CLP 1 Prelim to Prosecution Flashcards
Who books the suspect in on arrival at the police station
The Custody officer
Normally a suspect can be taken to any police station, when can they only be taken to a designated police station?
If detention is expected to be more than 6 hours
What is the role of the custody officer?
- responsible for suspect’s welfare
- opens custody record
- Informs suspect of the reason for their arrest and detention
- informing suspect of rights under detention
- responsible for the authorisation of detention & release
Who is responsible for the custody record?
The custody officer
At what time must a custody record be opened?
As soon as practicable on arrival
What is included in a custody record?
Details of:
- Suspects details
- the offence
- time of arrest
- why arrest was needed
- time of arrival at the police station
- time of interview
- confirmation that rights explained to suspect
- any comment / requests made by the suspect
Can the suspect, a suitable adult, or their solicitor view the custody record?
Yes at any time by request
Once a suspect is booked, what does the custody officer do next?
Decides whether sufficient evidence to charge.
- If so, should charge then either release on bail or remand them into police custody.
- If not, should release on bail or unconditionally unless detention can be justified.
When may the custody officer detain a suspect without chrage?
if they have reasonable grounds for believing that the suspect’s detention is necessary to:
a) secure evidence; or
b) obtain evidence through questioning
Which PACE code deals with suspects in police detention?
Code C
When must the suspect by informed of their right to legal advice?
- on arrival at the police station
- on arrest following voluntary attendance at a police station
- immediately before the commencement or re-commencement of any interview.
- intimate samples / drug searches
- ID parade
Generally, if a suspect requests legal advice when should a suspect be able to consult with a lawyer?
As soon as practicable
Under what circumstances can access to legal advice be delayed?
The officer has reasonable grounds to believe that exercising the legal right will:
- harm evidence or other people
- alert others
- hinder recovery of property
Who can authorise a delay in legal advice?
Officer of superintendent or above
🦸♂️
How long can the officer delay legal advice?
- Only for so long as the grounds to justify the delay exist.
- Max 36 hours
- The suspect must be informed and a note in the custody record
A suspect has a right to have someone informed of their arrest , true or false?
True
Under what circumstances can the right to have someone notified of the suspect’s arrest be delayed?
Its an indictable offence
AND
the officer has reasonable grounds to believe that exercising the legal right will:
- lead to interference or harm to evidence or other people
- lead to alerting others who have not yet been arrested
OR
where the officer has reasonable grounds to believe that:
- the person detained has benefited from their criminal conduct
- the recovery of property will be hindered by informing the named person of their arrest.
Who can authorise a delay in right to notify?
- Officer of inspector or above
🕵️♂️
How long can the officer delay the right to notify?
36 hours
The suspect must be informed and a note in the custody record
What is the general rule as to how long someone can be detained without charge?
24 hours from the relevant time
What is the relevant time when considering the period of detention without charge?
Arrival at the police station
What are the requirements for when detention without charge can exceed 24 hours?
- The offence is indictable
- Authorisation is given within the initial 24 hour period
- The investigation is being conducted diligently and expeditiously
- The superintendent has reasonable grounds for believing detention is necessary to
- preserve evidence or
- secure or obtain evidence by questioning
Who can authorise a detention without charge over 24 hours
Superintendent
If the police wish to extend detention without charge over 24 hours, must the defendant or their solicitor be allowed to make representations?
Yes
What is the maximum time the police can extend detention without charge to?
36 hours ( a further 12 hours over the initial 24 hours)
The suspect must be informed and reasons noted in custody record
How can the police detain someone without charge for more than 36 hours?
Apply for a warrant from the magistrates.
Under what circumstances can the magistrates extend someone’s detention in police custody without charge for over 36 hours?
the court is satisfied that there are reasonable grounds for believing that further detention is justified to:
- secure evidence
- question the suspect
- the investigation is being conducted diligently and expeditiously
How long can the magistrates extend the detention without charge?
36 hours, then a further (up to) 36 hours
Total time in custody without charge cannot exceed 96 hours
When must the police get the magistrate’s warrant
they MUST have it before the initial 36 hours are up. Magistrates cannot warrant an extension if the deadline has already passed.
What are the options when the time in police detention without charge is up?
- charge the suspect
- release the suspect on police bail
- release the suspect
Who authorises a charge?
The CPS
When does the detention review clock start?
When the custody officer first authorises the detention of the suspect.
NOTE: this is different to the detention without charge clock which starts on entering the police station.
When must detention reviews be carried out?
First after 6 hours,
Remaining within 9 hours of the last detention review
What are the considerations of a detention review?
- is there sufficient evidence to charge?
- if not, is detention still needed?
Must take representation from suspect, adult, solicitor.
Who decides if a suspect is vulnerable?
The custody officer
Can a vulnerable person or juvenile be interviewed or asked to sign a written statement without an appropriate adult?
No Unless delay would be likely to:
- interfere or harm evidence
- interfere or harm other people
- serious loss or damage of property
- alerting suspects not yet arrested
- hinder the recovery of property
Who CAN be an appropriate adult for Juvenile’s?
- Parent
- Guardian
- social worker
- a responsible adult not connected to the police
Who CAN be an appropriate adult for Vulnerable people?
- relative, guardian or other person responsible for their care
- someone experienced in dealing with vulnerable people (not police)
- a responsible adult not connected to the police
Who CANNOT be an appropriate adult?
anyone who:
- is suspected of being involved with the offence
- Is a victim or witness to the crime
- is involved in the investigation
- Has received admissions from the suspect before acting
- is a solicitor representing the juvenile
- is an estranged parent (if not wanted)
Who can be a custody officer?
- independent of the investigation
- at least sergeant
