C11: Representing clients at police stations Flashcards
How could a legal executive become an accredited representative, to represent someone in a police station
Via the Police Station Accreditation Scheme, passing a test consisting of:
- a portfolio stage
- a written examination
- a taped critical incidents test
What are the 8 Codes of Practice from PACE 1984?
There are eight Codes of Practice, Codes A–H:
Code A – stop and search
Code B – searches of premises and seizure of property
Code C – the detention, treatment and questioning of persons by police officers
Code D – the identification of persons
Code E – the audio recording of interviews with suspects at police stations
Code F – the visual recording of interviews with suspects at police stations
Code G – the statutory power of arrest by police officers
Code H – the detention, treatment and questioning of persons under s41 Terrorism Act 2000
How do you remember the 8 Codes of Practice from PACE 1984? (Rosie-specific)
A = alpha male stop and search
B = bravo to the bee who searched premises and seized property
C = charlie from the chocolate factory in a police interview
D = delta airlines requiring identification to get on a plane
E = echo of audio recordings of interviews
F = foxtrot on Strictly being video recorded
G = golf course streaker being arrested
H = hotel for terrorists
What can the defendant argue if they have had evidence used against them which is in breach of PACE 1984?
That their right to a fair trial (Art 6) is compromised and the evidence could get ruled out.
What does Art 6 ECHR state?
Noone should be deprived of their liberty except in accordance with a procedure prescribed by law.
When would Art 8 be invoked?
When the police obtain evidence in violation of an individual’s right to privacy.
What is s1 PACE 1984?
Gives a constable the power to stop and search where they have reasonable grounds to suspect that the person is in possession of stolen or prohibited articles, e.g.
stolen articles
offensive weapons
articles used in theft/burglary
articles used in criminal damage
articles that are blades
prohibited fireworks
What is the two stage test to find out whether someone has reasonable grounds to suspect that a person is in possession of a stolent or prohibited article, from s1 PACE 1984 and Code A?
This test must be applied to the circumstances of each case:
- the officer must have formed a genuine suspicion that he or she will find the object for which the search power being exercised authorises the search;
- the suspicion must be reasonable.
Where can stop and search be carried out?
In places to which the public (or any section of it) have access.
Can a police constable stop and search a suspect in the garden of a dwelling?
Yes, if they don’t live there and they aren’t there with permission from the owner.
What must the police officer do when conducting a stop and search?
- Prove they are the police if not in uniform
- State their name and police station
- State the object and grounds of the search
- Make a record and provide a copy on request to the suspect, unless there are exceptional circumstances that make it wholly impracatible.
Does the suspect need to cooperate with a stop and search?
Cooperation must be sought, but reasonable force can be used as a last resort.
How much can the police search the suspect out in the open?
Only removing outer clothing, including jacket gloves and coat. More than that needs to be in a police van or at the police station.
Which piece of legislation allows police to stop and search the public where it is reasonably believed that violence may take place in an area, with authorisation by a senior officer of inspector.
s60 Criminal Justice and Public Order Act 1994 (CJPOA 1994)
Which Code applies to search warrants?
Code B - searches of premises and seizure of property
What does s8 PACE 1984 entitle a police officer to do?
To make an application for a warrant to a magistrate authorising the officer to enter and search premises.
What must the officer reasonably believe in order to get a warrant from a magistrate?
That an indictable offence has been committed
That there is substantially important material on the premises
That the material is likely to be relevant evidence
That the items don’t consist of items subject to legal professional privilege
What are the two types of search warrant?
Specific premises warrant - for a specific address
All premises warrant - all premises owned or occupied by the person named in the application.
When can a police officer always carry a search of the premises?
When they have been given written consent of a person entitled to grant entry to the premises.
What does s19 PACE 1984 state?
A police officer and seize anything on the premises if they have reasonable grounds for believing that:
- it has been obtained because of an offence
- it is evidence of an offence
DO you need a warrant to arrest someone?
No, but you can apply for a warrant if necessary. This is usually used for the prosecution to arrest the accused to compel court attendance.
What is the difference between a warrant not backed for bail and a warrant backed for bail?
