1.6 A suspect's rights Flashcards
What four ‘continuing’ rights must a custody officer tell an arrested person about on their arrival at the police station?
COP C 3.1
(i) their right to consult privately with a solicitor and that free independent legal
advice is available as in section 6;
(ii) their right to have someone informed of their arrest as in section 5;
(iii) their right to consult the Codes of Practice (see Note 3D); and
(iv) if applicable, their right to interpretation and translation.
When can an arrested person request legal advice?
Section 58(1) PACE
A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.
COP C 6.1
Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available.
What can custody sergeants not say to arrested persons about their right to legal advice?
COP C 6.4
No police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with this Code, whether or not they have been arrested and are detained, from obtaining legal advice.
Who can authorise delaying access to legal advice and for what offences?
Section 58(6) PACE and COP C Annex B
Superintendents and above and for indictable offences only.
Under what circumstances can an arrested person’s access to legal advice be delayed?
Section 58(8) PACE and COP C Annex B
The superintendent has reasonable grounds to believe that the exercise of the right will lead to any or all of the following consequences:
• interference with/harm to evidence connected with an indictable offence;
• interference with/harm to others;
• alerting of other people suspected of committing an indictable offence but not yet arrested for it; and /or
• hinder the recovery of property obtained in consequence of the commission of such an offence.
Section (8A) PACE
An officer may also authorise delay where he has reasonable grounds for believing that—
(a)
the person detained for the indictable offence has benefited from his criminal conduct, and
(b)
the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
How long can access to legal advice be delayed?
Section 58(5) The arrested person must be permitted to consult a solicitor within 36 hours from the relevant time.
Do arrested persons have the right to a phone call?
No.
Section 56(1) PACE - Right to have someone informed when arrested
An arrested person has the right to have a friend, relative or other person notified that they are under arrest as soon as practicable.
[The right can be exercised every time the suspect is taken to a different police station.
The custody officer must inform the suspect of this right (Code C, para. 3.1(i)), and ask him whether he wishes to exercise it (para. 3.5(a)(iii)).]
Who can authorise delay in notifying someone of the arrest and for what offences?
Section 56(2) PACE
Delay is only permitted—
(a)
in the case of a person who is in police detention for an indictable offence; and
(b)
if an officer of at least the rank of inspector authorises it.
Under what circumstances can an arrested person’s right to notify someone of their arrest be delayed?
Section 56 PACE
(5)
An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—
(a)
will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b)
will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c)
will hinder the recovery of any property obtained as a result of such an offence.
(5A)
An officer may also authorise delay where he has reasonable grounds for believing that—
(a)
the person detained for the indictable offence has benefited from his criminal conduct, and
(b)
the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
Who is entitled to be accompanied by an appropriate adult?
COP C 3.21A(c)
If a person is, or appears to be, under 18, they must have an appropriate adult present at the police station.
COP C 1.4
The right to an appropriate adult also applies to anyone whom a police officer suspects may be:
- mentally disordered or otherwise mentally vulnerable;
- anyone whom an officer has been told in good faith may be mentally disordered or otherwise mentally vulnerable.
Who can act as an appropriate adult for a juvenile?
COP C 1.7(a)
For young detainees:
• a parent; or
• a guardian; or
For young persons looked after under the Children Act 1989:
• a representative of the care authority or voluntary organisation; or
• a social worker.
Failing these, any person aged 18 or over who is not a police officer or police employee suffices.
Who can act as an appropriate adult for vulnerable persons?
COP C 1.7(b)
For mentally disordered or otherwise mentally vulnerable persons:
- a parent; or
- a guardian; or
- a relative; or
- someone who has experience in dealing with such persons.
The appropriate adult must be 18 or over and must not be a police officer or police employee.
Who cannot act as an appropriate adult?
COP C Notes for Guidance 1B-1G
A solicitor/ legal representative attending the police station for the suspect.
Anyone who is:
a)
suspected of involvement in the offence;
b)
the victim of, or a witness to, the offence;
c)
involved in the investigation;
d)
a person who has received admissions from the person detained before acting as appropriate adult;
e)
of low IQ and unable to appreciate the gravity of the situation; or
f)
an estranged parent whom an arrested juvenile does wish to attend and specifically objects to.
What is the role of an appropriate adult?
COP C 1.7A
a)
ensure that the detained person understands what is happening and why;
b)
support, advise and assist the detained person;
c)
observe whether the police are acting properly and fairly and to intervene if they are not;
d)
assist with communication between the detained person and the police; and
e)
ensure that the detained person understands their rights and that those rights are protected and respected.
When can a police station interview with a young or mentally disordered or vulnerable detainee proceed without an appropriate adult?
COP C 11.18(a)
Only if -
• authorised by a superintendent or above;
• who is satisfied that it would not significantly harm the person’s physical or mental state;
• in exceptional circumstances.
And delay would be likely to lead to:
- interference with or harm to evidence connected with an offence;
- interference with or physical harm to other people;
- serious loss of or damage to property;
- alerting other suspects not yet arrested; or
- hindering the recovery of property obtained in consequence of commission of the offence.
