1. The Criminal Justice System, and Advising Clients at the Police Station Flashcards

1
Q

What are the three summary only offences?

A
  1. Assault
  2. Battery
  3. Criminal damage of less than £5000 value
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2
Q

What six offences are triable either way?

A
  1. ABH
  2. Section 20 GBH
  3. Criminal damage
  4. All three frauds
  5. Burglary, subject to an exception
  6. Theft, subject to an exception
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3
Q

What will make burglary indictable only?

A

If it is of a domestic dwelling and:

  1. Includes commission or intent to commit an indictable only offence
  2. Victim subject to violence or threat of violence, or
  3. It is D’s third charge for domestic burglary
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4
Q

Theft equal to or below what value is considered summary only

A

£200, but D can elect for Crown Court if he wishes

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5
Q

What are a suspects seven rights at the police station under Police and Criminal Evidence Act 1984?

A
  1. Access to free legal advice, medical help, interpreter
  2. Notify someone of their arrest
  3. Inspect Codes of Practice
  4. Right to silence
  5. Informed of reason for arrest
  6. Inspect documents relating to their arrest and detention
  7. Information on detention time limits
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6
Q

What are the nine ranks of police officer, from high to low?

A
  1. Chief constable
  2. Deputy chief constable
  3. Assistant chief constable
  4. Chief Superintendent
  5. Superintendent
  6. Chief Inspector
  7. Inspector
  8. Sergeant
  9. Constable
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7
Q

What are the three criteria for delaying a suspect’s access to legal advice, and what is the maximum amount of time it can be delayed?

A

Access to legal advice can be delayed for 36 hours at most, if:

  1. Suspect is arrested for indictable only or either way offence (i.e. on the exam, something other than assault, battery, or theft under £200)
  2. Superintendent or above has authorised, and
  3. Officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence or others, alerting other suspects, or hindering recovery of property.

VERY NARROWLY APPLIED
- can deny right to named solicitor but rarely ANY solicitor

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8
Q

What are the three criteria for delaying a suspect informing someone of their arrest, and what is the maximum amount of time it can be delayed?

A

Can be delayed for up to 36 hours with the same criteria used as when delaying access to legal advice, except an inspector can authorise delay.

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9
Q

What is the maximum time limit an individual can be detained without charge?

A

24 hours from ARRIVAL AT POLICE STATION
- unless extensions = granted.

Note - not time of arrest!

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10
Q

What are the four criteria for the first 12 hour custody extension?

A
  1. Suspect is arrested for Indictable only or either way offence.
  2. Superintendent or above has authorised
  3. Reasonable grounds to believe that further detention is necessary to secure/preserve/obtain evidence
  4. Investigation is being conducted diligently and expeditiously
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11
Q

When and how is a warrant extending detention period necessary?

A

Nedd to make an application to Magistrates Court is needed.(72 hours total)
* Two applications can be made (each extention cannot exceed total 36 hours)
* Total period D can be detained is 96 hours (72 hours from mags + 36 hours (24 hrs standard time + 12 hrs extention))

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12
Q

In what three situations must an identification procedure be held?

A
  1. Witness has identified or purported to identify a suspect who is not known to them
  2. Witness expresses ability to identify a suspect
  3. Reasonable chance of eyewitness being able to identify a suspect
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13
Q

What are a suspect’s three rights in relation to the conduct of an identification procedure?

A
  1. To have the purpose explained
  2. Free legal advisor and solicitor/friend present
  3. Obligations and consequences of their decisions explained
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14
Q

What two consequences must be explained to a suspect in relation to an identification procedure?

A
  1. Suspect does not have to cooperate, but the procedure can still be conducted covertly and if they fail to cooperate = adverse inference may be drawn.
  2. If between being notified of the procedure and the procedure itself, a suspect changes their appearance, = adverse inference may be drawn
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15
Q

With regard to video identification and identification parades, what conditions must be met?

A
  1. Other participants must resemble suspect in age, height, appearance, and position in life and distinguishing features must be concealed
  2. Suspect must have chance to raise reasonable objections
  3. Witness must be warned that the suspect may not even feature
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16
Q

Four possible objections to the conduct of a video identification or identification procedure

A
  1. Failure to take into account reasonable objections regarding appearance of others
  2. Failure to keep witness away from suspect before or during.
  3. Failure to keep witnesses apart before or during
  4. Failure to warn witness that suspect might not be present
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17
Q

In what situation should a suspect not be interviewed?

A

When they seem unable to appreciate the significance of the questions or answers or understand what is happening, due to intoxication or any other incapacity

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18
Q

What is a custody record which a solicitor will review when advising a suspect?

A

A log of the suspect’s time in detention maintained by the custody officer

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19
Q

Do the police have a duty to provide the solicitor with any evidence?

A

No, but they must provide enough detail for the solicitor to understand the nature of the offence and the reasons why the suspect is under suspicion

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20
Q

What is the warning that must be given when being advised of the right to remain silent?

