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FLK 2 CRIMINAL LAW > Advising clients - chapter one > Flashcards

Advising clients - chapter one Flashcards

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1
Q

a suspect is always entitled to free in person legal advice at the police station irrespective of their income - true or false

A

false - all suspects are entitled to free legal advice but the advice isn’t always in person - suspects who are detained on suspicion of committing an offence which isn’t punishable by imprisonment may receive free telephone advice

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2
Q

what is the name of the identification procedure where an eyewitness is shown images of a suspect and individuals who resemble the suspect

A

video identification procedure - witnesses are shown various images including one of the suspect

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3
Q

if a suspect claims to have relied on legal advice to remain silent during a police interview, they will automatically be protected from having adverse inferences drawn from their silence - true or false

A

false - suspects who later become defendants aren’t automatically immune from having adverse inferences drawn by simply claiming that they relied on legal advice to remain silent

if the arbiter of fact is satisfied that reliance on the advice was genuine, then inferences may not be drawn

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4
Q

in the case of a juvenile what is the hierarchial order that the police must follow when identifying an appropriate adult

A

the police should first attempt to make contact with the parents or guardians of the juvenile (or representatives from the LA if the juvenile is in LA care)

failing that - the police should identify a social worker from the LA to act as the appropriate adult

failing that - the police should identify some other responsible adult aged 18 or over who isn’t connected to the police

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5
Q

where an individual is suspected of being involved in a criminal offence, they may be arrested and taken to an authorised place of detention (police station) - at this stage the suspect hasn’t been accused of committing or being involved in the commission of the offence - when does a suspect become accused

A

when they’re charged with an offence

individual, once charged, referred to as defendant in next cards

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6
Q

on arrival at the PS following an arrest - a suspect will be booked into custody (ie their details are recorded) - when must this be done and who records these details

A

the details are recored by the custody officer and this must be done as soon as possible

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7
Q

custody officer

A

an officer, independent of the investigation, holding the rank of at least sergeant who is responsible for the welfare of a suspect who is in police custody

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8
Q

what rank should a custody officer hold

A

the rank of at least sergeant

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9
Q

what is the custody officer responsible for

A

opening a custody record as soon as practicable for any arrested person brought to the PS and informing the suspect of their rights whilst in police detention and for the authorisation of detention

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10
Q

what is a custody record

A

a document opened and kept by the custody officer which is used to record details of the suspect and their welfare whilst in police detention

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11
Q

what kind of details will the custody record include

A

suspects name, address, offence arrested for, time of arrest, arrival at PS, time of interview, confirmation that rights of suspect (eg to legal advice) have been provided to them, any requests made by the suspect and compliance with PACE code

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12
Q

can a suspects custody record be inspected at the request of a suspect, their solicitor, or appropriate adult at any time whilst the suspect is in custody

A

yes

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13
Q

a copy of the custody record can’t be obtained when the suspect is released from custody - true or false

A

false - this can be obtained upon request

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14
Q

following the booking in of the suspect, what must the custody officer decide (based on the details provided by the investigating officer)

A

whether there’s sufficient evidence already to charge the suspect with an offence, or whether detention of the suspect is required

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15
Q

if there’s sufficient evidence to charge the suspect - what action needs to be taken by the custody officer

A

they should charge the suspect and either release them on bail, to appear before the mag court at a later date or remand them into police custody

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16
Q

if there’s insufficient evidence to charge the suspect - what action needs to be taken by the custody officer

A

they should release the suspect on bail (with or without conditions) or unconditionally, unless detention can be justified

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17
Q

the custody officer may detain a suspect in police custody if they have reasonable grounds for believing what

A

that the suspects detention without being charged is necessary
a) to secure or preserve evidence relating to an offence for which the suspect is under arrest

b) to obtain such evidence by questioning the person

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18
Q

once a suspects initial detention has been authorised, they will remain in police custody for…

A

questioning

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19
Q

the suspect has certain rights - what are these primarily described as

A

Codes of Practice under PACE 1984 - PACE codes

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20
Q

how many codes of conduct are there under PACE 1984 and what do they regulate

A

there are eight codes of conduct (A-H)

they regulate how the police or other investigative agencies (HMRC) should conduct themselves before and during criminal proceedings

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21
Q

the treatment of suspects in police custody is governed primarily by which code of PACE

