Chapter One- Advising Clients about the procedures and processes at the police station

Question 1

What is the procedure on arrival at the police station?

Answer 1

Must be taken to the police station
Must be brought before a custody officer who is responsible for authorising detention
CO must open and maintain custody record.
CO must conduct a search and find out what personal property items is on the suspect’s person.

Question 2

Where should a suspect be taken upon arrest?

Answer 2

Must be taken to the police station ‘as soon as is practicable after the arrest’, unless granted street bail.
Paragraph 1.1 Code C provides that ‘app persons in custody must be dealt with expeditiously and be released from the police station as soon as the need for detention no longer applies.

Question 3

Who is a custody officer?

Answer 3

At least rank of
Responsible for opening and maintaining a custody record for each suspect who has been arrested and brought to the police station.

Question 4

What information is contained in a custody record? (7 points)

Answer 4

(a) the suspect’s name, address, telephone number, date of birth and occupation
(b) the offence for which the suspect has been arrested and why the arresting officer considered it necessary to arrest the suspect
(c) the time of the suspect’s arrest and the time of their arrival at the police station
(d) the reason why the suspect’s ongoing detention at the police station has been authorised
(e) the time such detention was authorised
(f) confirmation that the suspect has been give details of the rights they have whilst detained and whether they have requested legal advice.
(g) details of the items of property the suspect has on their person, and details of any medical condition
The custody record will also have attached to it a detention log.

Question 5

What is a detention log?

Answer 5

A record of all the significant events that occur whilst the suspect is in police custody. The custody officer must also inform the suspect is in police custody.

Question 6

What should happen during a search?

Answer 6

The Co must find out what personal property items on on the suspect’s person and will make a record of these items..
The CO will authorise the search..
S54(3) allows the custody officer to seize and retain any items the suspect has on their person.
Clothes and personal items will only be seized if the CO has reasonable grounds for believing that they may be evidence.

Question 7

When may the CO seize personal items during a search?

Answer 7

When they have reasonable grounds to believe that the suspect may use them:
(a) to cause physical injury to themselves or others
(b) to cause damage to property
(c) to interfere with evidence
(d) to assist them to escape.

Question 8

What is the process regarding the decision to detain a suspect?

Answer 8

After opening custody record and informing suspects of their rights, the CO must determine whether there is already ‘sufficient evidence’ to charge the suspect with the offence they have been arrested for.
To do so, CO will usually ask investigating officer for details of any evidence already gained. If not, what steps the IO proposes to take if the further detention before charge is authorised.
CO should note down anything the suspect says about the arrest etc, but should not ask them any questions.
If there is sufficient evidence, suspect should be charged straight away, or released on bail or remanded in custody.

Question 9

What are the grounds for detention?

Answer 9

If there is not sufficient evidence to charge a suspect, they should be released on bail or without bail, unless:
(a) the CO has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve EVIDENCE relating to an offence that they are under arrest for
(b) it is necessary to obtain such evidence by questioning.

Question 10

What are the conditions of detention?

Answer 10

Must be adequately heated, cleaned and ventilated, and also adequately lit.
Bedding supplied must be to a reasonable standard and in clean condition.
must be provided to toilet and washing facilities.
Two light meals and one main meal a day.
Drinks at mealtimes and upon reasonable request
Offered daily brief outdoor exercise if practicable.
Should be visited in their cells at least every hour.
If mentally or physically unwell, the CO must make arrangements to ensure the suspect receives appropriate clinical attention.

Question 11

What rights does a suspect being detained for questioning have?

Answer 11

The right to have someone informed
The right to legal advice
The right to consult the Codes of Practice

Question 12

The right to legal advice

Answer 12

Must be allowed to consult a solicitor ‘as soon as practicable’
“In person, in writing, or by telephone, and free legal advice is available’.
At no time should a police officer do anything to dissuade a suspect from receiving legal advice.

Question 13

Who must the police contact if the suspect wants free legal advice?

Answer 13

The Defence Solicitor Call Centre.

Question 14

Can the right to legal advice be declined?

Answer 14

The police have a very limited right to delay legal advice.
At least the rank of a SUPERINTENDENT.
Only when arrested for an INDICTABLE offence.
The delay can be for a maximum of 36 hours

Question 15

When may the delay of legal advice be authorised?

Answer 15

If the officer believes there is reasonable grounds for believing that the exercise of this right, at the time the suet wishes to receive it, will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons; or
(b) lead to the alerting of other persons suspected of having committed such an offence but not arrested yet for it; or
(c) hinder the recovery of any property obtained as a result of such an offence.