A

That if a suspect fails to mention in an interview something that they could reasonably have been expected to mention, an adverse inference may be drawn by the court

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21
Q

What is a special caution, and what will trigger the requirement for one?

A

If suspect was at the scene of the offence, or had an object, substance, or mark on their person at the time of arrest, they must be cautioned regarding what offence is being investigated and that an adverse inference may be drawn if they fail to give an explanation for their presence or the object, mark, or substance

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22
Q

In addition to answering questions and declining to answer, a suspect can give a handwritten statement. What is the benefit of this?

A
  1. Allows suspect to give an account of events, in a manner that prevents adverse inference from being drawn (ie. by staying silent).
  2. Prevents further police questioning in way that may lead suspect to reveal more than they wish to.
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23
Q

Who is a vulnerable suspect under PACE?

A

Minors and those with mental disorders or other vulnerabilities

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24
Q

What safeguard is absolutely required when a suspect is deemed vulnerable?

A

Access to an appropriate adult who is not affiliated with the police, taking into account the wishes of the suspect

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25
Q

What things will be considered oppression or inducement?

A

Oppression: Too many officers in the room, improper heating, light, and ventilation.

Inducement: Promises of anything, including just a warning, if they confess

26
Q

What could a solicitor be removed from an interview for doing, and who must authorise this?

A

A superintendent and above can authorise a solicitor be removed from an interview if they obstruct the interview

27
Q

Who has access to the custody record?

A
  • Suspect or his solicitor, and the appropriate adult = right to inspect it at any time during detention.
  • Copy of the record can be obtained up to 12 months following release.
28
Q

What other key role does the custody officer at the time of booking?

A

Decides whether, based on case presented by investigative officer, there is sufficient evidence to charge suspect with offence.

If not, then must justify under reasonable grounds why detention is necessary -
(a) preserve and secure evidence; or
(b) to obtain such evidence by questioning.

29
Q

What are the three key rights of a detainee?

A

1) ) Right to legal advice (s.58)

2) Right to have someone informed about their arrest.

3) Periodical reviews of detention

30
Q

What steps should police undertake if a suspect declines legal advice?

A

Police must ask why and reasons must be noted in custody record.

  • D must be informed, if not already, that such right includes a phone consultation.
  • A suspect can change their mind anytime.
31
Q

What procedure must be followed to delay detainee’s right to inform someone about arrest?

A

Approved by PO at least the rank of INSPECTOR (one grade lower than superintendent).
D must have been arrested for an indictable offence

AND
Have reasonable grounds that notifying individual could:
1) interfere or harm evidence connected with offence or other persons.
2) Tip-off other suspects, not yet apprehended.
3) hindering property’s recovery.

32
Q

If detainee is denied right to contact particular person about their arrest, are they entitled to pick someone else?

A

No specific provision allowing for this (cf. access to legal advice, where should be given chance to pick someone else)

33
Q

How long can the right to notify someone about arrest be delayed?

A

Up to 36 hours from time of arrest.

34
Q

How long can police delay a suspect’s release (w/out court order)?

A

12 hours

Only be detained = 36 hours w/out court order

35
Q

After how long must the first review of a suspect’s detention take place?

A

6 hours after detention = AUTHORISED!
- not same metric as one to calculate how long D = detained.

36
Q

What is the purpose of detention review, and what are the relevant procedures?

A

Review officer, at least rank of INSPECTOR, determines whether the suspect’s continued detention is still justified.

  • Consult with the investigative officer to determine what documents and materials are essential for challenging lawfulness of arrest and detention. Must be made available to D.
  • D and his solicitor (and if applicable, an appropriate adult), must be allowed to make submissions - either orally or in written form about the arrest.
37
Q

What is the role of an appropriate adult?

A
  • ensure D understands what is happening and why they have been arrested.
  • support/advice
  • observe whether police are treating D fairly and properly.
  • safeguard D’s rights.
38
Q

Who is barred from acting as an appropriate adult?

A
  • suspect in same crime
  • victim or witness in same crime
  • anyone involved in the investigation
  • police officer
  • someone with low IQ + inability to understand gravity of situtation
  • Estranged parent that D does not want to see.
  • Someone that has received admissions (aka confession) from D before acting as appropriate adult/arrest.
  • Solicitor acting for D
39
Q

Can a child/vulnerable adult be interviewed or asked to provide a written statement without presence of an appropriate adult there?

A

NO!

40
Q

What are adverse inferences and when can these be drawn?

A

negative conclusion that prosecutors can draw in three scenarios:

(1) D relies on fact at trial that should have reasonably mentioned earlier.
- must have been cautioned and interviewed by constable. (s.34)

(2) D fails to account for mark, object, or substance.
- given special warning. (s.36)

(3) Failure to account for presence at the scene.
- given special warning. (s.37)

(4) Failure to testify at trial (s.35)

Interview by constable suffices to allow for adverse inferences to be drawn.

41
Q

What is the distinction between a caution and special warning?

