At the Station Flashcards
Who authorises the detention of a suspect? What is their role in the investigation?
The custody officer. The custody officer should have no involvement in the investigation of the offence.
What are examples of indictable only offences?
Murder, manslaughter, GBH (intent), robbery, aggravated burglary
What are examples of either-way offences?
Theft, fraud, burglary (bar aggravated), ABH, occasioning GBH, criminal damage.
What are examples of summary only offences?
Common assault and road traffic offences.
What are the ranks of police officers?
Constable;
Sergeant;
Inspector;
Chief Inspector;
Superintendent;
Chief Superintendent
What are the rights of the suspect at the station?
Right to legal advice;
Right to have someone informed of arrest;
Right to have an responsible adult present (if necessary)
Can the rights of the suspect be interfered with? Under what grounds and by whom can they be? (What type of offences)
Yes - provided S is arrested for an indictable offence.
Only if exercising the right will: (a) interfere with evidence/other persons; (b) alert others to the arrest who may be involved; (c) hinder the recover of any property obtained.
The right to legal advice can only be delayed by a superintendent+.
The right to have someone informed of arrest can only be delayed by an inspector+.
When may an interview be carried on if the suspect, who initially asked for legal advice, changes their mind and no longer requests legal advice?
(i) Inspector + speaks to the suspect;
(ii) the reasons for the change of mind are recorded in the custody record;
(iii) suspect confirms in writing they are happy to the interview being carried on without speaking to a solicitor;
(iv) suspect is reminded of their right to legal advice.
When does the ‘clock’ start for assessing the time limit for detention?
24 hours from:
- arrival, if arrested away from the station;
- arrest, if a volunteer attends the station.
How long can a suspect be detained? Can this be extended?
Up to 24 hours;
Superintendent+ can extend this to 36 hours;
Magistrates can extend past 36 hours to a maximum of 96 hours
What conditions must subsist for an extension of detention?
(i) Superintendent +;
(ii) Necessary to secure or preserve evidence // to secure evidence;
(iii) indictable offence;
(iv) investigation is carried out diligently and expeditiously
When is the first detention review?
6 hours from detention being authorised, by an inspector+;
9 hours after the initial review, it is reviewed again by an inspector +
What COP rules are relevant to the conduction of an interview?
(i) A caution;
(ii) The continuing right to legal advice;
(iii) Officer identifies any significant silence or statement;
(iv) Officer avoids ‘oppression’ e.g. raising voice, threatening suspect, standing over etc;
When is a no comment interview advised?
(i) Police have provided inadequate disclosure;
(ii) if the case is particularly complex or relates to events which occurred a long time ago;
(iii) if the suspect will not be good at interview/personal circumstances make it unlikely the suspect can properly participate in an interview.
Why would a solicitor advise a client to answer all the questions?
If the solicitor believes there is a strong defence, or that the suspect will come across well in interview, they may advise them to answer all questions to avoid adverse inferences at trial.
Though, a solicitor must be wary of the suspect being ‘tripped up’ in questioning.
How can a solicitor avoid the client giving a poor interview but also avoid adverse inferences at trial?
By providing a written statement instead which notes down the defence.
When should a solicitor intervene during the interview?
(i) questioning techniques are inappropriate;
(ii) police are behaving in an inappropriate manner; or
(iii) the client would benefit from private legal advice.
Can a solicitor represent co-defendants at the station?
Possible, but unlikely. It is likely to give rise to a conflict of interest unless the two are in complete agreement on every point
When must an ID procedure be held?
(a) when W has identified or purported to have identified S; or
(b) W thinks they can identify S, and S disputes being the person identified, and it is deemed to be practicable to hold an ID procedure.
When may an ID procedure be unnecessary?
If D doesn’t deny being at the scene;
if it is not disputed that D is known to W.
What are the four different types of ID procedures?
(i) Video ID (most common);
(ii) ID Parade;
(iii) group identification; and
(iv) confrontation
Can a suspect be compelled to be part of a Video ID or ID parade?
No.
Why should a suspect be advised to participate in a formal Video ID or in an ID parade?
Otherwise, a less satisfactory ID procedure will take place.
Also, refusal to take part is admissible at trial and can result in an adverse inference that D thought W would identify them.
What should a solicitor do at a video ID or ID parade?
- Ensure the others resemble the suspect;
- Check the witnesses are properly segregated;
- Take an account of the witnesses first record of the suspect
Solicitor must also keep a detailed record of what happens.
Witnesses should be informed that the suspect may or may not be involved in the procedure.
What are the COP rules regarding Video ID?
- At least 8 people;
- Shown images of the suspect and other people moving similarly;
- Suspect and solicitor given reasonable opportunity to object to the conduct of the procedure
- Witnesses must not communicate with each other regarding the procedure
How many people must be shown on Video ID where 2 suspects are shown?
12 other people (14 in total).
When are photographs used?
W states their first description of S then are shown at least 12 different photographs.
If identified from the photographs, no other witnesses should be shown them and W’s should progress to the formal ID procedures.
What specific right does a juvenile have at the station? Can it be delayed and if so by how much?
- Right to have a person responsible for their welfare informed of their arrest
- Right cannot be delayed
Who cannot act as an appropriate adult at the station?
- Police officers;
- Someone connected to the offence (e.g. a witness);
- a person to whom the juvenile has made admissions regarding the case to earlier;
- a solicitor
What are the (four) key roles of the appropriate adult?
(i) to support and advise the suspect;
(ii) to ensure a suspect understands their rights;
(iii) to observe police behaviour;
(iv) to assist communication
How could adverse inferences be drawn?
Through a suspect exercising their right to silence, often through the term ‘no comment’.
What adverse inference is drawn under normal caution?
S34 - Failure to mention something when questioned that is mentioned at trial
What adverse inferences are drawn under special cautions?
s36 - Failure to account for an object/item at the time of arrest;
s37 - Failure to account for presence at a place around the time of the offence
What are the five aspects of a special caution?
(i) what the offence was;
(ii) what the suspect is accounting for;
(iii) that the officer believes the fact may be because of the offence;
(iv) court may draw an adverse inference from failure to comply; and
(v) that a record is being made of the interview
