👩🏽⚖️CLP 1: police station, inc vulnerable clients Flashcards
When must an arrested person be taken to the police station
‘as soon as is practicable after the arrest’ unless granted ‘street bail’
Role of custody officer and who can be one
Who: Normally police officer above sergeant and NOT involved in investigation
Responsible for authorising detention and supervising welfare
Tasks
1. Open and maintain custody record
2. search suspect
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What should be recorded on the custody record?
- Suspect’s name, address, phone no, DoB, occupation;
- Suspected offence and why arresting officer considered it necessary to arrest
- Time of arrest and arrival at station;
- Reason why ongoing detention has been authorised by the custody officer;
- Time detention authorised;
- Confirmation sus given rights at police station, and if they have requested legal advice
- Property they have on them
- Medical conditions
- Attach detention log
What is a detention log
- Record of all significant events occurring whilst in custody
- Should be attached to custody record
Who/what searches of a suspect can be authorised and can items be retained?
Custody officer will authorise search to extent they consider necessary to ascertain what items they have on them
Can retain items BUT can retain clothes/personal items only if:
1. Reasonable grounds for believing they might be evidence
2. OR CO believes suspect might use them to:
(a) cause physical injury to themselves/others
(b) cause damage to property
(c) interfere with evidence
(d) assist them to escape
Police officer ranks in order
Chief constable
Superintendent
Detective inspector
Sergeant
Constable
When can a suspect be remanded in custody before charge
(a) the custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest; or
(b) it is necessary to obtain such evidence by questioning
What must a police cell be?
Adequately:
-Heated
-Cleaned
-Ventilated
-Lit
Rules re bedding and toilet access
Bedding: of a reasonable standard and in clean & sanitary condition
Must have access to toilet/washing facilities
Rules re meals and drinks
Meals: at least 2 light and 1 main every 24h
Drinks: at meals and upon reasonable request between meals
Rules re outdoor exercise
Brief outdoor exercise daily if practicable
Rules re cell visits
visit hourly
When should clinical attention be arranged
Arrange appropriate clinical attention as soon as reasonably practicable if suspect:
□ Injured
□ Suffering from physical illness/mental disorder
□Appears to need clinical attention
What rights must a suspect be told before they are detained before charge?
Right:
1) To have someone informed of arrest
2) To receive free, independent legal advice
3) To consult the Codes of Practice.
4) To be informed about offence/any further offences they’re arrested for
Delaying the right to have someone informed of arrest
- By at least inspector
- Offence indictable
- Max 36h
- Can be oral but must be confirmed in writing as soon as practicable
- If have reasonable grounds to believe exercise of right will:
a. Lead to interference with/harm to evidence connected offence, or interference with/physical injury to other people
b. Alert someone suspected of committing offence but not yet arrested for it
c. Hinder recovery of property obtained as a result offence
Conditions to delay right to legal advice?
- By at least superintendent
- For max 36h
- Offence indictable
- Can be oral but must be confirmed in writing as soon as practicable
- If have reasonable grounds to believe exercise of right will:
a. Lead to interference with/harm to evidence connected offence, or interference with/physical injury to other people
b. Alert someone suspected of committing offence but not yet arrested for it
c. Hinder recovery of property obtained as a result offence
Rules for receiving free legal advice
- Entitled to consult solicitor in private at any time (this must be allowed as soon as practicable)
- If sol attends, suspect must be informed and asked if they want to see them (even if previously declined) (note in custody record)
- Police must NOT indicate detention time will be reduced if they:
1. Don’t ask for legal advice/solicitor present
2. Agree to change mind and be interviewed without solicitor present
Why are detention reviews carried out
To ensure that the grounds on which the detention was initially authorised by the custody officer are still applicable (or detention will be unlawful and will be tort of false imprisonment)
Who conducts a detention review
at least inspector, whos not directly involved in investigation
Detention review time limits
6h from detention authorisation: review by at least inspector
9h 1st review: review by at least inspector
24h relevant time: charge/release OR SI authorisation
36h relevant time: charge/release OR MC warrant
72h relevant time: charge/release OR MC extension warrant
96h relevant time: charge/release
When is the ‘relevant time’ for calculating initial period of detention without charge of 24h
- Volunteer attending station: time of arrest at police station
- Suspect on ‘street bail’: arrival at station
- Arrested away from police station: arrival at first station
Conditions for detention before charge to be extended to 36h by superintendent
- Reasonable grounds to believe its needed to secure/preserve evidence or obtain ev via questioning
- offence is INDICTABLE (ie. either way/indictable only)
- Investigation being conducted diligently and expeditiously
Conditions for detention before charge to be extended to 72h and 96h by magistrates court?
