Advising clients about the processes of the police station Flashcards
What does the custody officer do when the suspect enters the police station?
Authorises the detention
Key information
Detention log
Advises suspects of their rights
Searches and detains suspect;
- evidence
- cause physical harm or injure others
What are the two rights of the suspect?
Right to obtain legal advice
Right to inform someone of their arrest
When can these rights be delayed?
Up to 36 hours
IPAH
Interfere with evidence
Interfere or causes physical harm to others
Alert others suspected of committing the offence who have not been caught
Hinders the recovery of property
Authorised by at least INSPECTOR
Only for indictable offence
Review time limits
After the detention is authorised;
6 hours
15 hours
Within 24 hours - from arrival, must be charged or released
Detention time limits
Depends on if the suspect comes to the police station voluntarily or not
Detention time limit - suspect comes to the police station voluntarily
After the suspect is arrested;
Maximum held for - 24 hours
Detention time limit if suspect is either arrested away from police station/ or street bail:
- Within 24 hours from arrival - must be charged or released unless an officer at least ranking superintendent authorises continued detention (s42)
- Up to 36 hours if magistrates’ court grants an extension
- Within 72 hours from arrival: as above
- Within 96 hours from arrival – D must be charged or released
What possible conduct issues are there?
- Client admits guilt = duty not to mislead the court, withdraw for ‘professional reasons’
- conflict of interest if advising 2 or more suspects who are jointly alleged, disclosure of info to another client
Vulnerable client
- Juveniles
- Suffering from mental health condition/disorder
- Deaf, unable to speak or blind
- cannot understand english
Who can be an appropriate adult?
1) parent/ guardian (or rep from local authority if they in local authority care)
2) if none of them available = a social worker from the local authority
3) contact another responsible adult who is 18+ and not connected to the police
An appropriate adult for a suspect with mental health condition can be:
- a relative, guardian or other person responsible for that person’s care or custody;
- someone experienced in dealing with vulnerable people; or
- other responsible adult.
Who is not an appropriate adult?
- Police or anyone employed by them
- interested party e.g. victim/ another suspect/ potential witness or anyone involved in the investigation
- someone who juvie has made admissions to
- an estranged parent if juvie expressly and specifically objects
