Advising Clients About the Procedure and Processes at Police Stations

Question 1

Explain basic role of custody officer.

Answer 1

Person who authorises the detention of D;

In charge of supervising D’s welfare whilst in police custody;

They are usually holding rank of sergent and should not be involved in the investigation of the offence.

Question 1

What does Paragraph 2.1A of the Code of Practice to PACE for the Detention, Treatment and Questioning of Persons by Police Officer (Code C)?

Answer 1

The D should be brought in front of the custody officer as soon as practicable.

Question 2

List the initial steps the custody officer should take.

Answer 2

• Time of suspects arrival and arrest;
• Name, address phone number and DOB of suspect;
• Offence they are arrested of and why arresting officer considered it necessary to arrest the suspect;
• Reason why the suspect’s ongoing detention at police station has been authorised;
• Details of property suspect has on their person, and details of medical conditions they suffer from;
• Confirmation suspect has been given details of their rights whilst detained, and whether they have requested legal advice from a solicitor

Question 3

What is a detention log?

Answer 3

Record of all the significant events that occur whilst the suspect is in police custody.

Question 4

Explain how detained people are searched.

Answer 4

• CO must find out what suspect has on their person (and make a record of these items).
• CO therefore must authorise search of the suspect, to the extent deemed necessary to ascertain the items they have on their person;

Question 5

Explain custody officer powers to seize items the suspect has on their person (para 4.2 of Code C).

Answer 5

Clothing and personal items can be seized if CO has reasonable grounds to believe they can be used as evidence, or if suspect may use them to:

a) cause physical injury to themselves or others;
b) cause damage to property;
c) interfere with evidence;
d) assist their escape

Question 6

According to paragraph 3.4 of Code C, the custody officer should…

Answer 6

Note down in records any comments made by the suspect in relation to the account given by the arresting officer, and should not put any questions to the suspect about their involvement in the suspected offence.

Question 7

Where there is no sufficient evidence to charge the suspect straight away, the suspect should be released (either with or without bail). Name the two exceptions to this.

Answer 7

Suspect should be released with or without bail unless:

1) CO has reasonable grounds to believe detaining suspect without charge is necessary to secure or preserve evidence relating to the offence for which they are under arrest; or

2) its necessary to obtain further evidence by questioning.

Question 8

Detention of suspect without charge to secure or preserve evidence - why is this sometimes necessary?

Answer 8

1) Sometimes necessary where police want to carry out search of suspects premises or if they are still looking for evidence (preventing any evidence being hidden or destroyed); or

2) They are waiting to obtain some form of identification of the suspect.

Question 9

s39 of Police and Criminal Evidence Act 1984 (PACE) provides that custody officer’s should release a suspect when…

Answer 9

They become aware at any time that the ground on which a suspect’s detention was authorised have ceased to apply.

Question 10

List the requirements of detention and the detention cell in accordance with paragraphs 8 and 9 of Code C.

Answer 10

• must be adequately heated, cleaned, ventilated and lit;
• bedding supplied must be of a reasonable standard and in a clean and sanitary condition;
• suspect must be provided with toilet and washing facilities;
• suspect must be offered two light meals and one main meal in any 24 hour period;
• drinks should be provided with meals, and upon reasonable request between meals;
• suspect should be offered brief outdoor exercise daily (only if practicable);
• suspects should be visited in their cell at least one per hour;
• if noticed suspect is unwell or injured, CO must ensure they receive appropriate clinical attention as soon as reasonably practicable.

Question 11

List rights a suspect has to be informed of regarding their arrest.

Answer 11

• right to have someone informed of their arrest;
• right to privately consult a solicitor;
• right to see the Codes of Practice.

Question 12

Explain a suspect’s right to legal advice.

Answer 12

Suspect who is detained and arrested has right to receive free and independent legal advice, and should be allowed to consult the solicitor as soon as reasonably practicable.

Unless suspect is paying, the police should then inform the Defence Solicitor Call Centre who will decide whether legal advice can be given adequately on the phone, or if a solicitor needs to attend in person.

Question 13

True of False: A suspect speaking to their own solicitor (which they are paying for) may be required to pay for the phone calls.

Answer 13

True.

Question 14

True or False: suspect must be informed of their solicitor’s arrival at the police station regardless of whether they are being interviewed at the time.

Answer 14

True.

Question 15

Explain the duty on police officers’ under para 6.4 of Code C, not to dissuade the suspect from obtaining legal advice.

