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Criminal Practice > Advising Clients at the Police Station > Flashcards

Advising Clients at the Police Station Flashcards

1
Q

Rank the police officers from lowest to highest

(clues: there’s 9 ranks in total, start and end with ‘C’s)

A
  1. Constable
  2. Sergeant
  3. Inspector
  4. Chief Inspector
  5. Superintendent
  6. Chief Superintendent
  7. Assistant Chief Constable
  8. Deputy Chief Constable
  9. Chief Constable
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2
Q

Which type of people interviewed at a police station are entitled to free, private legal advice any time during detention?

A

All persons

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3
Q

What are the 3 requirements for access to legal advice to be delayed?

A
  1. Suspect arrested on indictable/either way offence
  2. Superintendent or above has authorised delay in writing
  3. Officer has reasonable grounds that the exercise of the right will interfere with evidence, others, alert other suspects, or hinder recovery of property
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4
Q

What is the maximum length of time that access to legal advice can be delayed?

A

36 hours

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5
Q

All persons arrested have the right to have someone _______ of their arrest

A

Informed

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6
Q

What is the maximum length of time that S’s right to someone being informed of their arrest can be delayed?

Who can approve this delay?

A

36 hours

An officer of Inspector rank or above

(remember: Inspector for inform)

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7
Q

Under the basic rule, how long after S has entered a police station can they be kept in custody without being charged?

A

24 hours

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8
Q

Can an extension to the 24 hours of holding a suspect be extended for any offence? Why/why not?

A

No - extensions cannot be authorised for summary only offences

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9
Q

The time in which S can be held without being charged can be extended by how many hours and on which officer’s approval?

A

12 hours

An officer of Superintendent rank or above

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10
Q

What are 3 requirements for a superintendent to be able to extend time S is held in custody by 12 hours without charge?

A
  1. Indictable or either way offence
  2. Secure/preserve evidence or obtain evidence by questioning; and
  3. Investigation is being conducted diligently and expeditiously
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11
Q

On first application for a warrant, Magistrates Court may authorise holding the suspect for an additional __ ______ and on second application, an additional __ ______

A

36 hours, 24 hours

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12
Q

If all applicable extensions are granted, how long can S be held in custody for an either way/indictable only offence without being charged?

A

96 hours (or 4 days)

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13
Q

What are 3 situations in which an identification procedure must be held?

A
  1. W identified/purported to ID a suspect
  2. W expresses ability to ID a suspect
  3. Reasonable chance of W being able to ID a suspect
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14
Q

What 3 rights does a suspect have under an identification procedure?

A
  1. Explanation of the procedure
  2. Free legal advice
  3. Solicitor/friend present at procedure
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15
Q

An identification procedure may not serve a useful purpose in a case if a suspect is _____ to the witness

A

Known

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16
Q

Although S is not required to co-operate with an ID procedure, it can still be held _______ and failure to cooperate could be ______ __ _____

A

covertly, raised at trial

17
Q

What are the 4 types of identification procedures under Code D of PACE?

A
  1. Video identification
  2. Identification parade
  3. Group identification
  4. Confrontation
18
Q

Give 4 features of video identification

A
  1. Consists of moving images of suspects
  2. At least 8 others shown (so 9 in total)
  3. Others should be similar in appearance to S
  4. Concealment of distinguishing features of all present (e.g. tattoos, scars)
19
Q

How many times must W be shown the moving images from a video identification?

A

At least twice

20
Q

Identification parade: S and at least _ others who ______ S appear in a line

A

8, resemble

21
Q

Group identification: W sees S in an ______ group, with or without S’s _______

A

informal, consent

22
Q

What are three features of confrontation (a 1-on-1 identification)?

A
  1. S solicitor or friend may be present
  2. S should not be restrained
  3. W is asked if S is the person they saw
23
Q

W must be warned that S might not be present in all procedures except for…

A

group identification

24
Q

What are 4 possible objections to including identification procedure evidence?

A

Failure to:
1. Account reasonable objections to appearance of others
2. Keep Ws away from S before/during procedure
3. Keep Ws apart before/during procedure
4. Warn Ws that S might not be shown

25
Q

What is the test for the exclusion of identification evidence from trial if there is a breach of the ID Procedures under Code D of PACE?

A

s78 PACE - The court have discretion to exclude the evidence if its admission would have an adverse effect on the fairness of proceedings

26
Q

Must interviews of suspects by police officers at a police station be recorded?

A

Yes

27
Q

Who is S entitled to have present during an interview?

A

Legal representative

28
Q

Can S request legal advice prior to an interview?

A

Yes

29
Q

What 2 rights do S’s legal representative have?

A
  1. View S’s custody record
  2. Obtain sufficient information
30
Q

What 4 things must be included in a caution given to S at the start of their interview?

A
  1. S has a right to a legal rep
  2. Right to remain silent
  3. Anything said can be used against them at trial
  4. Failing to mention/account for something which they later rely on in court may result in adverse inference being drawn
31
Q

Can failure to give the required cautions to S result in the evidence obtained during the interview being excluded at trial?

A

Yes

32
Q

What are S’s three options in their approach to an interview?

A
  1. Answer questions
  2. Decline to answer questions
  3. Provide a written statement setting out their account and decline further questions
33
Q

Which 2 type of people who may be classed as vulnerable suspects?

A
  1. Under 18s
  2. Those with mental disorders
34
Q

Who are vulnerable suspects entitled to have present with them during questioning?

A

An appropriate adult not affiliated with the police

35
Q

Give 3 examples of an appropriate adult

A
  1. Suspect’s parent/guardian
  2. Social worker
  3. Volunteer not affiliated with the police
36
Q

During an interview, a solicitor may intervene to seek ________ or advise their client, but must not ______ the interview

A

clarification, obstruct

37
Q

Who can a solicitor be removed by if they obstruct a police interview?

A

Superintendent

38
Q

After the interview, the custody officer will decide if S should be remanded in ______ and produced at court, or remanded on _____ to appear at court at a set date

A

custody, bail

Criminal Practice (11 decks)

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