72h(3d): If reasonable grounds to believe that further detention is justified. Will be justified if:
(a) its necessary to secure or preserve evidence relating to an offence for which they are under arrest, or to obtain such evidence by questioning them;
(b) investigation is being conducted diligently and expeditiously
96h (4d) Can apply for extension of warrant, if:
a. Grounds above satisfied and reasonable grounds to believe further detention is justified.
Rights of a volunteer
□ No obligation to attend as volunteer, can leave at any time unless formally arrested
□ Can have friend/solicitor be present at interview
□ May be arrested if makes admissions which give grounds for arrest
What should a solicitor do on arrival at the police station?
- Speak to custody officer and inspect custody record/detention log for info on circumstances of detention
- Speak to investigating officer to get info on disclosure, significant statements/silence/proposed next steps (intentions/views on bail)
- Client to discuss sol identity and role, details of offence, their instructions, next step in police investigation (interview), prep for interview
What must the investigating officer disclose to the solicitor?
- Police not obliged to disclose ev, but sol must be given sufficient info to enable them to understand the nature of any such offence, and why they are suspected of committing it and to enable effective exercise right to defence
- This doesnt require the disclosure of details at a time which might prejudice the criminal investigation.
Options for answering police questions
- Answer all questions
- No comment interview
- Selective silence (answer some)
- No comment and written statement (drafted by sol)
Advantages/disadvantages of answering all questions at police interview
ADVANTAGES
* Give version of events on record straight away (good for if raising self defence/alibi)
* Shows ‘consistent story’
* Good if prosecution case is weak and alibi is watertight
* No draw adverse inferences
* If admits guilt and no prior convictions, may get caution rather than being charged
* Lesser sentence if cooperated w/ police throughout
DISADVANTAGES
* Self incrimination
* Angry/flustered= undermine credibility (if contradict/say something untrue)
* If think police haven’t made full disclosure, may get caught out by new evidence
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If advising client to give no comment interview, what should sol do?
- Make note of reasons for this advice given
- Tell client about adverse inferences
Advantages/disadvantages of no comment interview
ADVANTAGES
1. Wont self incriminate
2. If police case weak, wont give extra info enabling police to charge
DISADVANTAGE
1. Can draw adverse inferences
2. May conclude any future defence is a sham/fabricated
When is a no comment interview good
◊ Client admits guilt OR denies involvement and case against weak
◊ Disclosure inadequate (ie. Co-accused been interviewed) and prevents ambush with new ev
◊ Mentally unfit to be interviewed or will perform badly due to age, maturity, phycological vulnerability, inexperience of police detention
◊ Facts complex/matter occurred long ago
◊ Defence wont stand up to questioning
Personal reasons ie. embarrassment
Advantages/disadvantages of selective silence
ADVANTAGES
none, dont advise
DISADVANTAGES
looks like client has something to hide
Adverse inferences drawn from silences
Advantages of no comment and written statement
- Stops adverse inferences being drawn from no comment if handed to police and contains all facts D later relies upon(good if client will interview badly)
- Opportunity to put case forward consistently from beginning
If giving a no comment interview and a written statement, what should the statement contain
No more than necessary to prevent drawing of adverse inferences at trial (may need updating on further disclosure)
If giving a no comment interview and a written statement, when should the statement be given to the police?
a. During interview
b. Prior to charge
c. Not disclosed (if case against weak/you doubt accuracy of clients instructions, keep till charge so don’t give police more evidence) but this wont stop adverse inferences being drawn that defence wouldn’t stand up to police questioning
How can the investigating officer obtain evidence?
