A Suspect's Rights Flashcards
What are the three key rights of a suspect upon detention at a police station?
A) The right to silence, the right to refuse fingerprints, the right to refuse legal representation
B) The right to be informed of the arrest, the right to an interpreter, the right to refuse a solicitor
C) The right to consult a solicitor, the right to have someone informed of their arrest, the right to consult the Codes of Practice
D) The right to call family members, the right to see a judge, the right to remain in their own clothing
C) The right to consult a solicitor, the right to have someone informed of their arrest, the right to consult the Codes of Practice
Explanation: These rights are enshrined in PACE 1984 and must be provided immediately upon detention.
Who must authorize a delay in a suspect’s right to consult a solicitor?
A) Any police officer involved in the investigation
B) A police officer of at least the rank of superintendent
C) The custody officer
D) The solicitor of the suspect
B) A police officer of at least the rank of superintendent
Explanation: Under PACE 1984 s.58, only a superintendent (or higher) can delay the suspect’s right to legal advice, and this can only occur in exceptional circumstances.
How long can the police delay a suspect’s right to legal advice in an indictable offence case?
A) 12 hours
B) 24 hours
C) 36 hours
D) 48 hours
C) 36 hours
Explanation: Under PACE 1984, the right to legal advice can only be delayed for a maximum of 36 hours, and strict conditions apply.
What is the role of an appropriate adult during police questioning?
A) To provide legal advice to the suspect
B) To physically intervene if the suspect becomes uncooperative
C) To ensure the suspect understands their rights and assist in communication
D) To determine the guilt or innocence of the suspect
C) To ensure the suspect understands their rights and assist in communication
Explanation: An appropriate adult supports vulnerable individuals or juveniles, ensuring they understand their rights and the legal process.
Under what circumstances can a suspect be interviewed without an appropriate adult?
A) If they sign a waiver declining an appropriate adult
B) If delaying the interview would result in serious harm or loss of evidence
C) If the custody officer believes the suspect is faking vulnerability
D) If the suspect has spoken to a solicitor beforehand
B) If delaying the interview would result in serious harm or loss of evidence
Explanation: Under PACE and Code C, police can interview without an appropriate adult only if delaying would risk harm, loss of evidence, or alert co-suspects.
Adam, a 16-year-old, is detained at a police station. He is about to be questioned but does not have a parent or guardian with him. What should happen next?
A) The police can proceed as he is old enough to understand his rights
B) He must have an appropriate adult present before questioning
C) His solicitor can act as an appropriate adult
D) The custody officer can act as an appropriate adult
B) He must have an appropriate adult present before questioning
Explanation: Under PACE 1984, any suspect under 18 must have an appropriate adult present to ensure they understand their rights.
A suspect requests a solicitor, but the police suspect the solicitor might alert accomplices. What should happen?
A) The police can refuse the suspect’s request for a solicitor permanently
B) The police can delay access to that specific solicitor but must allow an alternative solicitor
C) The suspect must choose self-representation
D) The solicitor can only speak to the suspect in front of an officer
B) The police can delay access to that specific solicitor but must allow an alternative solicitor
Explanation: Police can delay access if they believe the solicitor will obstruct justice, but the suspect must still be offered legal representation.
Sarah is arrested for an indictable offence. At 23 hours, the police believe they need more time to question her. What must they do to continue detaining her?
A) Obtain authorization from a superintendent to extend detention to 36 hours
B) Apply to the magistrates’ court for an extension
C) Obtain the custody officer’s approval
D) Automatically extend detention up to 48 hours
A) Obtain authorization from a superintendent to extend detention to 36 hours
Explanation: Under PACE s.42, a superintendent can extend detention up to 36 hours, but beyond this, a magistrates’ court order is required.
Daniel, a suspect in a fraud case, has been in police detention for 38 hours. The police believe they need more time to investigate. What should they do?
A) Automatically detain him for an additional 24 hours
B) Apply to the magistrates’ court for a further detention warrant
C) Release Daniel immediately as 36 hours is the absolute limit
D) Seek authorization from a chief superintendent to extend detention
B) Apply to the magistrates’ court for a further detention warrant
Explanation: Detention beyond 36 hours requires a magistrates’ court warrant and can only be extended up to 96 hours under PACE.
Liam is detained at a police station, and an officer tells him he will not be allowed to inform his family of his arrest for 12 hours. Under what circumstances is this permissible?
A) If the police reasonably believe informing his family could interfere with the investigation
B) If Liam has committed a summary-only offence
C) If Liam has been charged and is awaiting trial
D) If the officer ranks lower than inspector
A) If the police reasonably believe informing his family could interfere with the investigation
Explanation: Under PACE s.56, a police officer (rank of inspector or higher) may delay notification if it risks evidence destruction, alerting suspects, or harming the investigation.
