AT THE POLICE STATION

Question 1

All people interviewed at the police station are entitled to free legal advice at any time during detention. This can be in person, or satisfied via a phone call from where?

Answer 1

Defence Solicitors Call Centre (DSCC)

Question 1

What level of police officer must authorise a delay to legal advice?

Answer 1

A superintendent, or above, who must authorise the delay in writing.

Question 2

What are the 4 main grounds that would allow a superintendent to delay a defendants access to legal advice?

Answer 2

1. It would lead to interference with evidence
2. It would lead to interference with others
3. It would alert other suspects
4. It would hinder the recovery of property related to the offence

Question 3

What are the two catagories of offence that the defendant must be charged with to be able to have access to legal advice delayed?

Answer 3

Either way or indictable

Question 4

How long can a defendant have their right to legal advice delayed for?

Answer 4

36 hours at most

Question 5

How long can a defendant have their right to inform someone of their arrest delayed, and what level of officer has authority to delay this?

Answer 5

36 hours.

Authorised by an inspector or above.

Question 6

What is the basic time limit that a defendant can be kept in custody prior to being charged?

Answer 6

24 hours

Question 7

At what point does the “relevant time” clock start to tick?

Answer 7

When the defendant enters the police station.

Question 8

The 24 hour time limit to hold a defendant can be increased by 12 hours by an officer of superintendent rank or higher, on what basis?

Answer 8

• that a further period of detention is necessary for preserving evidence, or obtaining evidence by questioning.

AND

• that investigations are proceeding diligently and expeditiously

Question 9

On application for a warrant, magistrates may grant an extension to an absolute maximum of how many hours?

Answer 9

96 hours

Question 10

When must an identification procedure be held?

Answer 10

When a witness has claimed to identify a suspect.

Question 11

Does a suspect need to co -operate with an identification procedure?

Answer 11

No. But a failure to co-operate could lead to the procedure being conducted covertly and the failure to co-operate could be raised at trail.

Question 12

What are the 4 main types of identification procedure?

Answer 12

1. Video identification
2. Identification parade
3. Group identification
4. Confrontation

Question 13

What are the key requirements when creating a video identification procedure?

Answer 13

All of the individuals taking part in the parade must be of a similar appearance to the suspect, and any distinguishing features must be concealed.

Question 14

If there is a breach of the rules regarding identification procedures, when may the court exclude evidence from those procedures?

Answer 14

If the admission of the evidence would have an adverse effect on the fairness of proceedings.

Question 15

Is a suspect entitled to have a legal representative present at interview?

Answer 15

Yes

Question 16

The suspect must receive a caution prior to the interview commencing, what information must the caution cover?

Answer 16

1. that the suspect has a right to legal representation
2. that the suspect has a right to remain silent and is under no obligation to answer questions
3. that anything they do say may be used against them at trial
4. that if they fail to mention something that the later rely on in court it may harm their defence.

Question 17

What kind of suspect would be considered a vulnerable suspect for the purposes of police questioning?

Answer 17

Minors under the age of 18, or those with a mental health disorder or disability.

It is the custody officers responsibility to identify such suspects who are vulnerable.

Question 18

Who are vulnerable suspects entitled to have present during questioning?

Answer 18

An appropriate adult.

Question 19

Custody officers must ensure that interview at the police station is not conducted via oppression. What kind of behaviours does oppression include?

Answer 19

Degrading treatment or torture, or the use or threat of violence, or inducement to confess.

Question 20

What is the solicitors role at the police station?

Answer 20

To protect and advance the legal rights of their client, however they cannot be obstructive to the interview process otherwise they may be removed by a superintendent.