Answer 15

No police officer or staff should indicate to any suspect that the period for which he is liable to be detained/ time to complete interview, will be reduced:

a) if they do not ask for legal advice or do not want a solicitor present when they are; or
b) if they have asked for legal advice or… asked for a solicitor to be present when they are interviewed but change their mind and agree to be interviewed without waiting for a solicitor.

Question 16

Explain police powers to delay suspect’s right to legal advice (s58(5) - s58(7)).

Answer 16

The delay can only be authorised if officer believes the exercise of right to legal advice at that specific time will:

a) lead to interference with, or harm to, evidence connected with indictable offence, or interference with physical injury to others;
b) lead to alerting of other persons suspected of having committed such an offence (who have not been arrested);
c) hinder recovery of property obtained as a result of such an offence.

The delay:
- has to be authorised by an officer of rank of at least superintendent;
- maximum of 36 hour delay;
- can only be authorised if suspect is arrested for an indictable offence;
- authorisation of this delay must be confirmed in writing as soon as practicable;

Question 17

Explain police powers to delay suspect’s right to inform another of their detention (s56).

Answer 17

Police can do so, if authorised by someone with rank of at least inspector, and can do so for a maximum of 36 hours (and it must be confirmed in writing). they may only do so if they have reaonsable ground believing telling the named person of the arrest will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons;
(b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) hinder the recovery of any property obtained as a result of such an offence (s 56(5)).

Question 18

Define the relevant time for the purposes of PACE 1984.

Answer 18

The relevant time is determined as follows:

a) someone attends station voluntarily who is then arrested - relevant time is time of their arrest;
b) person who attends station in response to street bail - relevant time is the time they arrive at the station;
c) person who is arrested away from station - the relevant time is the time they arrive at the police station.

Question 19

Define the max amount of time a suspect can be detained without charge.

Answer 19

24 hours from the relevant time.

Question 20

List the conditions where police may extend the max period of detention from 24 hours to 36 hours.

Answer 20

If superintendent has reasonable ground to believe:
a) detention of suspect without charge is necessary to secure or preserve evidence relating to offence they are under arrest for, or to obtain the evidence by questioning;
b) offences is an indictable offence (ie an either way or indictable offence); and
c) investigation is being carried out diligently and expeditiously.

Question 21

In addition to the max 36 hours (if extended), explain how a further 36 hours detention time can be obtained.

Answer 21

Magistrate can grant further extension of up to 36 hours if:

a) suspect’s detention without charge is necessary to preserve or secure evidence relating to the offence of which they are under arrest (or to obtain such evidence by questioning them);

b) the investigation is being conducted diligently and expeditiously (s43(4)).

This warrant can then be extended further by another application to the magistrate court, and will only be granted by magistrates if the above is satisfied and they further believe a further detention is justified. This extra extension is given at courts discretion but cannot be longer than:

a) 36 hours; or
b) end later than 96 hours after the relevant time.

Question 22

Explain detention reviews.

Answer 22

In addition to time limits, police must priorly review suspect’s detention to see that the original grounds for the detention are still valid. This is a mandatory requirement and if reviews are not carried out, detention after this time will be unlawful and will amount to the tort of false imprisonment.

First review must take place no later than 6 hours after initial authorisation of detention (not 6 hours after they arrive). Second review must be no later than 9 hours after first review. Subsequent reviews must be at intervals of no more than 9 hours for remaining detention time.

Question 23

Detention reviews are carried out by a review officer. What rank must a review officer hold and are there any other requirements needed for this?

Answer 23

Review officer must be at least rank of inspector and must not be directly involved in the investigation.

Question 24

Explain volunteer rights (s29).

Answer 24

Volunteer is someone who voluntarily attends police station.

They are free to leave at any time unless arrested and do not have to attend. Volunteer can also request a friend/ solicitor to be present during questioning.

Question 25

List reasons why it is vital solicitor speaks to investigation officer.

Answer 25

1) disclosure (facts of the offence and the evidence supporting those facts);
2) significant statements and/or silence;
3) next steps investigation officer proposes to take.

Question 26

In relation to disclosure, investigating officer will usually provide the solicitor with what info?

Answer 26

1) witness statements;
2) disclosure statement summarising all witness statements and evidence they have obtained.

Question 27

If the investigating officer fails to provide sufficient info of evidence during disclosure to the solicitor, what can the solicitor do?

Answer 27

Inform the investigating officer that this is likely to affect their advice to the client with regards to answering questions in interviews. Code C affirms that the solicitor should be given sufficient information about the case against their client prior to interviews.

Question 28

Explain solicitor’s right to info about significant statements.

Answer 28

Solicitor must be told whether their client has made any significant statements (or silence) in the presence of a police officer (as this will likely be referenced in the interview).

