Advising clients, including vulnerable clients, about the procedure and processes at the police station Flashcards
What are the two key points to note about the custody record?
- 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
- a copy of the custody record can be obtained when the suspect is released from custody upon request
What are the grounds in which a custody office may detain a suspect in police custody without being charged?
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
What PACE code primarily governs the treatment of suspects in custody?
Code C
All suspects are entitled to free, in person advice unless what?
The punishment for the offence for which the suspect is being held in police custody is non-imprisonable.
Once legal advice has been accepted or requested when should a suspect be permitted to consult with a solicitor?
As soon as practicable subject to the power of delay
What rank of officer may delay a suspect’s access to consult with a solicitor?
Superintendent
When can a suspect’s access to a solicitor be delayed?
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
How many hours must delay to access to legal advice not exceed?
36
Which individuals may be informed as soon as practicable following a suspects arrest?
- relative
- friend
- other person known to them, or who is likely to take an interest in the suspect’s welfare
What rank of officer can delay a suspect informing someone of their arrest?
Inspector
For how long can a suspect’s right to inform someone of their arrest be delayed for?
36 hours
When can a suspect’s right to inform someone of their arrest be delayed?
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
How long is the initial maximum time someone can be detained without charge?
24 hours from the relevant time
What is the relevant time that starts the detention clock?
Usually when the arrested suspect arrives at the police station
Can the detention clock be extended and if so, how?
Yes. A superintendent or above may authorise a 12 hour extension
On what grounds can the detention clock be extended?
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
What is the police want to extend the detention clock past 36 hours?
They must seek a warrant from the magistrates’ court.
What is the maximum amount of time the magistrates’ court can extend the detention clock for?
36 hours
When do the police have to apply for the warrant to extend the detention clock?
Before the initial 36 hours have ended. The magistrates’ cannot extend a detention period that has already expired
When must the first detention review take place before?
No later than 6 hours after detention was first authorised
How does the review clock and the detention clock differ?
The review clock starts when the custody officer first authorises the detention, the detention clock starts at the arrival at the police station
When the police carry out an identification procedure what must they comply with?
PACE code D
When must an identification procedure take place?
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
Are there any exceptions to the general rule for identification procedures?
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
What happens if a suspect refuses to participate in an identification procedure?
Their refusal may be adduced in evidence at any subsequent trial and the police may conduct a covert procedure
When may a solicitor advise a client to answer ‘no comment’ in an interview?
- the case is weak and there is insufficient evidence to prove the allegation
- inadequate police disclosure
- the client will likely perform poorly in interview
Can the suspect remain silent in an interview?
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.
Where must an interview take place?
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
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?
- 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
What must a juvenile or vulnerable adult have in an interview?
An appropriate adult