A

Code C PACE 1984

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22
Q

Code C PACE 1984

A

provides, among other things, how suspects should be treated in police custody, their rights and how interviews are to be conducted

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23
Q

when a suspect is detained in custody, they have the right to consult legal advice, privately, at any time - true or false

A

true

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24
Q

when must a suspect be informed of the right to seek free ILA

A
  • on arrival at PS
  • on arrest following voluntary attendance at the PS
  • immediately before the commencement, or recommencement, of any interview
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25
Q

all suspects are entitled to free in person advice unless…

A

unless the punishment for the offence for which the suspect is being held in custody is non-imprisonable

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26
Q

once ILA has been accepted or requested, subject to the power of delay, when should a suspect be permitted to consult with a solicitor

A

as soon as practicable

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27
Q

a custody officer should act with no delay in ensuring a solicitor is contacted - true or false

A

true

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28
Q

in most cases - who will the custody officer contact to obtain ILA

A

The Defence Solicitor Call Centre - DSCC

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29
Q

Once contacted, what will the DSCC determine

A

whether telephone advice is sufficient or whether a solicitor or PS representative should attend in person

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30
Q

there are occasions when the suspect may wish to have a specific solicitor or firm contacted instead - what would happen in this situation

A

the suspect will be asked to identify the sol or firm - the suspect must be informed of the sols arrival at the PS and must be asked whether they wish to speak with the solicitor

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31
Q

is it true that the solicitors arrival and the decision of the suspect to see the solicitor must be noted in the custody record

A

yes

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32
Q

in limited circumstances, an officer of the rank of superintendent may delay a suspects access to consult with a solicitor - when may the officer do this

A
  • if the suspect has been arrested for an indictable offence (which includes indictable only and either way offences)
  • the officer has reasonable grounds to believe that exercising the right to legal advice will for example

a) lead to interference with or harm to evidence connected with the offence, or interference or physical injury to other persons
b) lead to alerting others suspected of having committed such an offence who have not yet been arrested for it

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33
Q

if a suspect has been denied access to a specific solicitor, should they be permitted to choose another solicitor

A

yes they must

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34
Q

in any event, the right to access legal advice may only be delayed for as long as…

A

for as long as the ground used to justify the delay in the first place continues to exist

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35
Q

a delay to access legal advice must not exceed how many hours from the relevant time

A

must not exceed 36 hours from the relevant time

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36
Q

when the right to consult a solicitor is delayed - should the suspect be informed of the delay and does this need to be included in the custody record

A

yes the suspect should be informed that there is a delay and also the reason for the delay - these must both be included in the custody record

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37
Q

if a suspect declines to speak to a solicitor - what must they be reminded of
(what does the right to legal advice also include)

A

they must be informed that the right to legal advice also includes the right to speak to a solicitor on the telephone

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38
Q

if the suspect declines to speak to a solicitor and is informed that the right to legal advice also includes the right to speak to a solicitor on the telephone, but still refuses - what must be done by the custody officer

A

the custody officer must ask why the suspect has declined and record any answer in the custody record

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39
Q

if a suspect denies legal advice initially - can they request to consult a solicitor at any time

A

yes

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40
Q

where a person has been arrested and is being held in custody at a PS/authorised place of detention, they have the right to have someone informed of their arrest as soon as practicable following their arrest - who are the individuals that may be informed

A
  • relative
  • friend
  • other person known to them, or who is likely to take an interest in the suspect’s welfare
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41
Q

what is the custody officers role in respect of this right to have someone informed of the arrest

A

the custody officer must inform the suspect of this right, and ask the suspect if they wish to exercise it

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42
Q

what happens if the suspect wishes to exercise the right of informing someone of the arrest

A

the chosen person will be informed of the fact that the suspect has been arrested and of their place of detention

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43
Q

if the suspect has moved to another authorised place of detention, the suspect can request to have the person chosen informed of their new whereabouts - true or false

A

true

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44
Q

if the chosen person to be informed of the arrest can’t be contacted - how many alternatives can the suspect givr

A

the suspect can nominate a max of two alternatives

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45
Q

what happens if the two alternatives that the suspect has nominated cant be contacted

A

the custody officer may allow further attempts

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46
Q

which rank of officer may authorise a delay in exercising the right of a suspect to notify someone of their arrest and for how many hours

A

an officer of the rank of inspector or above - may authorise a delay in exercising the right of a suspect to notify someone of their arrest for upto 36 hours

