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FLK2 - Criminal Practice > Arrival at the Police Station > Flashcards

Arrival at the Police Station Flashcards

1
Q

what are the relevant COP?

A
  • Code C  detention
  • Code D  identification
  • Code E  audio recording interviews
  • Code F  visual recording with sound interviews
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2
Q

who is a volunteer?

A

the police ask V to voluntarily attend the station to answer questions where they do not have enough evidence or arrest is not necessary.

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3
Q

what rights does a volunteer have?

A

o Can request a friend or legal rep to be present for the interview
o Entitled to leave at will unless placed under arrest
o Will be informed immediately if placed under arrest

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4
Q

when must S be taken to the police station?

A
  • A suspect (S) must be taken to the police station as soon as practicable after the arrest unless the arresting officer grants street bail
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5
Q

when must S be brought before a custody officer?

A
  • S must be brought before the custody officer (CO) as soon as practicable after arrest (or when answering bail)
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6
Q

what is the custody officer’s rank?

A

o CO is a rank of at least sergeant and not involved in the investigation

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7
Q

what is the custody officer’s role?

A

o CO is responsible for authorising detention and supervising welfare
* CO must tell S about their ongoing rights in custody

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8
Q

what are S’ rights in custody?

A

o Right to consult privately with a solicitor and free legal advice is available
o Right to tell someone where you are
o Right to medical help if unwell
o Right to read COPs
o Right to see a written notice of other rights
o Right to be informed about the offence; any further offences they are arrested for whilst in custody; and why they have been arrested & detained

  • S can exercise these at any time
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9
Q

re: right to legal advice (s58)

when must please action a request for legal advice?

A
  • The police must action this as soon as practicable once requested by S
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10
Q

re: right to legal advice (s58)

who can give S legal advice?

A
  • S can use a privately paid solicitor (and must be told they may need to pay for any phone call).
  • In all other cases, the police must contact the Defence Solicitor Call Centre (DSCC) (even if S asks for a specific solicitor/firm).
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11
Q

re: right to legal advice (s58)

how does legal advice from the DSCC work?

A

o DCSS decide if telephone advice is sufficient or if a solicitor needs to attend
o Telephone advice is provided by a solicitor/accredited police station representative through the Criminal Defence Direct (CDD)

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12
Q

re: right to legal advice (s58)

what happens when S’s solicitor attends the station?

A
  • If S’s solicitor attends the station, S must be informed and asked if they would like to see the solicitor (even if they are currently in an interview / previously declined advice)
    o Solicitor’s attendance and S’s decision must be noted in the custody record
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13
Q

re: right to legal advice (s58)

what must the police not do?

A
  • The police must not do/say anything to dissuade S from obtaining legal advice
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14
Q

re: right to have someone informed of your arrest (s56)

explain this

A
  • i.e. the right to request to have one person who is known to S be told as soon as practicable that S has been arrested
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15
Q

re: right to legal advice (s58)

when can this be delayed?

A

permissible where S has been arrested for an indictable offence and must be authorised by an officer of at least super intendent rank

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16
Q

re: right to have someone informed of your arrest (s56)

when can this be delayed?

A

permissible where S has been detained for an indictable offence and must be authorised by an officer of at least the rank of inspector

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17
Q

what does ‘indictable offences’ include?

A

indictable offences include either-way and indictable-only offences

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18
Q

re: delaying s56 & 58

on what basis these rights be delayed?

A

In either case, the respective officer must have reasonable grounds to believe that if S exercises this right at this time it will lead to:
o Interference with or harm to evidence connected to the offence;
o Interreference with or physical injury to another;
o Another suspect who has not yet been arrested being alerted;
o Hinder the recovery of property obtained as a result of the offence

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19
Q

re: delaying s56 & 58

can this be delayed orally?

A

Authorisation can be orally but must be confirmed in writing as soon as practicable.

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20
Q

re: delaying s56 & 58

how long can this be delayed for?

A

can be delayed for max 36 hours from the ‘relevant time’, this is the earlier of:
o The time the person arrives at the police station; or
o 24 hours after their arrest

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21
Q

re: custody record

who opens the custody record?

A

the custody officer

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22
Q

re: custody record

what must this contain?

A

CO must open a custody record, which includes:
o S’s name, address, number, DOB and occupation
o Offence and reasons for arrest
o Time of arrest and arrival at the station
o Why S’s ongoing detention has been authorised and the time of this
o Confirm S has been told their rights and whether they want legal advice
o Details of property on them and any medical conditions they suffer with
o Solicitor’s attendance and any of S’s comments

  • A detention record will be attached to the custody record.
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23
Q

re: custody record

what does the detention record include?

