Advising clients, including vulnerable clients, about the procedure and processes at the police station

Question 1

What are the two key points to note about the custody record?

Answer 1

1. a suspect’s custody record can be inspected at the request of a suspect, their solicitor, or appropriate adult, at any time whilst the suspect is in custody
2. a copy of the custody record can be obtained when the suspect is released from custody upon request

Question 2

What are the grounds in which a custody office may detain a suspect in police custody without being charged?

Answer 2

a) to secure or preserve evidence relating to an offence for which the suspect is under arrest;
b) to obtain such evidence by question the person

Question 3

What PACE code primarily governs the treatment of suspects in custody?

Answer 3

Code C

Question 4

All suspects are entitled to free, in person advice unless what?

Answer 4

The punishment for the offence for which the suspect is being held in police custody is non-imprisonable.

Question 5

Once legal advice has been accepted or requested when should a suspect be permitted to consult with a solicitor?

Answer 5

As soon as practicable subject to the power of delay

Question 6

What rank of officer may delay a suspect’s access to consult with a solicitor?

Answer 6

Superintendent

Question 7

When can a suspect’s access to a solicitor be delayed?

Answer 7

If the suspect has been arrested for an indictable offence (included IO and EW offences) and the officer has grounds to believe exercising the right to legal advice will:
- lead to interference with or harm to evidence connected with the offence, or interference or physical injury to other persons
- lead to alerting other suspected of having committed such an offence who have no yet been arrested for it

Question 8

How many hours must delay to access to legal advice not exceed?

Answer 8

36

Question 9

Which individuals may be informed as soon as practicable following a suspects arrest?

Answer 9

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

Question 10

What rank of officer can delay a suspect informing someone of their arrest?

Answer 10

Inspector

Question 11

For how long can a suspect’s right to inform someone of their arrest be delayed for?

Answer 11

36 hours

Question 12

When can a suspect’s right to inform someone of their arrest be delayed?

Answer 12

If the suspect has been arrested for an indictable offence (included IO and EW offences) and the officer has grounds to believe that informing someone of their arrest will:
- lead to interference with or harm to evidence connected with the offence, or interference or physical injury to other persons
- lead to alerting other suspected of having committed such an offence who have no yet been arrested for it
- the person detained has benefitted from their criminal conduct
- the recovery of value of the property constituting the benefit will be hindered by telling the named person of their arrest

Question 13

How long is the initial maximum time someone can be detained without charge?

Answer 13

24 hours from the relevant time

Question 14

What is the relevant time that starts the detention clock?

Answer 14

Usually when the arrested suspect arrives at the police station

Question 15

Can the detention clock be extended and if so, how?

Answer 15

Yes. A superintendent or above may authorise a 12 hour extension

Question 16

On what grounds can the detention clock be extended?

Answer 16

If the officer has reasonable grounds to believe 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
- offence for which the suspect has been arrested in connection to is an indictable offence
- investigation is being conducted diligently and expeditiously

Question 17

What is the police want to extend the detention clock past 36 hours?

Answer 17

They must seek a warrant from the magistrates’ court.

Question 18

What is the maximum amount of time the magistrates’ court can extend the detention clock for?

Answer 18

36 hours

Question 19

When do the police have to apply for the warrant to extend the detention clock?

Answer 19

Before the initial 36 hours have ended. The magistrates’ cannot extend a detention period that has already expired

Question 20

When must the first detention review take place before?

Answer 20

No later than 6 hours after detention was first authorised

Question 21

How does the review clock and the detention clock differ?

Answer 21

The review clock starts when the custody officer first authorises the detention, the detention clock starts at the arrival at the police station

Question 22

When the police carry out an identification procedure what must they comply with?

Answer 22

PACE code D

Question 23

When must an identification procedure take place?

Answer 23

If all three conditions are met:
1. an eyewitness has identified or claims to have identified a suspect, or there is a witness who claims they can identify the suspect or where there is reasonable change of the witness being able to do so AND
2. they eyewitness has not already been given an opportunity to identify the suspect in an approved identification procedure, AND
3. there is an issue of identity where the suspect disputes being the person the witness claims to have seen committing the offence

Question 24

Are there any exceptions to the general rule for identification procedures?

Answer 24

They need not be held if:
- it is not practicable to hold any such procedure, or
- any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence

Question 25

What happens if a suspect refuses to participate in an identification procedure?

Answer 25

Their refusal may be adduced in evidence at any subsequent trial and the police may conduct a covert procedure

Question 26

When may a solicitor advise a client to answer ‘no comment’ in an interview?

Answer 26

• the case is weak and there is insufficient evidence to prove the allegation
• inadequate police disclosure
• the client will likely perform poorly in interview

Question 27

Can the suspect remain silent in an interview?

Answer 27

Yes, they have the right to remain silent. It is for the prosecution to prove someone is guilty not for the defendant to prove their innocence.

Question 28

Where must an interview take place?

Answer 28

At a police station unless the delay taking a suspect there would likely:
- lead to interference with or harm to evidence or other persons or serious loss or damage to property
- lead to the alerting of other persons suspected of having committed an offence but not yet arrested
- hinder the recovery of property obtained in consequence of the commission of the offence

Question 29

The solicitor has a duty to act in the best interest of their client, the suspect, so what things can they do to ensure this?

Answer 29

• request the police disclose evidence mentioned in the interview
• challenge an improper question or the manner in which the question is put
• advise the client not to answer a question

Question 30

What must a juvenile or vulnerable adult have in an interview?

Answer 30

An appropriate adult