Question 29

List process solicitor will take the client through in their first meeting.

Answer 29

1) Identification - sol will identify themself and confirm they are providing free, independent legal advice, for the advancement of their rights. They will also specify they have a duty of confidentiality to the client;

2) Details of alleged offence - sol will give client details of info they receive from investigating officer. they will also advise on substantive law and what the police need to prove in order to obtain a conviction for the offence.

3) Client Instructions - sol wiki obtain client’s version of events. this should be as detailed as possible within the time frame. This should be recorded (in writing).

4) Next Steps - sol just advise client as to hat the next steps in police investigation are likely to be. Most likely this will be an audio recorded interview with the investigating officer.

5) Prepare client for interview - this involves:
a) advising client on whether or not to answer questions;
b) preparing a witness statement on client’s behalf (especially where no comment interview is being given this will provide a record of the suspect’s version of events).
c) advising client how interview is to be conducted by police;
d) advising client the role sol will play in interview.

Question 30

List 4 options client will have in interview.

Answer 30

1) No comment;
2) Answer all questions;
3) Selective silence;
4) No comment (but either before being charged or during the interview hand the investigating officer the written witness statement and decline to make any further comment).

Question 31

List the advantages of answering all questions in interview.

Answer 31

• Allows client to put their version of events on record (crucial if they are relying on a defence which places evidential burden on them such as self-defence or an alibi).
• if clients defence is strong and client comes across well, police may decide not to pursue the case further;
• can be used at trial to show they have had consistent defence throughout;
  ensures that at trial, the court/ jury are less likely to make inferences as to client’s guilt by refusal to cooperate for instance;
• if client is admitting guilt, it is also beneficial to state this as early as possible (may lead to less severe punishment/ caution depending on the offence).

Question 32

List the disadvantages of a client answering questions in full during initial police interview.

Answer 32

• client may say something incriminating;
• client may contradict themselves or elements of evidence the police have obtained;
• if client is charged and pleads not guilty, transcript of the interview will be read out at court. Any contradictory comments/ emotional comments made may subsequently undermine the client’s credibility in front of jury/ magistrates;
• if police have withheld elements of evidence they wish to use to try and ambush client during interview, answering full questions may be risky - sol must therefore ensure that if client is answering questions in full, that they have full details of all evidence;

Question 33

List advantages of client remaining silent (ie no comment) in police interview.

Answer 33

• no danger of self incrimination;
• if case against client is weak and police want them to incriminate thyself this can be a good option and may lead to a release without charge;

Question 33

List disadvantages of no comment (silent) interview.

Answer 33

• jury/ magistrates may draw adverse inferences (section 34-37 CJPOA 1994) from client’s decision not to speak if they are later taken to trial by pleading not guilty;
• if client fails to answer police questions and then later raises a defence at trial, the jury/court are entitled to conclude the defence is a sham and was fabricated after leaving the police station in attempt to get their story straight .

Question 34

List reasons why a solicitor may advise client to give a no comment interview.

Answer 34

• client admits their guilt to sol and sol thinks police evidence is weak (if the evidence is weak then the client may incriminate themselves where if they had said nothing they could have been released;
• sol considers police have not provided adequate disclosure of evidence obtained against the client (and this results in sol not being able to properly advise their client);
• client denies involvement in the offence and police do not currently have sufficient evidence to charge them (additional comments made by client may lead to police obtaining evidence they can use to charge them);
• client is physically or mentally unfit to be interviewed, leading to solicitor thinking client cannot give accurate or good account of events/ responses to tricky questions;
• client is likely to perform badly in interview due to age, immaturity, vulnerability, inexperience, disability;
• facts are complex and the alleged incident happened so long ago it is not reasonable to expect alien to recall specific facts or evidence in response to allegations against them;
• the client does not have a viable defence;
• client has good reason for remaining silent, as talking may lead to revelation of an embarrassing thing (eg client was having affair at the time alleged incident took place but does not want their partner finding out).

Question 35

If client is going to conduct no comment interview the solicitor must advise the client that…

Answer 35

court or jury may be entitled to draw adverse inferences against them and their defence .

Question 36

Why should a solicitor not advise client to give a selective silence interview?

Answer 36

It comes across very badly if transcript is read out in court. It shows client was willing to answer some questions but did no answer difficult questions therefore implying they have something to hide, thus undermining their potential defence.

Question 37

Explain importance of witness statements given by clients.

