences can be drawn for failing to account for items found on the suspect when arrested, presence at time of arrest and any defence failed to put forward
Conduct of interview
Can’t obtain answers through oppression (Code C).
- Raises their voice or shouts at the suspect
- Makes threatening gestures towards suspect
- Leans towards suspect so that they are ‘in the suspect’s face’
- Stands over or behind the suspect
- Threatens to detain the suspect indefinitely unless they make a confession
- No inducements to admit their guilt
Breaks from interviews
- If interviews take place over more than one day the suspect must be given a continuous periods of at least 8 hours for rest
- Breaks should take place at recognised mealtimes and short refreshment breaks at 2 hour intervals
When should an interview end?
When the officer in charge is satisfied all the questions they consider relevant have been put to the suspect
Is the solicitor entitled to a copy of the custody record at this stage of the investigation?
No at this stage (pre-charge stage) the custody officer is only required to allow the solicitor to inspect the custody record and detention log. A legal representative/appropriate adult to request copy of custody record when detainee leaves police station or is taken before the court
Pre-charge stage - does the investigating officer have to provide disclosure before the client’s interview?
The requirement is to give the solicitor the sufficient information to enable them to understand the nature of any such offence and why the client is suspected of committing it
Changing your mind about having a solicitor
Written authority is needed by an officer not below the rank of inspector
