ADVISING CLIENTS AT THE POLICE STATION

Question 1

RIGHTS OFA SUSPECT BEING DETAINED BY POLICE FOR QUESTIONING
Police and Criminal Evidence Act 1984 (‘PACE’)
7 rights

Answer 1

*Access to free legal advice, free medical help, and a free
interpreter;
*The right to notify someone of their arrest;
*The right to inspect police Codes of Practice (the regulations governing police powers under PACE);
*The right to silence;
*The right to be informed of the reason for the arrest;
*The right to inspect documents relating to the arrest and detention; and
*The right to information on detention time limits.

Question 2

10

ranks of police force

Answer 2

The police force is organised into diferent ranks. Some decisions can be made only by higher ranking officers. The ranks are (from low to high): Constable, Sergeant,
Inspector, Chief Inspector, Superintendent, Chief Su-
perintendent, Assistant Chief Constable, Deputy Chief Constable, and Chief Constable.

Question 3

Right to Legal Advice

Answer 3

legal advice is permitted only when:
1. The suspect is arrested on an indictable only or either way offence;
2. A police officer of the rank of superintendent or above
has authorised the delay in writing; and
3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence.

The right can be delayed 36 hours at most.

Question 4

Right to Have Someone Informed ofArrest

Answer 4

Delay is permitted only when:
1. The suspect is arrested on an indictable only or either way offence;

2. A police officer of the rank of **inspector **or above has
   authorised the delay in writing; and
3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence.
4. The right can be delayed a maximum of** 36 hours **and should be delayed only as long as necessary.

Question 5

CUSTODY TIME LIMITS

Answer 5

1. As a general rule, the maximum time a suspect can be kept in custody without being charged is 24 hours from the relevant time.
2. The relevant time is generally when the suspect has entered the police station.
3. The suspect must be charged or released before the custody time limit expires.

Question 6

First Extension of CustodyTime Limit

Answer 6

A further 12-hour extension (taking the total custody time limit to 36 hours) can be granted if:
1. The suspect is arrested on suspicion of an indictable only
or either way offence;
2. An officer of the rank of superintendent or higher authorises the continued detention;
3. The offcer has reasonable grounds for believing further
detention is necessary to secure or preserve evidence or obtain evidence by questioning; and
4. The investigation is being conducted diligently and expeditiously.

Question 7

Application to Court for Further Extension
of CustodyTime Limit

Answer 7

1. A suspect may be held beyond 36 hours only if a warrant for further detention is sought from the** Magistrates’ Court**.
2. The court can grant a further 36 hours on first application and an additional 24 hours on second application. Therefore, the maximum time a suspect can remain in custody prior to being charged is 96 hours.
3. The Magistrates’ Court will authorise further detention if:
   (1) The suspect is arrested on suspicion of an indictable only or either way offence;
   (2) The Court has reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning; and
   (3) The investigation is being conducted diligently and expeditiously.

Question 8

IDENTIFICATION PROCEDURES

Answer 8

Identifcation procedures must be held when:
1. A witness has identifed or purported to identify a suspect;
2. A witness expresses an ability to identify a suspect; or
3. There is a reasonable chance of an eyewitness being able to identify a suspect.

The procedures are designed to test the witness’s ability to identify the suspect as the person they saw on the previous occasion and to provide safeguards against mistaken identi-fcation.

If a suspect is not yet identifed, the police may take the witness to the scene of the offence to see if the suspect can be identifed locally.If this procedure is followed and a
suspect is identifed and arrested at the scene, a formal identifcation procedure must then be carried out.

If there is a breach of Code D, it may lead to the identifcation evidence being excluded. The court will consider whether its admission would have such an adverse efect on the fairness of trial that it ought to be excluded.

Question 9

3

Rights of Suspect in Identifcation
Procedures

Answer 9

1.To have the purpose of the procedure explained;
2. To have free legal advice and to have a solicitor or friend present;
3. To have their obligations explained and the consequences of their decisions, namely that:
*The suspect need not cooperate, but a procedure may still be conducted covertly and the failure to cooperate may be raised at trial; and
*If the suspect changes their appearance (for example, shaves their beard of, cuts their hair short, or changes hair style) between the notifcation and conduct of the procedure, it may affect the conduct of the procedure and may be raised at trial.

Question 10

4

Types of Identifcation Procedures

Answer 10

a.Video Identifcation
b.Identifcation Parade
c.Group Identifcation
d.Confrontation

Question 11

Video Identifcation

Answer 11

1. Moving images of the suspect and eight or more others are shown to the witness.
2. The others must resemble the suspect in age, height, appearance, and position in life, and any distinguishing features must be concealed.
3. The suspect and their solicitor must have a chance to raise reasonable objections.
4. The witness must be shown images at least twice and be warned that the suspect may not be featured in the videos.
5. If there are multiple witnesses, they must be separated.

Question 12

Identifcation Parade

Answer 12

1. The suspect and eight or more others who resemble the suspect appear in a line.
2. The suspect may object to arrangements and participants and may choose their position in the line.
3. The witness must be warned that the suspect may not be
   featured in the parade.
4. If there are multiple witnesses, they must be separated.
5. The parade should be recorded or colour photographed.