Warrant backed for bail: the warrant instructs the police to arrest the person and then release them on bail subject to the obligation to attend court on the time and date on the warrant.
Warrant not backed for bail: the warrant instructs the police to arrest the person, who is kept in custody until the court date.
Which code and section of PACE must the power to arrest be exercised in accordance with?
Code G and s24 - the statutory power of arrest
What two key elemts must be present for an arrest under s24 PACE 1984?
- A person’s (suspected) involvement in the commission of an offence
- reasonable grounds for believing that the person’s arrest is necessary
Why would a police officer believe that an arrest was necessary?
- To get the name of the person
- To get the address of the person
- To prevent the person causing more harm
- To protect a child/vulnerable person
- To investigate the offence/conduct of the person
- To prevent the disappearance of the person
What is s28 PACE 1984?
A suspect must be told of the fact of their arrest and the grounds for it at the time or as soon as reasonably practicable thereafter. Otherwise the arrest is unlawful.
Which Code provides that the arrested person must be advised of their limited right to remain silent (‘cautioned’)?
Code C - detention, treatment and questioning of a suspect in a police station
What if the police officer does not caution the person on arrest or prior to questioning?
The evidence may be ruled as inadmissible.
What is street bail?
Where the police arrests someone and then allows the person out on bail at the scene of the arrest. They will be given a notice to come to the police station for questioning.
Can you search in a person’s mouth when conducting a s32 search?
Yes, so mouth and outer clothes.
What must a person ‘helping the police with their enquiries’ (i.e. a volunteer) be told before they give evidence?
The must be:
- cautioned
- told they aren’t under arrest
- told they can leave at any time
- told they can obtain free legal advice.
What must happen once the suspect is arrested?
They must be taken to a police station if detention will be for more than 6 hours.
What must happen when the suspect is taken into the police station?
They must be put in front of the custody officer, who has responsibility for their care whilst in custody.
What must a custody officer do?
- Keep a custody record
- Advise the suspect of their rights under PACE 1984 and give them a written notice of those rights
- Carry out a risk assessment (to identify vulnerable suspects)
- Order a search of the person or a test for drugs (if necessary)
Who can inspect a custody record?
The suspect’s solicitor and an appropriate adult.
Who decides whether there is sufficient evidence to charge the suspect?
The custody officer - or they will refer the decision to the CPS.
What are the time limits in PACE 1984 around detention without charge?
24 hours
If indictable (so either way or indictable only) offence, 36 hours
If Magistrates’ Court grants, 72 hours.
If Magistrates’ Court grant extension, 96 hours.
What is the role of a ‘review officer’?
A police officer with the rank of inspector or above, can review the suspect’s detention over the phone.
How soon must the first review be made after the detention was first authorised?
1st review: no longer than 6 hours after detention.
How often should reviews take place in custody?
After the first review, subsequent reviews should be at 9 hour intervals.
What rights must the suspect be told about according to PACE Code C?
- Their right to consult privately with a solicitor and to free independent legal advice
- Their right to have someone informed of their arrest
- Their right to be informed about the offence and why they have been arrested and detained.
AND given a written notice of these rights (or offered)
What is the DSCC?
The Duty Solicitor Call Centre
Who would fall into the ‘vulnerable’ client category?
Elderly clients
Juveniles
Language/learning difficulties
Drug or alcohol withdrawal symptoms
Which Code deals with ‘vulnerable persons’?
Code C - detention, treatment and questioning in a police station
If somebody looks under 18 but won’t disclose their age, how will they be treated?
As if they were a juvenile, until their age comes to light.
What is the procedure for dealing with a juvenile at the police station?
- Take steps to ascertain the identity of the person responsible for their welfare (their appropriate adult)
- Tell the appropriate adult about ground and place of detention as soon as practicable and asked to come to the police station.
What must a legal representative do as soon as they know they are representing them?
Ask the custody officer if the appropriate adult has been informed.
Can a juvenile be put in a prison cell?
Only if it is the last option and there are no other adults in a cell.
Is consent needed to get an inimate sample from a juvenile?
Yes, from their guardian up to 14 years old or their own consent and the guardian from 14-17 years old.