A

o This sets outs significant events which happen whilst S is in custody

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24
Q

re: search of suspect

who authorises this and to what extent?

A

CO will authorise a search to the extent necessary to ascertain items in S’s possession.

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25
Q

re: search of suspect

what can be seized and on what basis?

A

CO can only seize clothes and personal effects if they have reasonably grounds to believe:
o They may be evidence; or
o S may use them to: injure another, damage property, interfere with evidence or assist them to escape

  • CO must make a record of the items.
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26
Q

re: decision to detain

what is the general rule when dealing with a S?

A
  • S must be dealt with expeditiously and released as soon as the need for detention no longer applies
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27
Q

re: decision to detain

what is the CO’s role?

A
  • CO must determine if there is sufficient evidence to charge the suspect for which they have been arrested.
  • CO must not ask S about their involvement in the offence but must write any comments made by S in the custody record about the account given by the arresting officer for the reasons for the offence
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28
Q

re: decision to detain

how will the CO come to a decision?

A
  • CO will ask the investigative officer (IO) (usually in front of S) about details of evidence already in possession. If there is not any, IO must explain what steps they propose to take (i.e. investigative procedures) if further detention (before charge) is authorised
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29
Q

re: decision to detain

what should happen if there is enough evidence?

A

S should be charged straight away and either released on bail to appear at the Mags or remanded in custody until they can be brought before the Mags

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30
Q

re: decision to detain

what should happen if there is not enough evidence?

A

S should be released (with or without bail) unless the CO has reasonable grounds to believe detaining S without charge is necessary to (i.e. grounds for detention):
 Secure/preserve evidence (i.e. premises search); or
 To obtain such evidence by questioning

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31
Q

re: decision to detain

what are the grounds to detain without charge?

A

there is reasonable grounds to believe detaining S without charge is necessary to (i.e. grounds for detention):
 Secure/preserve evidence (i.e. premises search); or
 To obtain such evidence by questioning (most common ground)

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32
Q

re: decision to detain

when must D be released?

A

o S must be released immediately if the detention ground(s) ceases to apply

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33
Q

re: detention

what are the conditions for detention?

A
  • The cell must be adequately heated, cleaned, ventilated and lit
  • Bedding must be of a reasonable standard and in clean and sanitary condition
  • S must have access to a toilet and washing facilities
  • S must be offered two light meals and one main meal in any 24 hour period
  • Drinks are to be provided at meal time & upon reasonable request in between
  • S should be offered brief outdoor exercise daily if practicable
  • S should be visited in their cells at least every hour
  • CO must arrange clinical attention as soon as reasonably practicable if S appears to be suffering from physical or mental illness/needs clinical attention
34
Q

re: detention

what is the detention/custody clock?

A

these are the time limits for pre-charge detention

S cannot be detained for more than 24 hours from the ‘relevant time’ without being charged

35
Q

re: detention

what are the ‘relevant times’?

A

S attends the station voluntarily and is arrested at the station > Time of arrest

S attends the station to answer street bail granted under s30A > Arrival at the station

S is arrested away from the station > Arrival at the station*

*Exception > if S is police detention in one area (Area 1) and his arrest for an offence is sought in another police area (Area 2), and he is taken to Area 2 (without having been questioned in Area 1). The relevant time is the earlier of:
o 24 hours after leaving Area 1; or
o Time of arrival at the police station in Area 2

36
Q

re: detention

what must the police do within the relevant time?

A

Within the ‘relevant time’, the police will either:
o Release the suspect under investigation (RUI);
o Bail to suspect before charge (pre-charge bail);
o Charge the suspect within the 24 hour period (consider post-charge bail)
o Extend the detention period
o Give: an informal warning, penalty notice, simple or conditional caution, written charges

37
Q

re: detention

explain when the detention period can be extended

A
  • s42  detention can be extended up to 36 hours (i.e. +12 hours on top of 24 already allowed) from the relevant time where authorised by a superintendent
  • s43  police can apply to the Mags for a warrant of further detention. Can be for a period as the court sees fit, but for a max. of 36 hours (i.e. S could be detained for a total of 72 hours)
  • s44  police can apply to extend s43 warrant. Can be for a period as the court sees fit but no longer than 36 hours or end later than 96 hours after the relevant time
    o In effect, police can obtain max 4 days before S must be released/charged
38
Q

re: detention

on what grounds can the detention period be extended?

A

there must be reasonable grounds to believe:
o Detention without charge is necessary to secure/preserve evidence relating to the office or to obtain such evidence by questioning S;
o It is an indictable offence; and
o The investigation is being carried out diligently and expeditiously

39
Q

re: detention

how can detention be extended up to 36 hours?

