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Criminal Practice > Chapter 2: Advising Clients at the Police Station > Flashcards

Chapter 2: Advising Clients at the Police Station Flashcards

1
Q

What are the ranks of police officers from low to high?

A
  1. Constable
  2. Sergeant
  3. Inspector
  4. Chief Inspector
  5. Superintendent
  6. Chief superintendent
  7. Assistant chief constable
  8. Deputy chief constable
  9. Chief constable
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2
Q

A person under arrest has a right to legal advice at any time during their detention. When can access be delayed?

A
  1. The suspect is arrested on an indictable only or either way offence;
  2. A superintendent or above has authorised the delay in writing; and
  3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects or hindering the recovery of property related to the offence.
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3
Q

For how long can the right to legal advice be delayed?

A

36 hours

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4
Q

A person under arrest has a right to have someone informed of their arrest. When can this be delayed?

A
  1. The suspect is arrested on an indictable only or either way offence;
  2. An inspector or above has authorised the delay in writing; and
  3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects or hindering the recovery of property related to the offence.
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5
Q

For how long can the right to have someone informed of arrest be delayed?

A

36 hours

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6
Q

What are the custody time limits?

A

General rule = 24 hours from relevant time

First extension = 12 hours (36 hours total)

Second extension = 36 hours (72 hour total) - granted by Magistrates on first application

Third extension = 24 hours (96 hour total) - granted by Magistrates on second application

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7
Q

Who can authorise a 12 hour extension to increase the custody time limit to 36 hours?

A

A superintendent or higher, but only if:

  1. The suspect is arrested on suspicion of an indictable only or either way offence.
  2. The office has reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning
  3. The investigation is being conducted diligently and expeditiously
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8
Q

Who can authorise a 36 hour extension to increase the custody time limit to 62 hours?

A

The Magistrates Court (first application)

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9
Q

Who can authorise a 24 hour extension to increase the custody time limit to 96 hours?

A

The Magistrates Court (second application)

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10
Q

When will the Magistrates’ Court authorise further detention (36 hour extension and 24 hour extension)?

A
  1. The suspect is arrested on suspicion on an indictable or either way offence
  2. The Court has reasonable grounds further detention is necessary to secure or preserve evidence or obtain evidence by questioning
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11
Q

Which three circumstances require that an identification procedure is held?

A
  1. Witness has identified or purported to identify a suspect.
  2. Witness expresses an ability to identify a suspect.
  3. There is a reasonable chance of an eyewitness being able to identify a suspect.
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12
Q

Does a suspect need to cooperate with an identification procedure?

A

The suspect need no cooperate, but a procedure may be conducted covertly and the failure to cooperate may be raised at trial

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13
Q

Can a suspect change their appearance between notification and conduct of the procedure?

A

If a suspect changes their appearance, it may affect the conduct of the procedure and can be raised at trial

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14
Q

Can a suspect have a friend or solicitor present during an identification procedure?

A

Yes, a suspect can have a solicitor or friend present

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15
Q

What are the four types of identification procedure?

A
  1. Video identification
  2. Identification parade
  3. Group identification
  4. Confrontation
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16
Q

What is video identification?

A
  • Moving images of suspect and 8 or more others (9 total)
  • Others must be similar in appearance
  • Distinguishing features must be concealed
  • Suspect and solicitor must have chance to raise reasonable objections
  • Videos must be shown at least twice
  • Must be a warning suspect may not appear
  • Multiple witnesses must be separated
17
Q

What is an identification parade?

A
  • The suspect and 8 or more others (9 total) resembling the suspect appear in a line
  • Suspect can choose position in line
  • Witness must be warned suspect may not appear
  • Witnesses should be kept separate
  • Parade should be recorded or colour photographed
18
Q

What is group identification?

A
  • Witness sees suspect in informal group
  • Can take place with or without suspect’s consent
  • Colour photograph or video should be taken immediately after identification
19
Q

What is confrontation?

A
  • Witness asked “is this the person you saw earlier?”
  • Witness must be warned suspect may not be present
  • Suspect’s solicitor or friend may be present
20
Q

What are four common objections to video identification?

A
  1. Failure to take account reasonable objections to appearance of others in parade
  2. Failure to keep witness away from suspect before or after identification
  3. Failure to keep witnesses apart
  4. Failure to warn witnesses that suspect may not be shown
21
Q

Do police interviews need to be recorded?

A

Yes, there must be an audio recording and may also include a video recording

22
Q

If suspect appears unable to appreciate significance of questions being asked of them (due to intoxication or another condition), should the interview proceed?

A

No

23
Q

If a legal representative is advising a suspect at the police station, they will inspect the custody record and request disclosure prior to the interview. Must disclosure be provided?

A

There is no duty to provide disclosure of evidence. However, the police must provide sufficient information for the representative to understand the nature of the offence and why the detainee is under suspicion

24
Q

If a suspect fails to mention something something which they later rely on in court and it could reasonably have been expected to be mentioned in the interview, can an inference be drawn?

A

Yes, an adverse inference can be drawn and the detainee should be advised of the same before the interview

25
Q

What is the consequence of the police failing to advise a detainee of their right to remain silent and providing a caution?

A

The interview may be excluded from evidence at trial

26
Q

What is the special caution?

A
  • If a detainee fails to account for their presence at the scene of an offence or an object, substance or mark found on the detainee at the time of their arrest, an adverse inference may be drawn.
  • In such circumstances, the interviewing officer must warn an adverse inference may be drawn if they fail to provide an account now which they later rely on in court
27
Q

Which three options does a suspect have in interview?

A
  1. Answer questions
  2. Decline to answer
  3. Hand in written statement setting out their account and decline to answer any further questions
28
Q

What are vulnerable suspects?

A
  1. Persons under 18
  2. Suspects with mental disorders
29
Q

Whose responsibility is it to identify vulnerable suspects?

A

The custody officer at the beginning of a suspect’s detention

30
Q

What are vulnerable suspects entitled to?

A

An appropriate adult i.e. a person not affiliated with the police

31
Q

If a suspect is vulnerable and an appropriate adult was not called in, will evidence be admissible?

A

Any such evidence may be excluded

32
Q

When appointing an appropriate adult, is it necessary to take into account the wishes of the suspect? E.g. If they’d rather have a support worker and not their mother

A

Yes

33
Q

Interviewing officers must ensure not to conduct the interview by use of oppression. What is this?

A

Torture, inhumane or degrading treatment and the use of threat or violence

34
Q

Interviewing officers must ensure not to conduct the interview by use of inducement. What is this?

A

There should be no inducements to confess e.g. a promise of a police caution or bail if a confession is made

35
Q

Can any amount of officers be in the room during an interview?

A

No, care should be taken not to have too many officers in the room

36
Q

A solicitor must not obstruct the conduct of an interview. What would constitute obstruction?

A

Telling the suspect what to say or answering on the suspect’s behalf

37
Q

If a solicitor obstructs an interview, can they be removed?

A

Yes, but this must be authorised by a superintendent

38
Q

Who makes the decision whether a suspect can be remanded on bail after they have been charged?

A

The custody officer will make this decision based on submissions by the defence representative

Criminal Practice (11 decks)

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