Answer 37

• places client’s version of events on the record, which may avoid adverse inferences being drawn at trial (especially if solicitor thinks the client may perform badly during the interview);
• likely to be useful if client is young, vulnerable, emotional or has never been arrested before;
• witness statement will be read out and handed to the police either during the interview or after the interview before the client is charged.

Question 38

What is the benefit of waiting to give witness statement to the police until they are about to charge client?

Answer 38

If solicitor feels the police case is particularly weak, this is the best option as handing the statement in earlier may give police extra info that strengthens the case against the client.

Question 38

what should a client witness statement contain?

Answer 38

• Set out all the facts/ defence of the client in a clear logical way (and include all facts solicitor may rely on in their defence during the trial), which may prevent adverse inferences being drawn;
• Solicitor must ensure this accounts for all questions/ matters the police may ask about in the interview, and which may at trial be subject to adverse inference.
• Statement should say no more than necessary to prevent the drawing of adverse inferences, although it may need updating as further disclosure from the police about new evidence is obtained.

Question 39

Why may a solicitor choose to keep hold of a witness statement for their file and not give this to the police?

Answer 39

where solicitor feels client has not given accurate info to them, or it would not reasonably hold up to questioning/ they think more evidence will come out. This does not however prevent adverse inferences, as if the statement is produced at a later stage it may lead a jury to think it has been fabricated.

Question 40

List the investigative powers of the investigating officer.

Answer 40

• carrying out recorded interview;
• arranging identification procedure to be conducted by an officer to see if witnesses/ victim is able to identify suspect;
• taking fingerprints from suspect, seeing if these match with those found crime scene;
• taking sampled from suspect to see if they match samples obtained during course of investigation.

Question 41

List the requirements (under Code C and Code E) which must be complied with when conducting an interview of detained suspect.

Answer 41

• if recording is on disc/ usb, the tape must be sealed in front of the suspect. The seal is only broken if opened at trial, and there is a dispute about what was said.
• there are usually 2/3 tapes containing the interview, one of which will be used by police (working copy) to prepare a written transcript of the interview if suspect is charged;
• some police forces give the suspect a tape of the interview also.

Question 41

Para 11.18 of Code C provides two reasons where suspect should not be interviewed. What are these reasons?

Answer 41

1) where the suspect appears not to appreciate the seriousness/ significance of questions or their answers; and
2) where suspect appears not understand hat is happening because of effect of drink, drugs, illness or condition (although limited exceptions here if interview is needed to be held as a matter of urgency). 444

Question 42

What caution is the police officer conducting interview supposed to give a client?

Answer 42

You do not have to say anything. But it may harm your defence if you do not mention
when questioned something which you later rely on in court. Anything you do say may
be given in evidence.

Question 43

What three things must interviewing officer say to suspect at the start of the interview?

Answer 43

1) caution (ie right to remain silent and anything they do say can be given in evidence);
2) continuing right to legal advice (this must be reiterated to suspect regardless of whether they have a solicitor present in the interview).;
3) significant statements and silences - officer must put to suspect any significant statement or silence which has previously been made by suspect and ask whether they confirm or deny that statement or silence.

Question 44

Define significant statement for the purposes of suspect interviews.

Answer 44

Statement which appears capable of being used in evidence against the suspect at trial (eg in particular a direct admission of guilt).

Question 45

Define significant silence for the purposes of suspect interviews.

Answer 45

Failure or refusal to answer a question (or to answer a question unsatisfactorily)when under caution which may allow the court/ jury to draw adverse influences from that silence at trial.

Question 46

Code C states no interviewer should obtain answers to questions from a suspect through oppression. List what is defined as oppression.

Answer 46

Interviewer mut not:
1) raise voice or shout at suspect;
2) make threatening gestures towards suspect;
3) get in their face (eg by leaning over to them);
4) stand over or behind the suspect; or
5) threaten to detain suspect indefinitely unless they confess.

Also they are not allowed to make threats to suspect about what actions the police may take.

Question 46

What rights to breaks does a suspect have where an interview has taken place over more than one day?

Answer 46

In any period of 24 hours the suspect must be given at least 8 hours of rest.

Question 47

True or False: The interview may be stopped at any time if the client requires further legal advice from the solicitor.

Answer 47

True.

The client should be told that they can ask for the interview to be stopped
for this purpose, or the solicitor may intervene of their own volition to suggest that the interview be stopped so they can give further advice to the client.

Question 47

List three things police may say to try and get a silent (no comment) suspect to talk.

Answer 47

1) asking innocuous questions unrelated to the case;
2) alienate client from solicitor suggesting the advice they have received is incorrect;
3) warn the client that adverse consequences may arise if they do not talk.

client should be advised to ignore such tactics and maintain their silence.