A
  • s42  detention can be extended up to 36 hours (i.e. +12 hours on top of 24 already allowed) from the relevant time where authorised by a superintendent
40
Q

re: detention

how can detention be extended up to 72 hours?

A
  • s43  police can apply to the Mags for a warrant of further detention. Can be for a period as the court sees fit, but for a max. of 36 hours (i.e. S could be detained for a total of 72 hours)
41
Q

re: detention

how can detention be extended up to 96 hours?

A
  • s44  police can apply to extend s43 warrant. Can be for a period as the court sees fit but no longer than 36 hours or end later than 96 hours after the relevant time
42
Q

re: detention

what is the longest time D can be detained for?

A

o In effect, police can obtain max 4 days before S must be released/charged

43
Q

re: detention

what is the review clock?

A

periodic reviews to ensure the grounds for detention still apply

44
Q

re: detention

what are the review periods?

A

o 1st review  within 6 hours of CO authorising the detention (NB: not when S first arrived at the station)
o 2nd review  within 9 hours of the first review
o Further reviews  at least every 9 hours

45
Q

re: detention

what happens if the review periods are not undertaken?

A
  • If the review is not carried out, detention after this time amounts to the tort of false imprisonment
46
Q

re: detention

who carries out the review clock?

A
  • Must be carried out by an inspector or above not involved in the investigation
47
Q

re: detention

explain the police’s investigative powers

A
  • Once detained, the police can take any of the following steps to secure, preserve or obtain evidence: audible interviews, identification procedures, fingerprints and samples (the latter 3 without consent if not given)
48
Q

re: suspects with additional needs

what S may have additional needs?

A

Juveniles (J)
Vulnerable Clients
Clients with a Disability / Non-English Speakers

49
Q

re: suspects with additional needs

who is a juvenile?

A
  • Anyone aged 10 - 17 inclusive (the police should treat anyone who appears to be under 18 as a juvenile unless there is contrary evidence)
50
Q

re: suspects with additional needs

what must the CO do in relation to J?

A
  • The CO must, if practicable, find out who is responsible for J, i.e.:
    o Parent/guardian;
    o Any person who has assumed responsibility for J (i.e. LA or otherwise)
  • This person must be informed as soon as practicable of J’s arrest, why and where they are being detained. This cannot be delayed.
  • If J is subject to a court order (i.e. a supervision order), CO must take reasonable steps to notify that person (called the ‘responsible officer’)
51
Q

re: suspects with additional needs

who is a ‘vulnerable client’?

A
  • S has a mental health condition/disorder which affects their ability to understand, communicate effectively, fail to comprehend etc
52
Q

re: suspects with additional needs

what must CO do in relation to Ss who are blind / have a visual impairment?

A

CO must ensure someone who is not involved in the investigation (i.e. appropriate adult, relative, solicitor) to help S check any documentation

53
Q

re: suspects with additional needs

what should the police do when they think S may be vulnerable?

A
  • If the police suspect S may be suffering with such a condition, they should be treated as such until there is evidence to the contrary
54
Q

re: suspects with additional needs

what must CO do in relation to Ss who are deaf / do not speak or understand English?

A

CO must obtain an interpreter / someone to assist with communication

55
Q

re: appropriate adult

generally, who is this?

A

the person who attends the station to assist J or MHS

56
Q

re: appropriate adult

who is the AA for a juvenile?

A

the police should contact the below in this order to be the AA:
o Parent, guardian or, if in LA care LA representative
o If the above are not available, a social worker
o If neither are available, any person aged 18 or over and not connected to the police (i.e. aunt or uncle). If someone is just over 18, the police may conclude they are not sufficiently responsible to fulfil the role

57
Q

re: appropriate adult

who is the AA for a MHS?

A

the police should contact the below in this order to be the AA:
o Relative, guardian or other person responsible for their care;
o Someone experienced in dealing with vulnerable people;
o Some other responsible adult

58
Q

re: appropriate adult

who cannot be an AA?

A

o The solicitor
o Police officer / staff
o Any interested party i.e. victim, another S, potential W (i.e. J’s mother couldn’t be the AA if she was the victim)
o Any person J has made admissions to prior to them being asked to be the AA
o An estranged parent if J expressly objects

59
Q

re: appropriate adult

what should the CO do in the AA’s presence?

A
  • The CO should explain S’s rights whilst at the station in the AA’s presence / repeat them if they were already explained to S before they arrived
60
Q

re: appropriate adult

what is the role of the AA?

A

o Have a positive and important role
o Ensure S understands what is happening to them and why
o Support, advise & assist S, particularly in questioning (AA should intervene if they think S has not understood the question and ask for clarity)
o Ensure S understand their rights and role AA plays in protecting those
o Observe whether the police are acting properly, fairly and respecting rights
o Assist with communication between S and police
o Consider whether legal advice is required.