Question 13

Group Identifcation

Answer 13

1. The witness sees the suspect in an informal group.
2. This procedure may take place with or without the suspect’s consent.
3. The location should take into account the appearance of
   others present.
4. A colour photograph or video should be taken immediately after identifcation.

Question 14

Confrontation

Answer 14

1. The witness must be warned that the suspect may not be
   present.
2. The suspect’s solicitor or friend may be present unless it would cause undue delay.
3. The suspect should not be restrained at the time of the identifcation.
4. The witness is asked, “Is this the person you saw on the earlier occasion?”

Question 15

POLICE INTERVIEWS

Answer 15

1. This interview takes place in an interview room and is recorded
2. If a suspect seems unable to appreciate the significance of the questions or answers, or understand what is happening owing to intoxication or any other condition, they should not be interviewed.

Question 16

Advising Suspect at Police Station

Answer 16

1. A suspect is entitled to have a legal representative present during an interview and can request legal advice prior to an interview.
2. A legal representative will inspect the custody record. A custody record is a log of a suspect’s time in detention at the police station maintained by the custody officer (the ofcer in charge of the custody suite at the police station).
3. The legal representative will also obtain disclosure prior to interview from the investigating officer regarding the nature of offence and why the suspect is under suspicion.

Question 17

3

Right to Remain Silent and the Caution

Answer 17

1. A caution will be given to the suspect at the start of the interview, setting out the suspect’s rights in the interview. Aside from the right to a legal representative, a suspect must be told they have a right to silence and are under no obligation to answer questions.
2. The suspect must also be warned that anything they say will be taken down in evidence and may be used against them at trial.
3. A suspect must be further warned that if the suspect fails to mention something which they later rely on in court, and it is a fact they could reasonably have been expected to mention in interview, an adverse inference may be drawn by the court regarding why the defendant did not raise the matter when questioned.

Question 18

2

The Special Caution

Answer 18

1. An adverse inference may also be drawn if a defendant failed to account for their presence at the scene of the offence or an object, substance, or mark found on the defendant at the time of arrest.
2. If this is a relevant factor, the interviewing officer must give a special caution, outlining what offence is being investigated and what fact the suspect is being asked to comment on, before warning that an adverse inference
   may be drawn if they fail to provide an account now that they later rely upon in court.

Question 19

3

Suspect’s Options in Interview

Answer 19

1. Answer questions and give a full account in the interview;
2. Decline to answer questions (saying “no comment” or
   remaining silent throughout); or
3. Hand in a written statement setting out their account and decline to answer any further questions.

Question 20

8

Vulnerable Suspects

Answer 20

1. Under PACE, further safeguards are in place for vulnerable suspects.
2. Vulnerable suspects are youths (persons under the age of 18) and suspects with mental disorders or other vulnerabilities.
3. It is the responsibility of the custody officer to identify vulnerable suspects at the beginning of a suspect’s detention. 4. An important safeguard is that vulnerable suspects are entitled to access to an appropriate adult.
4. An appropriate adult can be the suspect’s parent or guardian, a represen-tative from a care organisation when appropriate, a social worker, or a volunteer who is not afliated with the police.
5. They can provide support and explanation to the suspect during their time in custody.
6. The appropriate adult should be present during the interview of a vulnerable suspect.
7. When appointing an appropriate adult, the wishes of the suspect should be taken into account.
8. If a suspect is vulnerable and an appropriate adult was not called in (by accident or otherwise), the admissibility of any evidence obtained during interview may be
   excluded

Question 21

Oppression and Inducement in Interview

Answer 21

1. The interviewing officers must ensure they do not conduct the interview by the use of oppression.
2. Oppression includes torture, inhuman or degrading treatment, and the use or threat of violence.
3. To this end, interviewing officers should avoid too many officers being present during the interview.
4. In addition, there must be no inducements to confess used,such as a promise of police bail,
   or a promise of access to legal advice (contrary to the suspect’s right to legal advice) or notifcation of third parties.

Question 22

The Solicitor’s Role at the Police Station

Answer 22

1. PACE specifes that the solicitor’s only role at the police station is to protect and advance the legal rights of their client in the face of the police investigation.
2. This includes protecting the suspect’s rights under PACE set out above, obtaining disclosure from the police, and advising the suspect on answering questions in the interview.
3. This may require the solicitor
   to give advice which has the effect of the client avoiding giving evidence which could strengthen a prosecution case.
4. In interview, a solicitor may intervene in order to seek clarifcation, challenge an improper question or manner of questioning, advise their client not to reply to particular questions, or ask for the interview to be halted to give the suspect further legal advice.

Question 23

Professional Misconduct at the Police
Station

Answer 23

1. A solicitor must not** obstruct** the conduct of the interview.
2. Obstructing includes telling the suspect what to say during interview or answering on the suspect’s behalf.
3. If a solicitor obstructs the interview, they may be removed from the room. This must be authorised by a superintendent and is extremely rare. In such circumstances, the defendant would be entitled to speak with another solicitor.

Question 24

Police Bail After Charge

Answer 24

If the decision is taken to charge the suspect, the custody officer at the police station will decide whether the suspect should be remanded in custody and produced at court at the next available opportunity, or whether they can be remanded on bail to appear at court at a set date.