Question 16

Can the right to have someone informed of your arrest be delayed?

Answer 16

Yes. The delay can only be for a maximum of 36 hours from the ‘relevant time’.
Authorisation may be given orally, but must be confirmed in writing as soon as is practicable.At least INSPECTOR
INDICTABLE only offences

Question 17

When might the right to informing someone of your arrest being delayed by authorised?

Answer 17

The police officer who authorises the delay may do so only if they have reasonable grounds for believing that telling the named person of the arrest will:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons
(b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it.
(c) hinder the recovery of any property obtained as a result of such an offence.

Question 18

Can the police dissuade a suspect from receiving legal advice?

Answer 18

No.
No police officer/ police staff shall indicate to any suspect, except to answer a direct question, that the period of time for which he is liable to be detained, or, if not detained, the time taken to complete the interview, might be reduced…
if they do not ask for legal advice or do not want a solicitor present when they are; or
are interviewed but change their mind and agree to be interviewed without waiting for a solicitor.

Question 19

What are the detention times and reviews of detention under PACE 1984, Code C

Answer 19

RELEVANT TIME
Volunteer - at time of ARREST at the police station
Suspect on STREET BAIL- attire of ARRIVAL at the police station
Suspect arrested AWAY FROM police station- At time of ARRIVAL at the first police station

Question 20

How can the detention clock be extended?

Answer 20

s42 PACE
The police have the power to extend the maximum period of detention up to a period of 12 hours (to make it 36). Rank of SUPERINTENDENT
The police can obtain a warrant of further detention from a magistrates’ court. They can grant another up to 36 hours (making 72)
The police may make an additional application to the Mag Court for an extension. The extension granted ‘ shall be for a any period as the court thinks fit’ but cannot :
(a) be longer than 36 hours
(b) end later than 96 hours after the relevant time

Question 21

When can a superintendent extend the detention clock (by 12 hours to 36)

Answer 21

When they have reasonable grounds to beleive
(a) the detention of the suspect without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them
(b) the offence is an indictable offence (either way or indictable-only)
(c) the investigation is being carried out diligently and expeditiously.

Question 22

On what conditions can the Magistrates Court extend the detention clock?

Answer 22

If there are ‘reasonable grounds to believe that the further detention of the person to whom the application relates us justified’. This may be justified if:
(a) the suspect’s detention without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest, or to obtain such evidence by questioning them; and
(b) the investigation is being conducted diligently and expeditiously.

Question 23

What is a detention review?

Answer 23

The police must carry out periodic reviews of the suspect’s detention to ensure that the grounds on which the detention was initially authorised by the custody officer are still applicable .
This is a mandatory requirement, and if such reviews are not carried out, detention after this will be unlawful and counted as false imprisonment.

Question 24

Who can carry out a detention review?

Answer 24

At least INSPECTOR who is not directly involved in the investigation.

Question 25

When should detention reviews take place?

Answer 25

1st- no later than SIX hours after CO first authorises the detention.
2nd- no later than NINE hours after the first
Subsequent- no more than nine hours after the last.

Question 26

What are the rights of a volunteer attending the police station?

Answer 26

If the police do not have sufficient evidence to a arrest a suspect, or where an arrest is not necessary, they may ask the person to attend voluntarily.
There is no obligation to attendees a volunteer, and they can leave at any time unless formally arrested.
Volunteer’s can have a family member or friend present.

Question 27

What three sources are available to a solicitor when attends a police station?

Answer 27

the custody officer and record
the investigating officer
the client

Question 28

What information can a solicitor obtain from the custody officer?

Answer 28

The first person the solicitor is likely to speak to.
Can supply basic information that the solicitor may already have.
The CO should Alpo the solicitor to inspect the custody record and detention log.
The solicitor then needs to obtain the following information:
(a) the alleged offence
(b) the time at which the CO authorised the client’s detention and the reason such authorisation was given
(c) any significant comments
(d) any samples, fingerprints, impressions of footwear that may have been taken
(e) any identification procedure that may have taken place
(f) any interview already conducted
(g) whether there is any mental or physical impairment
(h) any illness the suspect may be suffering from, or any indication the suspect is vulnerable or requires medical treatment/ is suffering from drink/ drugs
(i) any significant items found as a result of a search
(j) any details of any detention reviews that may have taken place.

Question 29

What information can the solicitor get from the investigating officer?

Answer 29

The purpose of speaking to the investigating officer is to obtain the following information:
(a) disclosure (the facts of the offence and the evidence supporting those facts)
(b) significant statements or silences
(c) the next steps the investigation officer proposes to take

Question 30

What disclosure should the solicitor obtain?