61
Q

re: appropriate adult

what should the solicitor say to the AA?

A
  • The solicitor should explain the role to the AA and also that they should not answer questions on behalf of S
62
Q

re: appropriate adult

what power does AA have in relation to S accessing a solicitor?

A

AA has the right for a solicitor to attend if it is in S’s best interests (even if S has declined), but S cannot be forced to see them

63
Q

re: appropriate adult

is AA likely to be present for a discussion between S and their solicitor?

A
  • It is S’s choice, but AA is unlikely to be present for a private consultation between the solicitor and S because the AA is not bound by DOC
  • The role of the AA is not to provide legal advice and discussions between AA and S are not legally privileged
64
Q

re: role of the solicitor

what is their main role at the station?

A

to protect and advance the legal rights of the client i.e. advising the client to avoid giving evidence to strengthen the police’s case

65
Q

re: role of the solicitor

what will the solicitor do at the station?

A
  • They will speak to the custody officer, investigating office and then client
66
Q

re: role of the solicitor

what information will the CO give them?

A

CO will give the solicitor basic information about the detention, and allow inspection of the custody record & detention log.

67
Q

re: role of the solicitor

what must the solicitor determine from the information provided by the CO?

A

o Client’s basic details (if not already known)
o Alleged offences S
o Time the CO authorised detention and the reason
o Any significant comments made by S
o Any samples, finger prints or footwear impressions taken
o Any interview or identification procedure taken place
o If S has a mental of physical disability / requires an appropriate adult
o Any illness they may be suffering from, if the vulnerable or that they require medical treatment (inc. effect of alcohol/drugs)
o Any significant items found as a result of a search of S or premises
o Details of any detention reviews

68
Q

re: role of the solicitor

is the solicitor allowed a copy of the custody record?

A
  • Code C allows a legal rep/appropriate adult to request a copy of the custody record when S leaves the station or is taken before court. In practice they are usually given a copy when they first attend the station.
69
Q

re: role of the solicitor

what will the solicitor discuss with the investigating officer?

A
  • The solicitor will discuss: disclosure, significant statements/silent, next steps
70
Q

what is the position regarding disclosure?

A

IO is under no obligation to disclose information with the exception of before the interview

S/S’s solicitor must be given sufficient information to be able to understand the nature of the offence and why S is suspected of committing it. This does not require disclosure of information which may prejudice the criminal investigation.

71
Q

who decides what information is disclosed? what is the procedure?

A

o Investigating officer (IO) will decide what information is to be given.
o The information disclosed and time must be recorded.
o IO may: orally summarise w/s, allow the solicitor to view the w/s or provide a disclosure statement (most common)

72
Q

what is the solicitors role regarding disclosure?

A

The solicitor should try to obtain as much information as possible and find out if any significant statements were made

73
Q

re: role of the solicitor

what will the solicitor discuss with the investigating officer?

A

disclosure, significant statements and next steps (i.e. any interview, identification procedure)

74
Q

re: role of the solicitor

what must the solicitor discuss with the client?

A
  • Role and identity
  • Details of the alleged offence
  • Obtain instruction
  • Next steps explained by the IO
  • Prepare the client for interview
75
Q

re: role of the solicitor

what must the solicitor to the client explain in terms of their ‘role and identity?

A

even if explained on the phone, the solicitor must explain:
o That they are there to provide free, independent legal advice
o They have no connection with the police
o Their only role is to protect and advance their rights
o Anything said will be confidential (even after the solicitor stops acting) although they are bound by certain professional conduct rules

76
Q

re: role of the solicitor

what must the solicitor to the client explain in terms of the alleged offence?

A

i.e. what IO said, explain the substantive law

77
Q

re: role of the solicitor

what should the solicitor do in terms of instructions?

A

note instructions and advice given on essential issues

78
Q

re: role of the solicitor

what does preparing the client for interview involve?

A

inc.: safest interview option, prepare a written statement (if applicable), explain interview and solicitor’s role during it

79
Q

give a summary of the superintendent’s authority

A

1.Authorise continued detention from 24 hours to 36 hours
2. Delay access to legal advice

80
Q

give a summary of the inspector’s authority

A
  1. Delay right to contact a friend or relative
  2. Review detention after 6 hours and thereafter at 9 hourly intervals
  3. Responsible for conducting identification procedures
81
Q

give a summary of the sergeant’s authority

A

Can be the custody officer, which involves:
* Authorise detention and supervise welfare
* Open up custody record
* Give suspect their rights
* Authorise search on arrival
* Decide whether or not to charge/release on bail/keep in custody

FLK2 - Criminal Practice (11 decks)

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