Who might the appropraite adult be?
Parent/guardian
Social worker
Another responsible adult
volunteer member of the National Appropriate Adult Network (NAAN)
Who cannot be the juvenile’s appropriate adult?
An estranged parent
Another person suspected of taking part in the crime
Child’s legal advisor
If the custody officer is unsure whether a suspect is suffering from a mental health problem, how must the suspect be treated?
If in doubt, they must treat the suspect as being vulnerable.
Can a mentally vulnerable person or those with a mental disorder have an appropriate adult with them?
Yes, they can. Usually a specialist social worker, or if not, someone not connected to the police.
What must the custody officer do before an interview?
They must assess whether the detainee is fit to be interviewed. Especially with a suspect who is drunk or under the influence of an illicit substance.
What is ‘phased disclosure’?
A technique the police use the withhold selected items of information to try and persuade a suspect to co-operate or to build a case against them.
How much information does the police have to disclose?
As much to allow the defence to understand the case and exercise its rights, but not enough to prejudice the investigation.
What are the 4 ways of acting in an interview?
Answering all questions
Answering some questions and not others
Putting forward a prepared statement and not answering questions
Staying silent
Where in legislation does it say about staying silent when charged?
CJPOA 1994 provides the caution:
You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.
What are the pros and cons to staying silent in an interview?
+ won’t self-incriminate if angry or trips up
- adverse inferences
What are the pros and cons to answering some questions and not others?
+ no pros
- adverse inferences when they go silent
What are the pros and cons to putting forward a prepared statement and not answering questions?
+ Avoid difficult questions without incurring adverse inferences
+ Good for angry, distressed clients
- None
What are the pros and cons to answering all questions?
+ If police believe story, could be end of the issue
+ No adverse inferences drawn
+ If admitting guilt, full credit given
Which 4 sections of which legislation are relevant to adverse inferences?
Criminal Justice and Public Order Act 1994 - CJPOA 1994
s34 - adverse inferences may be used against you (the caution)
s35 - doesn’t give evidence in court
s36 - doesn’t account for incriminating objects/subtances/marks when they were arrested
s37 - doesn’t account for being in a particular place
How long can an interview be without a break?
2 hours max
Which 2 things must an interviewer do at the start of the interview?
- Identify themselves
- Remind them of legal advice
Which code states that suspects of indictable or either-way offences must be recorded?
Code E
Who can a person held in custody complain to?
The Custody Officer
After release:
Professional Standards Departmetns
Independent Office for Police Conduct (IOPC)
What must the custody officer do if they get a complain?
State it on the Custody Record
Which are the three types of evidence presented at trial to prove the defendant’s presence at a crime scene?
- Visual identification by an eyewitness
- Real evidence (CCTV, direct view of the incident)
- Forensic evidence (fingerprints or DNA)
Whichh guidelines are used for eyewitness identification?
Turnbull guidelines and Code D Annexes
What is the difference between a known and unknown suspect in Code D?
Known: when there is sufficient info known by the police to justify the arrest of a person.
Unknown: the police can take the witness to an area to see if the witness can identify them (no hints from police though)
If shown photographs, how many photos should the witness be shown at one time and what must they all be?
At least 12, all similar type
Can you show another witness the photos that you showed the first witness?
Not if the first witness has made a positive identification. They must then do a parade.
What are the four formal identification procedures outlines in Annex A-D for Code D?
Annex A: video identification;
Annex B: identification parades;
Annex C: group identification;
Annex D: confrontation by a witness.
When must an identification procedure be held?
If the eyewitness has identified a suspect or thinks they can or hasn’t had a chance to identify them yet but they think they can.
When would an identification procedure not be held?
If it is not practicable or it wouldn’t serve a useful purpose, e.g. the witness say someone they know doing the offence
Which is the preferred identification procedure?
Video identification
What must the police tell the suspect before the identification procedure?
1.right to free legal advice
2. explaining they don’t have to cooperate with the procedure (but they could have adverse inferences drawn or other methods could be used)
What is the video identification system called?