Answer 30

The solicitor needs to know what is alleged to have been done.
The police are not obligated to tell the solicitor about any evidence there is but will usually provide them with some if not all of the evidence.
The IO will summarise rally the contents of the witness statements or provide a typed disclosure statement summarising the evidence that the police have.
The solicitor should push the IO to give as much details as possible so they can advise their client to the best of their abilities.

Question 31

What should the solicitor discuss with their client when they first speak to them?

Answer 31

The solicitor’s identity and role
Details of the alleged offence
The client’s instructions
The next step in the police investigation
Prepare the client for interview

Question 32

What information should the solicitor provide to the client about their identity and role?

Answer 32

That they are there to provide the client with free, independent legal advice and have no connections with the police.
Their only role at the police station is to protect and and advance their legal rights.
Confidentiality during and after the investigation.
They are limited by professional conduct.

Question 33

How can a solicitor prepare their client for interview?

Answer 33

(a) advising the client on whether or not to answer questions put to them in the interview
(b) preparing a written stamens on the client’s behalf if the client is to give a ‘no comment’ interview, but hand the statement to the police so that their defence is put on record
(c) advising the client how the interview will be conducted by the police
(d) advising the client what role the solicitor will play in the interview.

Question 34

What are the suspect’s options for their interview?

Answer 34

Answer all questions
Give a ‘no comment’. interview
Selective silence
Give a ‘no comment’ interview, but before or during the interview hand in a written statement to the police

Question 35

What are some advantages of answering all the questions?

Answer 35

Allows the client to put their version of events straight away.
Answering the question in well may lead to the police releasing without charge.
Credibility at court will be increased if shown the client placed their defence on record at the earliest opportunity and have told a ‘consistent’ story
The court is unlikely to draw adverse inferences
If admitting guilt, also good to answer all questions as if they have never been arrested or have no other cautions, the police may simply caution rather than charge.
Solicitor will be able to say that they cooperated with police.

Question 36

What are the disadvantages of answering all questions in interview?

Answer 36

Many suspects will say something incriminating to make comments that undermine their credibility.
The police are good at tripping people up.
If the suspect is subsequently charged with the offence and pleads not guilty, a transcript of the interview record will be read at court.
Their credibility could be damaged if they come across as angry, flustered or confused.
have the police disclosed enough information and evidence to the solicitor for the client not to be tripped up?

Question 37

Advantages of remaining silent in interview?

Answer 37

No danger of client incriminating themselves.
If the police don’t have enough evidence, then by answering badly, they may then gather what they need to charge.

Question 38

Disadvantages of remaining silent in interview?

Answer 38

Adverse inferences

Question 39

When is a solicitor likely to advise the client to give a ‘no comment’ interview?

Answer 39

When a client admits guilt to the solicitor, they may advise ‘no comment’ interview. This would not involve the solicitor being a party to the client lying to or misleading the police.
(a) solicitor believes that the police have not provided adequate disclosure
(b) solicitor thinks the police might attempt to ambush the client
(c) the client denies involvement and the police do not yet have enough evidence
(d) the client is mentally or physically unfit to answer questions
(e) the client is likely to perform badly in his interview due to his: age, lack of maturity, psychological vulnerability, previous inexperience of police detention and questioning.
(f) facts of the case are so complex or are from so long ago it would not be reasonable for the client to answer immediately
(g) despite denying involvement, the client does not have a viable case or defence
(h) other good personal reasons for remaining silent

Question 40

Why should the solicitor not advise selective silence?

Answer 40

It makes it look like the client has something to hide.

Question 41

When might a prepared written statement be used?

Answer 41

Good strategy to use if the solicitor considers that the client needs to place their version of events on record to avoid an adverse inference, but the solicitor is concerned that the client may perform badly if they answer the questions in interview.

Question 42

What should a prepared written statement include?

Answer 42

A written statement will be drafted by the solicitor to set out the defence in a clear and logical way, but it should be in the client’s own words.
Should set out all the facts which may later be relied on in court.
It should say no more than is necessary to prevent drawing adverse inferences.

Question 43

When should prepared written statements be handed into the police?

Answer 43

Either during the interview, or just prior to charge, or even kept on the client’s file and not disclosed at either stages.
If the solicitor feels the police can is weak they should hold back from giving the statement so the police don’t get information they wouldn’t otherwise have had.

Question 44

What steps can the investigating officer take to further the case?