a. Audibly recorded interview
b. identification procedure (by witness/victim)
c. Fingerprints-see if match crime scene
d. Samples-see if match crime scene
Interview: When NOT to carry out
If suspect appears unable to:
a. Appreciate significance of questions/answers
b. Understand what’s happening bc of drink/drugs/ailment/condition
Interview: what happens with tapes
If on tape/disc, master will be sealed in presence of suspect at end of interview and only be opened at trial, 1 working copy kept by investigating officer to prep transcript, 1 given to suspect
Conditions to interview without legal advice
Delay 36h if
1. Sol client asked for cant be contacted/declined to attend and suspect declined duty solicitor
2. Sus asks for legal advice and changes mind IF
At least inspector asks sus why changed mind, finds sol expected arrival time and tells them sus changed mind/why
Record reason for change on custody record
Sus confirms to interview in writing
At least inspector satisfied its proper for interview to proceed & gives authority in writing
Remind sus of right at start of interview and say: ‘you don’t have to say anything but anything you do say may be given in evidence’ so no adverse inferences-absolute right to silence
} Record in interview record…
– Confirmation of changed mind
– Authority for interview given
– If sol arrives, sus will be informed and break taken to speak to sol
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What to tell client before interview
- Explain procedure (inc, can be stopped)
- Sol will be present and intervene when necessary
- Warn not to become hostile/abusive (will undermine credibility)
- Warn not to make personal attacks on others (may lead to prosecution having evidence of prev convictions)
Interview seating arrangements
Solicitor should be allowed to sit beside client and must be able to make eye contact
Interview: when will a solicitor intervene
if…
1. Q techniques are inappropriate/improper
} Irrelevant
} Asserting facts
} Misrepresenting law
} Putting words in clients mouth
} Misrepresenting strength of case against
} Speculative/hypothetical qs
} Threats
} Inducements
} Reference to prev convictions
2. Police behaviour is inappropriate/oppressive
3. Client would benefit from further priv legal advice
4. Concerned abt client behaviour
5. Already sufficient ev to charge
Interview procedure
- Police caution suspect: ‘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’
- Police remind of right to free independent legal advice even if sol present
- Put to suspect any significant statements/silence(if don’t, may be inadmissible at trial)
-Confirm/deny?
-Add anything?
Interview: when will it end
◊ Officer in charge satisfied all qs they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect
For detained suspect-when enough evidence to provide realistic prospect of conviction
Interview: breaks
◊ Must have 8h uninterrupted rest every 24h
◊ Breaks at recognised mealtimes
◊ Refreshment breaks at 2h intervals
Interview: how can a solicitor be removed
If their conduct is such that the interviewer is unable properly to put qs to the suspect. (ie. Answering on behalf of D)
MUST
} Stop interview
} consult officer of at least superintendent
} Give client opp to consult another sol
PC: what to do if client admits guilt
If client intents to give info to police client knows to be false:
-decline to act (duty not to mislead court)
-don’t tell police why (duty of confidentiality)
-Attempt to dissuade client lying as may result in being charged with more serious offence (ie. Perverting course of justice)
If client will give ‘no comment’ interview-can act
PC, conflict: acting for co accused
□ Speak to investigating officer then sus 1 suspect (who asked for you first)
□ If clear conflict (ie. Sus 1 blames sus 2), decline to act for sus 2
□If not, be alert to conflict arising later after, if arises when already seen both suspects, withdraw from case completely
PC confidentiality: disclosing info from one client to another
DONT unless:
□ Obtained other clients consent (preferably in writing)
□ AND Both clients putting forward consistent instructions
□ AND sol considers it in clients best interests
ALSO have regard to overriding duty not to mislead court-to stop clients using you to fabricate defence, get both clients story first before tell them what each other said
If stories inconsistent-withdraw
PC, confidentiality: disclosing info to 3rd parties
DONT unless sol considers it in clients best interests (and explained reasoning to client and obtain their authority (best in writing)
PC: rules re duty to disclose info to client
Must make client aware of all material information of which the solicitor has knowledge
EXCEPT:
1. Disclosure prohibited by national security/prevention of crime
2. Client gives informed written consent
3. Reason to believe serious physical/mental injury will be caused to client/another
4. Info contained in privileged doc, mistakenly disclosed to you
PC: procedure when withdrawing from acting?
