A Suspects Rights Flashcards
What are the rights of a detained person?
- Right to consult a solicitor and receive free independent legal advice
- Right to have someone informed of their arrest
- Right to consult the Codes of Practice
What must the custody officer do regarding a detainee’s rights?
- Ensure the detainee understands their rights
- Record the detainee’s response to these rights in the custody record
What is a suspect’s rights regarding a solicitor?
- The right to free and independent legal advice
- The right to consult with a solicitor in person, over the phone, or in writing
When must a detainee be reminded of their right to legal advice?
Before:
* The commencement or recommencement of an interview
* Being asked to provide an intimate sample
* An intimate drug search
* An identification parade or video identification procedure
What happens if a detainee declines legal advice?
- The refusal must be noted
- If they later change their mind, the interview must stop until legal advice is obtained
Can the police delay a suspect’s right to legal advice? How long for?
- Yes, but only in serious circumstances and for up to 36 hours
What conditions must be met to delay legal advice? Who must authorise it?
- The offence must be indictable
- A superintendent must authorise the delay in writing
- There must be reasonable grounds to believe the delay is necessary to:
o Prevent interference with or harm to evidence
o Prevent harm to others
o Prevent alerting other suspects not yet arrested
o Prevent hindering the recovery of stolen property
Can a suspect still see a solicitor if their right to legal advice is delayed?
- Yes, but the police may refuse a specific solicitor if they believe it could interfere with the investigation
- The suspect must then be allowed to choose an alternative solicitor
What is the right to have someone informed of an arrest?
- A detainee can have someone informed every time they are taken to a police station
- The person informed should have an interest in their welfare
Can the right to inform someone of an arrest be delayed? Who can delay?
- Yes, but only in indictable offences
- A police officer of at least the rank of inspector must authorise the delay in writing
What are the grounds for delaying the right to inform someone of an arrest?
- Preventing interference with or harm to evidence
- Preventing harm to others
- Preventing alerting of other suspects
- Preventing hindrance to the recovery of stolen property
How long can the right to inform someone of an arrest be delayed?
- No longer than necessary and never more than 36 hours
Who has the right to an appropriate adult?
- Any detainee under 18
- Anyone who is mentally disordered or mentally vulnerable
- Anyone an officer believes in good faith may be mentally disordered or vulnerable
Who can act as an appropriate adult for a young detainee?
- A parent
- A guardian
- A representative of a care authority or voluntary organisation
- A social worker
Who can act as an appropriate adult for a mentally disordered detainee?
- A parent
- A guardian
- A relative
- Someone experienced in working with vulnerable persons
Who cannot act as an appropriate adult?
- A solicitor
- A suspect or anyone involved in the offence
- A victim or witness
- Anyone involved in the investigation
- A person who received admissions from the detainee before acting as an appropriate adult
- Someone with a low IQ who cannot appreciate the seriousness of the situation
- An estranged parent whom the juvenile objects to attending
- Anyone under 18
What is the role of an appropriate adult?
- Ensure the detained person understands what is happening
- Support, advise, and assist the detainee
- Observe police conduct and intervene if necessary
- Assist with communication between the detainee and the police
- Ensure the detainee understands their rights
- Request a solicitor on behalf of the detainee if needed
When can the police proceed without an appropriate adult?
- Only if delay would result in:
o Interference with evidence
o Harm to others
o Serious loss or damage to property
o Alerting other suspects
o Hindering the recovery of stolen property
What is the right to an interpreter?
- A detainee must not be interviewed without an interpreter if they do not understand English
- If an interview must proceed without an interpreter, a superintendent must authorise it and justify the delay
What conditions must be met for an interview without an interpreter?
- Preventing harm to evidence
- Preventing physical harm to others
- Preventing serious loss or damage to property
What are the physical conditions of detention at the police station? What is right to food?
- No more than one detainee per cell if practicable
- Cells must be adequately heated, cleaned, and ventilated
- Detainees must be provided with bedding
- Toilet and washing facilities must be available
- If clothes are removed, suitable replacements must be provided
- Detainees must receive:
o Two light meals and one main meal every 24 hours