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47
Q

what are the rules for the authorisation of a delay in exercising the right of a suspect to notify someone of their arrest

A
  • such a delay may only occur if the suspect is detained for an indictable offence
  • there must be reasonable grounds to believe that notifying an individual will
    a) lead to interference with or harm to evidence connected connected with the offence or interference or physical injury to other persons
    b) lead to alerting others suspected of having committed such an offence who have not yet been arrested for it
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48
Q

a delay may be authorised where the officer has reasonable grounds to believe…

A
  • the person detained has benefitted from their criminal conduct
  • the recovery of the value of the property constituting the benefit will be hindered by telling the named person of their arrest
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49
Q

when the right to inform someone of a suspects arrest and detention is delayed - what must the suspect be informed of and where must this be recorded

A

the reason for the delay and this must be noted in the custody record

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50
Q

what are the two periods of reviews and detention time limits under PACE 1984 Code C

A
  • period of detention
  • period of reviews of detention
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51
Q

what is period of reviews of detention often referred to as

A

review clock - this prescribes the time periods when the detention of a suspect must be reviewed

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52
Q

what is period of detention often referred to as

A

detention clock - prescribes how long a suspect may be kept in police custody

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53
Q

generally a person suspected of committing an offence may only be held without charge for how long

A

for a max period of 24 hours from the relevant time

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54
Q

what is meant by the relevant time

A

the time when the detention clock starts

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55
Q

does the relevant time (detention clock) start when the arrested suspect arrives at the PS or 24 hours after the arrest

A

whichever is earlier

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56
Q

what is the general rule regarding the start of the detention clock

A

the general rule is that the detention clock will begin at the time of arrival at the PS

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57
Q

once the initial period of detention is due to expire - what two options do the police have

A
  • seek to extend the suspects detention
  • release the suspect
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58
Q

REVISION TIP

A

its generally uncommon for the police to use the full 24h period - in most cases police will charge the suspect with the offence or release them under investigation (RUI)

only rarely will the police require an extension to the suspects detention

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59
Q

extension from 24 to 36 hours

A

when the initial 24h period has expired, an officer of the rank of superintendent or above, who is responsible for the station at which the suspect is being held, may authorise a 12h extension to detain the suspect taking them to a max of 36h in detention

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60
Q

an extension of detention of the suspect from 24h to 36h may only be done if the officer has reasonable grounds to believe what

A
  • that the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest or to obtain such evidence by questioning them
  • that the offence for which the suspect has been arrested in connection with, is an indictable offence
  • that the investigation is being conducted diligently and expeditiously
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61
Q

if the police wish to seek an extension of the detention of the suspect beyond 36 hours from the relevant time - what must be done

A

they must seek a warrant for further detention from the mag court

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62
Q

the mag court may authorise further detention for such period of time as the magistrates think fit, but up to a max of 36hrs detention - what are the conditions for extending the suspects detention

A
  • the court is made up of a min of two lay magistrates or a district judge
  • the application is made on oath by a warranted constable supported by written information
  • the suspect is present in court and being detained in connection with an indictable offence
  • the court is satisfied that there are reasonable grounds for believing that the further detention of the suspect is justified
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63
Q

further detention is justified if it’s necessary to…

A
  • secure or preserve evidence relating to the offence
  • obtain such evidence through questioning of the suspect
  • the investigation is being conducted diligently and expeditiously
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64
Q

the mag court may issue a warrant for further extensions up to a max of 36h for each extension however the mag court can’t extend detention beyond 96h in total - true or false

A

true

ie if the mag court extend detention by 36h on first extension, they would be restricted to extension of 24h on the second detention
(24+12+36++24 = 96h)

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65
Q

if the police wish to have detention authorised beyond 36h the mag court must warrant the extension for further detention - it’s imperative that the police have an application listed and heard before..