A
  1. Special warning/caution = fact-specific (related to adverse inferences)
  2. Caution = generic statement (ie. right to remain silent)
42
Q

Can adverse be drawn even where suspect has been denied access to legal advice?

A

No
(cf. cases where they unilaterally/freely decline legal advice)

43
Q

When can a suspect not be interviewed?

A

If they are unable to:

1) appreciate significance of questions asked and their answers; or

2) understand what is going on due to the effects of drugs, drink, illness, ailment, or condition (Argent factors).

P.O at least rank of superintendent can authorise interview regardless.

44
Q

What court procedure must be followed for Magistrate’s Court to grant an extension for a suspect’s detention?

A

Section 43 of PACE
1. suspect must be present in court
2. extending suspect’s detention is necessary to preserve evidence relating to an offence for which they are under arrest or to obtain such evidence by questioning them
3. Satisfied that investigation is being carried out diligently and expeditiously

45
Q

When is an identification procedure not necessary?

A
  • suspect admits to being at scene of crime and gives account that does not contradict eye-witnesses’
  • not disputed that suspect is already known to eye-witness.
46
Q

Video identification procedure

A

election of images on a screen, including an image of suspect

47
Q

Identification parade

A

suspect lined up within others that look similar

48
Q

Procedure for carrying out video identification procedure

A
  • images must include suspect and at least eight other people resembling suspect in age, height, general appears, and position in life.
  • unusual features of suspect should be either concealed or replicated on other participants (ie. scar/tattoos).
  • suspect must be given reasonable opportunity to see completed set of images before they are shown to eyewitnesses.
  • if suspect has reasonable objection to the set of images or any participants, suspect shall be asked to state reasons for objections, and if practicable, steps should be taken to address these.
49
Q

Procedure for identification parade

A
  • take place in normal room or one with one-way screen to allow witnesses not to be seen by participants.
  • consist of at least other people resembling suspect in age, height, general appears, and position in life.
  • unusual features of suspect should be either concealed or replicated on other participants (ie. scar/tattoos).
  • Before allowing witness to hear any parade member speak, move, or adopt any specific posture, should first be asked whether they can identify any person on basis of appearance only.
50
Q

Procedure when cautioning juvenile/vulnerable adult

A

if cautioned in absence of appropriate adult, the caution must be repeated in the appropriate adult’s presence.

51
Q

How will court weight up whether an adverse inference should be drawn in cases where suspect remained silent on solicitor’s advice, and later relies on unmentioned fact at trial?

A

Consider whether suspect genuinely and reasonably relied on the advice of their solicitor to remain silent.
- If satisfied = no adverse inferences may be drawn.

52
Q

Preliminary steps interviewing officer must take when interviewing suspect

A
  1. caution suspect
  2. remind suspect they are entitled to legal advice
  3. put to suspect any ‘significant statement’ or ‘significant silent’ which occurred in police officer’s presence/overheard prior to start of interview.
    .
53
Q

Where must a suspect be interviewed?

A
  • At the police station

Exception
- where delay would interference or harm evidence/persons.
- Tip-off other suspects
- Hinder recovery of property.

54
Q

What information must the police disclose to a suspect, or if represented, their solicitor, before they can be interviewed?

A
  • sufficient information to understand nature of alleged offence + why they have reason to believe S is implicated.
55
Q

When interviewing vulnerable suspects and minors, what are the additional safeguards police must comply with?

A
  • cannot interview or ask them to provide written statement in the absence of an AA.

Exceptions
1. delay = likely to harm evidence; other people; or lead to serious loss/damage to property.
2. Superintendent is satisfied it would not significantly harm suspect’s mental/physical wellbeing.

56
Q

Can a minor/vulnerable adult consult with a solicitor before arrival of the AA at the police station?

A

Yes, a juvenile or someone who is mentally disordered who requests legal advice should not have that right delayed until an appropriate adult arrives

57
Q

What three steps should be taken where a suspect declines legal advice?

A

Make sure suspect’s reasons are recorded on the custody record, contact their solicitor (if they already instructed one), and provide authority in writing for the interview to proceed.
- inspector can provide written authority.

58
Q

At what point does the 24-hour timeclock for detention start, and how is this different where the suspect is arrested before arriving at the police station versus where they attend voluntarily?

A

Arrives at a police station under arrest = begins on arrival at P.S.

Attending a police station voluntarily = begins when arrested.

59
Q

When will a suspect’s consultation with a duty solicitor be limited to telephone advice?

A

Legal advice will be by telephone if a detainee is:
* detained for a non-imprisonable offence,
* arrested for failing to appear and being held for production before the court
* arrested for a suspected DUI, or
* detained in relation to breach of bail conditions.

60
Q

How should a solicitor advise their client regarding answering questions in a police interview where no incriminating evidence has been disclosed?

A

A prepared statement does not necessarily prevent an adverse inference being drawn, so where the police has no evidence against a suspect, the best course of action is to give no comment answers when interviewed.

  • Lack of disclosure by police suggests that silence is the best course at this stage