Must:
a. Explain to client why
b. Tell client entitled to free legal advice from another sol
c. Explain still owes them a duty of confidentiality
d. Tell custody officer no longer able to act for professional reasons but NOT WHY
3 categories of potentially vulnerable clients
- Juveniles (aged 10-17) (in. anyone who appears under 18 in absence of contrary evidence)
- Mental health condition/mental disorder (inc. anyone suspected to in absence of contrary evidence)
- Deaf/blind/unable to speak/unable to understand English
What must be done on arrest of a vulnerable client
- Inform someone responsible for juveniles welfare as soon as practicable: that they’ve been arrested, why, where being detained
- If no English or hearing/speech impediment: Custody officer must obtain interpreter OR someone able to assist sus with communication
- If blind/serious visual impairment: Custody officer endure theres someone independent (eg. AA, relative, sol) to help check docs
Who needs an appropriate adult?
- Juvenile
- Someone with mental health condition or mental disorder
Order of people to contact to be an appropriate adult (for juvenile and mental health)
Juvenile:
1. Parent/guardian or rep from LA if in their care
2. Social worker from local authority
3. Another responsible adult over 18y and not connected to police (eg aunt/uncle/grandparent)
Mental health:
1. Relative, guardian, someone responsible for their care or custody
2. Someone experienced dealing with vulnerable people
3. Some other responsible adult
Who should NOT be an appropriate adult
- Solicitor
- Police officer/employee
- Interested party (victim, another sus, witness, anyone involved in investigation)
- Person sus made admissions to before being asked to attend police station
- An estranged parent where juvenile expressly objects
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What is the role of an appropriate adult
1.Support, assist and advise sus (particularly during questioning)
2. Ensure suspect understands rights at station/adults role in protecting them
3. Observe if police are acting properly, fairly and with respect of suspects rights
4. Assist with communication between suspect and police
What should the solicitor explain to the client/appropriate adult?
Client:
That AA not bound by duty of confidentiality
Risk of witness summons
Sol must ensure appropriate adult:
1. Is aware of their role
2. Understands its not their role to help the police
3. Knows they shouldn’t answer questions on behalf of suspect
4. Should intervene in interview if they don’t think sus understood q
What must be done in an interview of a vulnerable suspect
Must be cautioned in appropriate adults presence/repeated for them
MUST NOT be interviewed, asked to provide/sign written statement under caution or record of interview without appropriate adult being there
How can an appropriate adult be removed from an interview
- Conduct means cant properly put Qs to suspect
- Stop interview and superintendent/above not connected with investigation listens to interview
- Reminds AA of role and gives chance to respond
- Get new AA
Who decides on a juveniles charge?
- Indictable only-referred to CPS
- First time summary/either way-decided by police
- Not first time-police following assessment by Youth Offending Team
Options for alternatives to charging juveniles?
- Community resolution: informal agreement between parties for minor offence by 1st time offender
- Youth caution: IF sufficient ev to charge, admits guilt and conditional caution not in public interest (need AA if given to 17 or younger)
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Youth conditional caution: if sufficient ev to provide a realistic prospect of conviction, admits guilt, and warned if fail to comply will be prosecuted for original offence
AND Must be aimed at
a. Rehab
b. Reparation
c. Punishment
AND and be capable of being completed in:
a. 16w for summary
b. 20w indictable
Advantages/disadvantages of youth cautions/youth conditional cautions
ADVANTAGES
□ Avoids charge/youth court
□ Not criminal conviction
DISADVANTAGES:
□ Record of fingerprints/photos/DNA
□ Admission of guilt will be on criminal record (although not conviction)
□ May need to be disclosed to employer/prospective employer
□ Police must refer to Youth Offending Team wholl arrange rehabilitation programme
□ Failure to comply=prosecution for original offence/ will be cited in crim proceedings
□ Sex offenders register if applicable