A

before the 36h period is up

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66
Q

can a mag court authorise a warrant for further detention if the 36h period for the police to submit the application has expired

A

no

67
Q

time limit 0-24 hours
any offence
authorisation…

A

custody officer subject to detention reviews

68
Q

time limit 24-36h
indictable offence
authorisation by…

A

officer of the rank of superintendent or above (subject to satisfying the relevant criteria)

69
Q

time limit 36-72h
indictable offence
authorisation by…

A

magistrates court (subject to satisfying the relevant criteria)

70
Q

72-96h
indictable offence
authorisation by…

A

magistrates court
subject to satisfying the relevant criteria

71
Q

96h - what happens if the detention time limit has reached this

A

no further extensions permitted
suspect must be released or charged

72
Q

if the time limit on detention has been reached and an extension is neither authorised nor sought after - what three options do the police have

A

1 - charge the suspect
2 - release the suspect on bail
3 - release the suspect

73
Q

charge the suspect - depending on the nature of the offence who will the police usually need authorisation from to charge the suspect

A

from the crown prosecution service (CPS)

74
Q

charge the suspect - if there’s sufficient evidence the suspect will be charged and the case will progress to the next stage … if a suspect is charged, can they be granted police bail

A

yes they may be granted police bail or depending on the offence the courts would need to determine the issue of bail

75
Q

release the suspect on bail - in some instances the suspect will be released on police bail … TRUE OR FALSE

A

true

76
Q

release the suspect - if the police do not have enough evidence to charge the suspect and do not intend to prosecute, the suspect will be released without charge - what must the custody officer provide

A

the custody officer will provide a written notice of the police’s intention not to prosecute the suspect relating to the offence concerned (unless new evidence arises which supports a prosecution)

77
Q

irrespective of how long a suspect is detained for, custody officers are required to carry out detention reviews - true or false

A

true

78
Q

What is a detention review

A

a detention review is where an officer, of at least the rank of inspector (review officer) determines whether a suspects continued detention is justified -

79
Q

when does the detention review clock begin

A

when the custody officer has authorised the initial detention of the suspect

80
Q

when must the first detention review be conducted

A

no later than six hours after the custody officer first authorised the detention of the suspect

81
Q

when must the second, and any subsequent, detention review be carried out

A

no later than nine hours after the previous review

82
Q

what occurs during the first 24 hours period in police custody and what review must be undertaken while a suspect remains detained

@original decision to detain

A

custody officer first authorises detention of the suspect

83
Q

what occurs during the first 24 hours period in police custody and what review must be undertaken while a suspect remains detained

@6 hours

A

first detention review

84
Q

what occurs during the first 24 hours period in police custody and what review must be undertaken while a suspect remains detained

@15 hours

A

second detention review (within 9 hours of the first detention review)

85
Q

what occurs during the first 24 hours period in police custody and what review must be undertaken while a suspect remains detained

@24 hours

A

third review
charge or seek extension or release on bail under investigation or release without charge

86
Q

do the detention clock and review clock start at the same time or different times

A

different times

87
Q

when does the detention clock begin and when does the review clock begin

A

detention clock - begins at the point of arrival at the police station

review clock - begins when the custody officer first authorises the detention of the suspect

88
Q

if the suspect hasn’t been charged, the officer carrying out the detention review must determine whether the police have sufficient evidence to charge the suspect - what if there’s not enough evidence to charge

A

the review officer must decide if detention is still necessary

89
Q

when conducting a review, what will the officer do

A
  • consult with the investigating officer to determine what documents and materials are essential for challenging the lawfulness of the arrest and detention, and these must be made available to the detained suspect
  • allow the suspect, their solicitor and their appropriate adult (if applicable) to make oral or written representations (ie submissions) about the detention
90
Q

to assist the police in confirming that the suspect was involved in the alleged offence, or in certain circumstances, potentially eliminating a suspect from an investigation - what kind of procedure will the police usually carry out

A

identification procedure

91
Q

what is meant by identification procedure

A

identification procedures are methods of attempting to have a suspect positively identified by a witness or witnesses to an alleged offence

92
Q

what are identification procedures designed to test

A

they’re designed to test the eyewitness’s ability to identify the suspect as the person they saw on a previous occasion, and provide safeguards against mistaken identification

93
Q

whenever the police carry out an identification procedure - which code of the PACE 1984 must they comply with

A

CODE D

94
Q

PACE 1984 CODE D

A

this is the relevant code of practice for carrying out identity procedures at the police station

this is not the only aspect of police conduct that is governed by code d but is a significant part

95
Q

there are some instances, prescribed in PACE 1984 code d, where the police must carry out an identification procedure as soon as practicable - what are the conditions that is satisfied, an identification MUST take place