Answer 44

(a) carry out an audibly recorded interview with the suspect about the suspect’s alleged involved in the offence
(b) identification procedure
(c) taking fingerprints
(d) taking samples

Question 45

What are the requirements of Code C, PACE

Answer 45

Interview are recorded audibly.
Recorded on two or three tapes, one is the ‘master tape’ and sealed in front of the suspect in case the contents of the disc are later disputed. One tape will be a working copy for the IO and the pother may be given to the client or their solicitor.

Question 46

When should a suspect not be interviewed at all?

Answer 46

When they are unable to:
(a) appreciate the significance of questions of their answers
(b) understand what is happening because of drink/ drugs/ any illness or condition.

Question 47

Can a suspect be interviewed before receiving legal advice?

Answer 47

The general position is no.
Exceptions to this include:
(a) a delay for up to 36 hours can be allowed
(b) if relearnt solicit has agreed to represent client but awaiting their arrival would cause unreasonable delay to the process of the investigation
(c) If the requested solicitor cannot be contacted or has declined to attend and the suspect has therefore also declined legal advice.
(d) if a suspect asks for legal advice and changes their mind, the police may interview the suspect provided:
i) an officer that is at least INSPECTOR speaks to the suspect to find out why they changed their mind and has told the solicitor that the suspect has changed their mind.
ii) the suspects reason for changing their mind are recorded in the custody record
iii)suspect confirms in writing
iv) officer that is at least INSPECTOR satisfied it is proper to conduct the interview.
v) when the interview starts, the interviewer must remind suspect f their right to legal advice, and record in the interview record confirmation that the detainee changed their mind and the authority to continue has been given, and if the solicitor arrives before the interview finishes the suspect should be informed without delay.

Question 48

What happens at the start of the interview?

Answer 48

The caution
State the continuing right to legal advice
State the significant statements and silences

Question 49

What may be considered as oppression?

Answer 49

if the interviewing officer:
raises their voice or shouts
makes threatening gestures]leans towards suspect/ in their face
stands over or behind the suspect
threatens to detain the suspect indefinitely unless they make a confession

Question 50

When must an interview cease?

Answer 50

When officer in charge of the investigation is satisfied all the questions they consider relevant have been put forward and has given suspect the opportunity to give an innocent explanation.

Question 51

What are breaks during the interview like?

Answer 51

If interviews take pace over more than one day, the suspect must be given a continuous period of at least 8 hours rest. This should be at night and must be free from questioning relating to the case.
Breaks from interview should take pace at recognised mealtimes, and short refreshment breaks should be taken at approximately 2 hour intervals.
If any rules are breach the interview may be inadmissible in court.

Question 52

What are the seating arrangements in a police interview?

Answer 52

Solicitor should sit next to there client and be able to give them eye contact. This is for psychological support and so the solicitor can read from the client’s facial expressions.

Question 53

When should a solicitor intervene in an interview?

Answer 53

If they consider that:
(i) the questioning techniques employed by the police are inappropriate or improper
(ii) the policer behalf in an inappropriate manner
(iii) the client would benefit from further advice
If the police are acting oppressively.
There is a reference to the client’s previous convictions

Question 54

Can a solicitor be removed from the interview?

Answer 54

Paragraph 6.9, Code C: ‘… if their conduct is such that the interviewer is unable to properly put questions to the suspect…’
The interviewer must stop the interview and consult an officer of at least the rank of SUPERINTENDENT. This officer must speak to the solicitor and make a decision about whether the interview should carry on with the solicitor. If removed, the suspect should be given the opportunity to have another solicitor.

Question 55

Can a solicitor act for two client’s in the same investigation?

Answer 55

If there is no conflict of interest, yes.
Once the solicitor has spoken to the IO, the solicitor should speak to one of the suspect’s. If that suspect’s meeting suggests a clear conflict of interest, then the solicitor should only act for them.
If there is no clear conflict of interest, the solicitor can act for both, but if a conflict of interest later emerges, the solicitor should cease to act for both suspects completely.

Question 56

Can a solicitor disclose to one client information they have been given by another client?

Answer 56

If there is no conflict of interest, yes. If:
the solicitor has obtained the other client’s consent to disclose this information
both client’s are putting forward consistent instructions
the solicitor considers it in their client’s bets interests for the information to be disclosed.

Question 57

What are some exceptions to the solicitors duty of disclosure to their client?

Answer 57

disclosure is prohibited by national security or the prevention of crime
the client gives informed consent (in writing) to the information not being disclosed
reason to believe that serious physical or mental injury will be caused to the client or another if the information is disclosed
the information is contained in a privileged document that has been mistakenly viewed/ sent