VIPER - Video Identification Parades Electronic Recording
How many other similar images should be shown in VIPER, and what if there are two suspects who are similar?
- The suspect’s and 8 other similar images are shown (9 in total)
- The two suspect’s and 12 other images (14 in total)
What must the witness do in the VIPER procedure?
- Cannot communicate with other witneses
- Has to see images at least twice
- Answer whether the suspect is the person seen previously
Who must be offered to also see VIPER?
The suspect/suspect’s lawyer, or the appropriate adult must be given the opportunity to see the complete set of images.
The suspect’s lawyer, should also be able to be there when it is complied and when it is shown.
What are the alternative means of identification?
Identification parade
Group identification
Confrontation by a witness
If the suspect has a facial scar or tattoo, or different coloured hair, what must happen?
Steps should be taken to conceal the location of that feature.
Can a suspect choose where they are in line?
Yes, they can.
What is group identification?
When the witness sees the suspect within a group of others who resemble the suspect and may take place either with or without the suspect’s consent and co-operation. E.g. shopping centres, escalators, railway stations.
What is confrontation by a witness?
It can be face to face or via a one-way screen at a police station. Only use this if nothing else works.
When should identification evidence not be entered at trial?
When the evidence is disputed at trial, the court should evaluate the quality of the evidence and whether the case is strong without it. If not, then it shouldn’t be entered, as it will provides grounds of appeal against any subsequent conviction.
What is a Turnbull warning?
The need for special caution in identification, as honest witnesses can make mistakes.
What are the two types of body samples that can be taken and which sections of legislation gives the police that right?
s62 PACE 1984 - intimate samples (blood, semen, tissue fluid etc)
s63 PACE 1984 - non-intimate samples (hair, nails, mouth)
What happens if the police are denied an intimate sample?
Adverse inferences can be drawn against them.
When can the police take a non-intimate sample without consent?
where the suspect has been arrested for or charged with a recordable (imprisonment) offence
Can the police take an intimate sample without consent?
No, they cannot.
What is the presumption about police bail?
There is a presumption that a suspect will be released WITHOUT bail before charge whilst the case is being investigated.
What are the two possibilities for being released before trial?
Released under investigation
Pre-charge bail
What does RUI stand for?
Released under investigation
What is pre-charge bail likely to subject to?
Living at certain address, avoiding contact with people.
When must a suspect be released on bail, instead of without bail pending further investigation?
If it is necessary and proportionate
How long is police bail?
28 days, with a possible extension of three months. Any longer needs Magistrates’ Court.
If an offence is indictable or serious either-way, who does the responsibility for taking a charging decision rest with?
CPS
What is the statutory charging scheme?
When the police can make the charging decision without reference to CPS if it is:
- a summary offence
- retails theft
- easy either-way that will be guilty plea
What are the exceptions to when a caution cannot be given to an indictable-only offence where the defendant is over 18 and admits the offence?
- exceptional circumstances
- permission from DPP
What is a simple caution?
A warning administered by the police, an alternative to a charge.
What is a conditional caution?
A caution used where adults admit their guilt and there’s a strong case (and a confession) to convict the accused, but it is not in the public interest. Instead, they will carry out activities to rehabilitate the offender.
What can’t you issue a conditional caution for?
Indictable-only offences, hate crimes and domestic violence, without CPS lawyer approval.
What is a penalty notice for disorder?
Police-administered fines for harassment, alarm or distress, drunk and disorderly, minor theft and criminal damage, cannabis possession, breach of COVID rules.
Which is the act for covert policing?
Investigatory Powers Act 2016 IPA 2016
Is it illegal to intentionally intercept communications or obtain communication data without lawful authorisation?
Yes, it is under IPA 2016. The police can get a warrant from the Secretary of State, or one person can consent and it must be authorised under the relevant legislation.
What is CHIS?
Covert human intelligence source, contains two types of covert policing.
- non-police informers
- undercover agents
Can an undercover police officer encourage someone to commit a crime?
No, it would be entrapment and would be an abuse of process.
What are the two types of surveillance?
Directed - not intrusive but gather info
Intrusive - private residential properties/vehicles. Needs permission from SoS or Chief Constable.