Question 48

Can police force solicitor to sit behind a client during the interview?

Answer 48

No. They must be able to make eye contact.

Question 48

In what circumstances can a solicitor intervene in an interview of the suspect?

Answer 48

• to seek clarification;
• to challenge improper questions (or the manner in which it is put);
• advise client not to reply to a question; or
• to request a break t provide client with further legal advice.

Question 49

When can a solicitor be removed from an interview?

Answer 49

Under paragraph 6D - if solicitor is engaging in unacceptable conduct they can be removed. this includes answer gin questions for their client, or writing down answers for the client to read out.

Question 50

Give the non-exhaustive list of stations when a solicitor can intervene in a client interview.

Answer 50

• The solicitor is unhappy about the seating arrangements for the interview.
• The police are acting in an oppressive manner.
• The police are asking inappropriate questions because they are:
  a) irrelevant questions
  b) making a statement/ asserting facts
  c) misrepresenting the law
  d) misrepresenting the strength of the case against the client
  e) ‘upgrading’ a response from the client/ putting words in the client’s mouth/ making
  assumptions
  f) hypothetical/ speculative questions.
• The police make threats/ give legal advice on the consequences of silence.
• The police offer inducements.
• There is reference to a client’s previous convictions.
• New information is introduced that was not disclosed earlier.
• The police ask the client if they would be prepared to take part in further investigative procedures before the solicitor has been able to give the client advice on this.
• The solicitor is concerned about the client’s behaviour or conduct.
• The client is making comments that may have adverse consequences later in the case.
• The police provide an inaccurate summary by the interviewing officer.
• There is already sufficient evidence to charge.

Question 51

How can a solicitor be ejected from a suspect interview?

Answer 51

If their conduct is stopping proper questions being asked or interrupting the process in an unacceptable manner (eg answering questions for the client, stopping the interview being recorded). Interviewing officer can atop the interview, but just ask an officer of at least the rank of super intendant to review the fact. They must then speak with the solicitor and decide if they should be ejected. The client must however be given the right to consult another solicitor (a the opportunity for them to be present before the interview resumes).

Question 52

If a client tells a solicitor they are guilty, but intends to deny their guilt, can a solicitor act?

Answer 52

No. They can only attend the interview with the client and act for them provided they answer no comment (as this would not be giving false information to the police).

Question 53

If a solicitor has to decline to act because the client is going to be giving false information, can the solicitor tell the police this is the reason?

Answer 53

No. They still owe a duty of confidentiality to the client and therefore cannot tell the police this is why they are no longer acting for the client.

Question 54

What should a solicitor say to the custody officer if they are ceasing to act for a client due to a conflict of interest?

Answer 54

That they are no longer acting for professional reasons.

Question 55

Can a solicitor act for two clients accused of the same offence?

Answer 55

Only if there is no conflict or significant risk of one. this is unlikely to be the case in practice, especially if they are advised by one client they only had a minor part to play in the offence and the other co-defendant is the main culprit.

Question 56

How long after the time of detention should the first detention review be held?

Answer 56

6 hours after the custody officer has authorised the suspects detention.

Question 56

Can a suspect waive their right to have legal representation present in an interview and proceed with the interview without such representation?

Answer 56

Yes where:
- the suspect has given their consent in writing and signs this into the custody file record;
- an officer not below the rank of inspector gives their written consent to such and this is signed and placed on the suspects custody file; and
- reasonable efforts must be taken to contact the solicitor (if the change of mind is caused bay a delay of the solicitors attendance).

Question 57

When should a suspect be given a break from an ongoing police interview?

Answer 57

Once every two hours at the latest. Should the interview be going on for 24 hours in this fashion, that are required a full 8 hour rest break.

Question 58

When a solicitor is acting for two clients in connection to the same offence, can the solicitor disclose information between the clients?

Answer 58

Yes provided that:
1) Both of the client’s give their written consent;
2) they are putting forward the same defence; and
3) The solicitor considers it is in their best interests for it to be disclosed (ensuring the consistency of the defences of both clients guards the solicitor against being used to fabricate a defence).

This would only be the case if they have both separately given the same defence. If one had not and the other asked the solicitor to pass the info on to gt their stories straight this would definitely be a breach of the code of conduct by the solicitor (ie being used to fabricate a defence).

Question 59

If a detained suspect requests legal advice, can the interview go ahead without their solicitor in attendance?

Answer 59

The interview cannot go ahead without the solicitor in attendance, unless waiting for the arrival of the solicitor would cause unreasonable delay to the process of the investigation.