A
  • an eyewitness has identified or claims to have identified a suspect, or there’s a witness who claims they can identify the suspect, or where there’s a reasonable chance of the witness being able to do so and
  • the eyewtiness hasn’t already been given an opportunity to identify the suspect in an approved id procedure and
  • there’s an issue of identity where the suspect disputes being the person the witness claims to have seen committing an offence
96
Q

what are the exceptions to the general rule of an identification procedure

an id procedure need not be held if

A
  • it’s not practicable to hold any such procedure
  • any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence
97
Q

what are the examples of where the procedure would serve no useful purpose (provided in code d)

A
  • where the suspect admits being at the scene of the crime and gives an account of what took place and the eyewitness didn’t see anything which contradicts that
  • when it’s not disputed that the suspect is already known to the eyewitness who claims to have recognised them when seeing them commit the crime
98
Q

an id procedure may also be held if the officer in charge of the investigation, after consultation with the id officer considers it would be useful - true or false

A

true

99
Q

whether an identity procedure will be held depends on whether…

A

whether the suspect is known and available

100
Q

what is meant by a suspect being known and available

A

a suspect is considered known for these purposes where the police have sufficient info to justify a persons arrest due to their suspected involvement in committing an alleged offence

a suspect is available if they’re immediately or within a reasonably short period of time, willing to take part in an identification procedure

101
Q

if the suspects identity is unknown, what may the police officer do

A

they may take the eyewitness to a particular area in an attempt to identify the alleged offender - the eyewitness may, complying with the relevant guidelines, also be shown photos of potential suspects

102
Q

if the suspects identity is known and they are available - what may the police do

A

they will likely want to carry out an id procedure when a suspect is known and available

103
Q

if the suspects identity is known but they’re unavailable what may the police do

A

where a suspect is known but is either not immediately available or likely to be available in a short period of time the id officer may proceed to conduct covert id procedures or id procedures without the suspects consent (such as group id or confrontation)

104
Q

if a suspect refuses to participate in an id procedure - what will they be treated as

A

known but not available

105
Q

if a suspect refuses to participate, their refusal may be adduced in evidence at any subsequent trial, and the police may conduct a covert procedure (ie carrying out an id procedure without the suspects consent or knowledge) - true or false

A

true

see practice example

106
Q

what are the four primary types of id procedure where a suspect is known and available

A

1 - video identification
2 - identification parade
3 - group identification
4 - confrontation

107
Q

what is the approach adopted by the police when dealing with the types of id procedures

A
  • the suspect shall initially be invited to take part in a vid identification

this is so unless
- a video id isn’t practicable
- an id parade is both practicable and more suitable than video
- officer in charge of investigation considers group id is more suitable than video id or id parade and identification officer considers it practicable to arrange

108
Q

the id officer and officer in charge of investigation shall consult each other to determine which option is to be offered - true or false

A

true

109
Q

what is video identification

A

police may conduct video id ordinarily with suspects consent

eyewitness is shown a selection of portrait images on a computer screen including image of suspect - individuals whose images make up the selection will visually resemble the suspect and witness indicates if and when they see the image of the person they believe they saw commit the offence

this procedure us usually carried out when suspect is known and available or known but not available but photos have been previously obtained

110
Q

what is identification parade

A

when this takes place, the suspect is lined up with others who are visually similar to them - eyewitness will indicate which individual, if any, is the person they believe they have seen

111
Q

what is confrontation

A

a measure of last resort

when the suspect is directly confronted by the eyewitness

this method may be adopted when the suspect refuses to consent to an id procedure, and thus is considered known but not available

111
Q

does confrontation require the suspects consent

A

no it is also less controlled

112
Q

what is group identification

A

similar to id parade but without the same control

this is when an eyewitness sees the suspect in an informal group of people - during the procedure the id officer must reasonably expect that over the period the witness observes the group, the witness will be able to see, from time to time, a number of others (in addition to the suspect) whose appearance is broadly similar

113
Q

revision tip

A

think about relevant advantages and disadvantages of these procedures

PACE 1984 CODE D provides - id parade may not be practicable because of factors relating to witnesses number, health, availability and travelling requirements

video id would be more suitable if it could be arranged and completed sooner than an id parade

114
Q

all id procedures must be presided over by which officer

A

by an identification officer

115
Q

what does an identification officer do and are they part of the investigation

A

the identification officer is independent from the main investigation

they oversee the id procedure and ensures that PACE 1984 code d is complied with

116
Q

which rank must an id officer be

A

must be of the rank of at least inspector

any duties imposed must be performed as soon as practicable

117
Q

regardless of the type of procedure carried out, all suspects who may be subject to an id procedure will need to be provided with notice - true or false

