Advising clients at the police station Flashcards
What are three of the ongoing rights of a suspect detained by the police for questioning?
Right to legal advice
Right to have someone informed of arrest
Reviews & detention time limits under Code C
What is a suspect’s right to free & independent legal advice?
Entitled to consult a solicitor privately at any time, whether in person, writing, telephone as soon as is practicable
What is the police procedure for a suspect exercising their right to free & independent legal advice?
Police contact the Defence Solicitor Call Centre –> either free telephone advice or in person
If solicitor attends station, suspect must be:
- Informed of the solicitor’s arrival at the station
- Asked if they would like to see the solicitor (even if have previously declined legal advice)
Can the right to free & independent legal advice be delayed by the police?
Must be authorised by at least a superintendent for max 36 hours only when:
a) Suspect has been arrested for an indictable offence; and
b) Office has reasonable grounds for believing that exercising this right at the time when the suspects wants to exercise it will:
i. Lead to interference with or harm to evidence or other persons; or
ii. Lead to the alerting of other people suspected but not yet arrested; or
iii. Hinder the recovery of any property obtained as a result of the offence
What is the rank of officer who can delay a suspect’s right to free and independent legal advice?
At least a superintendent
(For max. 36 hours)
What is the rank of officer that can delay a suspect’s right to have someone informed of their arrest?
At least inspector (for max 36 hours)
What are the grounds for delaying a suspect’s right to have someone informed of their arrest?
Suspect has been indicted for an indictable offence
and
Officer has reasonable grounds for believing that exercising this right at the time the suspect wants to will:
i) Lead to interference with / harm to evidence or other persons; or
ii) Lead to the alerting of other people suspected but not yet arrested; or
iii) Hinder the recovery of any property obtained as a result of the offence
What is the detention time limit (starting point)?
A person cannot be kept in detention for more than 24 hours without charge beginning from the ‘relevant time’
‘Relevant time’: when they arrive at the police station (or at the time of their arrest if attend station voluntarily & are then arrested / delay between arrival & authorisation of detention)
When are detention reviews?
Within 6 hours from detention being authorised (review by at least inspector to determine whether detention still necessary)
&
Within 9 hours from first detention review (review by at least inspector to determine whether detention still necessary)
Who can authorise continued detention for an extra 12 hours (ie. to 36 hours)?
At least superintendent & only if reasonable grounds for believing that:
- Offence is indictable offence
& - Detention without charge necessary to secure the evidence or obtain evidence by questioning them
& - The investigation is being carried out diligently & expeditiously
Who can authorise further detention after 36 hours by another 36 hours (ie. to 72 hrs)?
Magistrates authorising a warrant of further detention - if there are reasonable grounds for believing that:
a. Detention without charge necessary to secure the evidence or obtain evidence by questioning them
and
b. Investigation is being carried out diligently & expeditiously
When can detention be extended beyond 72 hours?
Exceptional cases: police can make additional application for extension of warrant of further detention if:
- Continued detention necessary to secure evidence or obtain by questioning;
- Investigation being carried out diligently & expeditiously
and
- There are reasonable grounds for believing that further detention justified
Time limit: Any period as court sees fit so long as not longer than 36 hrs or end later than 96 hours after the ‘relevant time’
What is the maximum amount of time detention can be extended beyond 72 hours?
96 hours (ie. 4 days)
Court can grant extension to warrant for any period as see fit, so long as not longer than 36 hours or end later than 96 hours after the ‘relevant time’
What are the grounds for detention?
- Reasonable grounds that detaining the suspect without charge will secure/preserve evidence
- Necessary to obtain evidence by questioning
When must an identification procedure be held?
- Witness has identified/purported to identify a suspect
- Witness thinks they can identify/reasonable chance of identification & suspect disputes being the person witness claims to have seen
What are the 4 different types of identification procedure?
a. Video identification
b. Identification parade
c. Group identification
d. Confrontation by a witness
What steps should be taken if a witness recognises a suspect from a photo?
Before shown any photos, must first record witness’s description of the suspect
Must be shown at least 12 photos at a time –> if identify, then take part in ID procedure
Suspect/solicitor should be notified if witness has previously been shown photos
What is the procedure for a video identification?
Witness shown video of suspect & at least 8 other people who resemble suspect (if 2 suspects, 12 other people)
Suspect:
- Must be given reasonable opportunity to see full set of images before shown to witness (can object to any)
- If has unusual features, police can conceal/replicate
- Their solicitor should attend to ensure it is carried out properly
Witnesses must not be able to communicate with each other, see any images, be reminded of any photo/description of suspect
What is the procedure for an identification parade?