A

true

118
Q

prior to any id procedure being undertaken, what must the id officer explain to the suspect

A
  • purpose of procedure
  • relevant process for procedure including right to legal advice and to have sol or friend present
  • right to refuse to participate
  • consequence of refusing to take part
  • if appropriate any special arrangements for juveniles or vulnerable persons
  • fact that their sol will be provided with the initial description of the suspect as first given by eyewitnesses
119
Q

what must be recorded in the written notice which the id officer provides to the client

A

what the id officer explains to the client (as above)

120
Q

video identification - pace 1984 code d annex a

examples of procedure from the code

A

the set of images must include the suspect and at least 8 t people who, so far as possible, resemble the suspect in age, general appearance and position in life

121
Q

identification parade - pace 1984 code d annex b

A

may take place either in a normal room or one equipped with a screen permitting witnesses to see members of the identification parade without being seen

122
Q

group identification - pace 1984 code d annex c

A

the place where the group identification is held should be one where other people are either passing by or waiting around informally (eg people leaving an escalator)

123
Q

confrontation - pace 1984 code d annex d

A

this must take place in the presence of the suspects solicitor, interpreter or friend unless this would cause unreasonable delay

124
Q

before a suspect is interviewed, and if the suspect wishes to exercise the right to legal advice, it’s likely that they will consult privately with a solicitor - at this stage and following a conference with the suspect, what should the solicitor do

A

review the custody record
- speak with the custody officer
- assess the evidence
- take instructions
- advise the suspect primarily on whether they should answer police qs

125
Q

advantage of answring police qs

A

a client may benefit from answering police qs in that it will allow them to set the record straight and put their case forward clearly

126
Q

disadvantage of answering police qs

A

a suspect may say something incriminating or undermine their own credibility

127
Q

determining whether to answer police qs - case is weak and there’s insufficient evidence to prove allegation

A

a no comment interview may be appropriate to avoid the risk of the client revealing any incriminating info and will often involve police choosing not to pursue the matter further (if their evidence is indeed weak)

128
Q

determining whether to answer police qs - inadequate police disclosure to solicitor

A

a no comment interview given may be appropriate given the fact that the sol has been unable to perform a proper view of the strength of the police’s case

129
Q

determining whether to answer police qs - client will likely perform poorly in interview

A

clients age lack of maturity or vulnerability may mean that answering police qs will be detrimental to them

130
Q

What must the solicitor advise their client of when it comes to interviews (any rights?)

A
  • right to silence
  • potential adverse inferences that may be drawn from silence
131
Q

in criminal proceedings, is it for the prosecution to prove someone is guilty of an offence or a defendant to prove their innocence

A

prosecution to prove someone is guilty of an offence

132
Q

right to silence

A

suspect has the privilege against self incrimination - in practice this means a suspect isn’ obliged to answer police qs

133
Q

a suspect doesn’t need to say or prove anything which may assist the police - true or false

A

true however exercising the right to silence may have potential consequences

134
Q

after consulting with a suspect, the solicitor may advise them of three things …

A

1 - remain silent
2 - answer qs
3 - make a prepared statement

135
Q

what is a prepared statement

A

the suspect may decide to make a prepared statement and offer it to the police instead of directly answering qs at interview

this is common where the sol is concerned that the client will perform poorly in the interview or if they are vulnerable

a prepared statement may be sparse or detailed and usually sets out the suspects position

136
Q

can the police still ask the suspect qs if they have a prepared statement which has been read out

A

yes but the suspect will tend not to answer those qs if a prepared statement has been used

137
Q

a suspect may be liable to have inferences drawn from their silence at interview if they later rely on a fact in their defence at trial - true or false

A

true (adverse inferences)

138
Q

if a suspect remains silent on the advice of a solicitor, but later relies on a fact at trial which wasn’t mentioned, but was reasonable to mention when questioned under caution before or on charge - is the suspect immune from having adverse inferences drawn

A

no not necessarily

139
Q

if the suspect genuinely relied on the advice of a solicitor to remain silent but had a good defence - inferences may or may not be drawn?

A

inferences may not be drawn

140
Q

if the arbiter of fact (mag or jury) takes the view that the reliance on legal advice wasn’t genuine but merely used by the suspect as a screen to hide the fact that they have no defence - inferences may or may not be drawn

A

inferences may be drawn

141
Q

which code of pace 1984 is police caution included in and when must this be administered

A

pace 1984 code c
must be administered on arrest and before every interview

142
Q

what is the standard police caution

A

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.

143
Q

is minor deviation of the standard police caution wording permitted

A

yes but the substance of the caution must be understood by the suspect

144
Q

where a suspect offers a prepared statement to the police, will this negate the possibility for adverse inferences to be drawn

A

no

145
Q

if a statement has been prepared and used, and a constable has asked s q which the statement doesn’t address, but the suspect later advances a fact at trial which they rely on, and which could have been given in response to that original q - can inferences still be drawn

A

yes inferences may still be drawn

146
Q

the procedure for interrogating suspects is governed primarily by PACE 1984 - which codes?

A

codes C and E

147
Q

who will initially interview a suspect to further their investigation

A

police or investigating authority

148
Q

what is an interview defined as in code c (in criminal proceedings)

A

the questioning of a person regarding their involvement or suspected involvement in a criminal offence, which must be carried out under caution

149
Q

before a suspect is interviewed, it’s imperative that they’re deemed fit for interview - a suspect is considered unfit to be interviewed if it appears that they’re unable to…

A
  • appreciate the significance of the qs which are put to them or their answers to the qs
  • understand what’s happening due to the influence of drugs, alcohol or any medical illness, ailment or condition
150
Q

where should any concerns regarding a suspects fitness to be interviewed be noted

A

they should be noted in the custody record and steps should be taken to ascertain a suspects fitness for interview

151
Q

if a police officer arrests a person, the arrest shouldn’t be delayed in order to question the suspect beforehand - true or false

A

true

152
Q

following arrest, the suspect will be interviewed - where must this arrest take place

A

this must take place at a police station or authorised place of detention

153
Q

the interview must take place at a police station or authorised place of detention unless the delay in taking the suspect to a police station or an authorised place of detention would likely

A
  • lead to interference with or harm to evidence connected with an offence, or interference with or physical harm to other persons, or serious loss of or damage to property
  • lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it
  • hinder the recovery of property obtained in consequence of the commission of the offence
154
Q

exam warning - if an interview takes place anywhere but a police station or authorised place of detention due to one of the factors mentioned, is it true that the interview must cease once the relevant risk has been averted or the necessary qs have been put forward to avert the risk

A

yes true

155
Q

which code of pace 1984 dictates the conduct of an interview

A

pace 1984 code c

156
Q

summary of conduct of interview

A
  • reminder of right to legal advice: immediately prior to the start of an interview, and unless it has been delayed for a valid reason, the suspect is to be reminded of the right to free legal advice and that the interview can be delayed for the suspect to obtain legal advice; any vio of a suspects right to free legal advice may lead to any evidence being excluded
  • commencement of interview and caution : the interviewing officer will then begin the interview and will first caution the suspect
  • significant statement or silence: following the caution, the interviewing officer will be put to the suspect any sig statement or silence (if applicable)
    the interviewing officer must ask the suspect whether they confirm or deny that earlier statement or silence and if they want to add anything
157
Q

key term - significant statement or silence

A

in some instances a sig statement is a statement which the suspect made in the presence and hearing of a police officer or other police staff, which hasn’t been put in the course of a previous interview that may be capable of being used in evidence and a possible admission of guilt

158
Q

example of significant statement or silence

A

a suspect may explain on arrest that they attacked the complainant but claim that they acted in self defence

159
Q

when does significant silence occur

A

when the suspect fails or refuses to answer a q or answer satisfactorily when under caution

160
Q

nature of police questioning - whilst there’s no particular guidance on how interviews are to be conducted, no officer must

A
  • attempt to obtain answers through opression
  • indicate what action the police will take in the event of a suspect refusing to answer a q or make a prepared statement unless the suspect directly asks such a q
161
Q

how much rest should those in police custody have between interviews

A

eight hours undisturbed rest

162
Q

when must breaks from interviewing be given

A

they should be made at recognised meal times or at other times that take account of when the suspect last had a meal - short refreshment breaks must be provided at approx 2 hour intervals

163
Q

generally when should interviews cease to continue

A

when the officer responsible for conducting the investigation is satisfied that all of the qs that are deemed relevant to obtaining accurate and reliable info about the offence have been put to the suspect

FLK 2 CRIMINAL LAW (10 decks)

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