Suspect & at least 8 people who resemble suspect (any unusual features can be concealed)
- Suspect can choose own position
- Witness should first be asked whether can ID on basis of appearance only
- A colour photograph or video recording must be taken
Before procedure, witnesses must not be able to communicate with each other, see any member of ID parade, be reminded of any description of suspect
What is group identification?
When witness sees suspect in informal group of people
Can take place with consent of suspect or covertly if suspect does not consent
Should be held in place where other people passing by or informally waiting around + police can reasonably expect witness will see some people who broadly resemble suspect
What is a confrontation procedure?
When witness brought face-to-face with suspect in police station, usually in presence of suspect’s solicitor (v. rare)
Who runs an identification procedure?
The identification officer
- Not below inspector
- Not involved in the investigation
When should a suspect not be interviewed?
If appear, at time of interview, unable to:
- Appreciate significance of questions/answers; or
- Understand what is happening because of the effect of drink, drugs or any illness
What are the 4 exceptions to the rule that a suspect should not be interviewed before receiving legal advice?
Exception 1: Police have delayed suspect receiving legal advice (can be for up to 36 hrs)
Exception 2: Waiting for solicitor would cause unreasonable delay
Exception 3: Solicitor suspect wanted can’t be contacted/declined & suspect declined opportunity to speak to duty solicitor
Exception 4: Suspect asked for legal advice & then changed their mind so long as:
a. At least inspector speaks to suspect about reasons, makes reasonable efforts to inform solicitor, & records these in the custody record
b. Suspect confirms in writing in custody record wants to proceed
c. At least inspector is satisfied proper to proceed & gives authority in writing in custody record
d. This is all also recorded in the interview
What must the interviewing officer do at the start of the interview?
- Give caution & remind suspect of continuing right to free & independent legal advice
- Put to suspect any significant statement or silence which occurred in hearing of police officer before interview *(if don’t, statement/silence may be ruled inadmissible)
What rules are there about conduct of interviewing officer during interview?
Can’t obtain answers by oppression or make any inducements to suspect to admit guilt
When must an interview cease?
When investigating officer satisfied all relevant qs put to suspect
If interview takes place over more than 1 day, must give at least 8 continuous hours of rest in any period of 24 hours
Breaks at recognised mealtimes + short refreshment breaks approx every 2 hours
What can a solicitor do during the interview?
Intervene to seek clarification, challenge improper question, advise client not to reply, give client further legal advice
When can a defendant’s solicitor be excluded from interview?
If engaging in ‘unacceptable conduct’ (eg. answering questions for client)
What are the 4 types of ‘vulnerable’ client?
(a) Juveniles
(b) Suspects who suffer from mental health condition or mental disorder
(c) Suspects who are deaf, unable to speak, blind
(d) Suspects who can’t speak or understand English
Which two categories of vulnerable clients should have an appropriate adult?
Juveniles
Suspects with mental health condition or mental disorder
Can the duty to inform a person responsible for a juvenile’s welfare of their arrest be delayed?
No
What must the custody officer do if suspect is deaf, unable to speak, blind or can’t speak or understand English?
Obtain an interpreter
If blind, ensure someone not involved in investigation can help them check any documentation
Who can be the appropriate adult for a juvenile?
Must follow hierarchical order:
- Their parent/guardian
- A social worker
- Another responsible adult over 18 who is not connected to police
Cannot be:
- Solicitor
- Police
- Interested party in the offence
- Person to whom juvenile made admissions prior
- An estranged parent when juvenile expressly & specifically objects to their presence
Who can be the appropriate adult for a suspect with a mental health condition?
Relative, guardian or other person responsible for that person’s care/custody
or
Someone experienced in dealing w/ vulnerable people
or
Some other responsible adult
Cannot be:
- Solicitor
- Police
- Interested party in the offence
Who can never be an appropriate adult?
- Solicitor
- Police
- Interested party in the offence
- Person to whom juvenile made admissions prior
- An estranged parent when juvenile expressly & specifically objects to their presence
What is the role of the appropriate adult?
To support, advise, assist suspect (solicitor should ensure aware of role)
- Ensure suspect understands their rights
- Observe whether police acting properly
- Assist with communication between police & suspect
If present at interview, must be informed by interviewing officer that this is the purpose of their presence
When can an appropriate adult be required to leave an interview?
If preventing interviewing officer putting proper questions to the suspect
- At least superintendent must be consulted
- Must be replaced for interview to continue
