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CLP SQE > CLP 1 Prelim to Prosecution > Flashcards

CLP 1 Prelim to Prosecution Flashcards

1
Q

Who books the suspect in on arrival at the police station

A

The Custody officer

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2
Q

Normally a suspect can be taken to any police station, when can they only be taken to a designated police station?

A

If detention is expected to be more than 6 hours

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3
Q

What is the role of the custody officer?

A
  • 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
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4
Q

Who is responsible for the custody record?

A

The custody officer

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5
Q

At what time must a custody record be opened?

A

As soon as practicable on arrival

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6
Q

What is included in a custody record?

A

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

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7
Q

Can the suspect, a suitable adult, or their solicitor view the custody record?

A

Yes at any time by request

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8
Q

Once a suspect is booked, what does the custody officer do next?

A

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.
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9
Q

When may the custody officer detain a suspect without charge beyond 24 hours?

A

Authorisation super intendent.
if they have reasonable grounds for believing that the suspect’s detention is necessary to:
a) secure evidence; or
b) obtain evidence through questioning

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10
Q

Which PACE code deals with suspects in police detention?

A

Code C

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11
Q

When must the suspect by informed of their right to legal advice?

A
  • 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
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12
Q

Generally, if a suspect requests legal advice when should a suspect be able to consult with a lawyer?

A

As soon as practicable

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13
Q

Under what circumstances can access to legal advice be delayed?

A

The officer has reasonable grounds to believe that exercising the legal right will:
- harm evidence or other people
- alert others
- hinder recovery of property

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14
Q

Who can authorise a delay in legal advice?

A

Officer of superintendent or above

🦸‍♂️

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15
Q

How long can the officer delay legal advice?

A
  • 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
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16
Q

A suspect has a right to have someone informed of their arrest , true or false?

A

True

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17
Q

Under what circumstances can the right to have someone notified of the suspect’s arrest be delayed?

A

Its an indictable offence
AND
the INSPECTOR 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.

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18
Q

Who can authorise a delay in right to notify?

A
  • Officer of inspector or above

🕵️‍♂️

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19
Q

How long can the officer delay the right to notify?

A

36 hours

The suspect must be informed and a note in the custody record

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20
Q

What is the general rule as to how long someone can be detained without charge?

A

24 hours from the relevant time

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21
Q

What is the relevant time when considering the period of detention without charge?

A

Arrival at the police station

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22
Q

What are the requirements for when detention without charge can exceed 24 hours?

A
  • 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
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23
Q

Who can authorise a detention without charge over 24 hours

A

Superintendent

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24
Q

If the police wish to extend detention without charge over 24 hours, must the defendant or their solicitor be allowed to make representations?

A

Yes

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25
Q

What is the maximum time the police can extend detention without charge to?

A

36 hours ( a further 12 hours over the initial 24 hours)

The suspect must be informed and reasons noted in custody record

26
Q

How can the police detain someone without charge for more than 36 hours?

A

Apply for a warrant from the magistrates.

27
Q

Under what circumstances can the magistrates extend someone’s detention in police custody without charge for over 36 hours?

A

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

28
Q

How long can the magistrates extend the detention without charge?

A

36 hours, then a further (up to) 36 hours
Total time in custody without charge cannot exceed 96 hours

29
Q

When must the police get the magistrate’s warrant

A

they MUST have it before the initial 36 hours are up. Magistrates cannot warrant an extension if the deadline has already passed.

30
Q

What are the options when the time in police detention without charge is up?

A
  • charge the suspect
  • release the suspect on police bail
  • release the suspect
31
Q

Who authorises a charge? (Institution)

A

The CPS

32
Q

When does the detention review clock start?

A

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.

33
Q

When must detention reviews be carried out?

A

The first review must take place within 6 hours of detention being authorised periodically every 9 hours thereafter

34
Q

What are the considerations of a detention review?

A
  • is there sufficient evidence to charge?
  • if not, is detention still needed?

Must take representation from suspect, adult, solicitor.

35
Q

Who decides if a suspect is vulnerable?

A

The custody officer

36
Q

Can a vulnerable person or juvenile be interviewed or asked to sign a written statement without an appropriate adult?

A

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

37
Q

Who CAN be an appropriate adult for Juvenile’s?

A
  • Parent
  • Guardian
  • social worker
  • a responsible adult not connected to the police
38
Q

Who CAN be an appropriate adult for Vulnerable people?

A
  • 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
39
Q

Who CANNOT be an appropriate adult?

A

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)

40
Q

Who can be a custody officer?

A
  • independent of the investigation
  • at least sergeant
41
Q

Can the right to inform someone of your arrest be delayed for a summary offense?

A

Nope, indictable only.

42
Q

What rights does a juvenile or mentally vulnerable person have under para 6.5A of Code C, PACE 1984?

A

He can have a consultation with his solicitor before the appropriate adult arrives at the police station.

43
Q

What happens if a suspect initially declines legal advice but changes their mind during the interview?

A

If a suspect initially declines access to legal advice but later changes their mind and informs the interviewing officer, the interview must be stopped.

44
Q

What must an inspector do before a suspect is interviewed if they initially didn’t want legal advice?

A

1) Ensure the reasons for their decision are recorded on the custody record.
2) Contact the suspect’s solicitor.
3) Provide written authority for the interview to proceed.

45
Q

When does the period of detention begin for a person attending a police station voluntarily?

A

The period of detention does not begin until the person has been arrested.

46
Q

When is publicly funded legal advice limited to telephone advice only, and what are the exceptions?

A

Publicly funded legal advice is limited to telephone advice in the following cases:

Arrest for a non-imprisonable offence (e.g., jaywalking, littering, or minor public order offenses like being drunk and disorderly).

Arrest on a bench warrant.

Arrest for specific driving offenses (e.g., drink-driving).

Detention related to breach of police or court bail conditions.

47
Q

What could make being being held longer than 24 hours lawful?

A

Suspect is charged!

48
Q

Can police bail under s37 of PACE 1984 include a condition requiring residence at a bail hostel?

A

No, police bail under s37 of PACE 1984 cannot include a condition requiring the person to reside at a bail hostel.

49
Q

Does a solicitor’s duty of confidentiality extend to becoming party to a crime? E.g. Client informs me of a crime their son is about to commit to keep witness quiet.

A

No, a solicitor’s duty of confidentiality does not extend to becoming party to a crime (Gartside v Outram [1857]). If a conflict of interest arises, the solicitor cannot continue to act for the client.

50
Q

Should a juvenile’s wishes about who acts as their appropriate adult be considered?

A

Yes, a juvenile’s wishes about who should act as their appropriate adult should be taken into account (cf Blake (1989) 89 Cr App R 179; Morse).

51
Q

What are the options for dealing with a suspect under s37(7)(a) of PACE 1984 while a decision to charge is pending?

A

Under s37(7)(a) of PACE 1984, the suspect can either be:

Detained in custody, or
Released on unconditional or conditional bail pending a decision to charge.

52
Q

When does the ‘detention clock’ start and stop under PACE 1984, and what is the exception for breaches of pre-charge bail?

A

The detention clock starts ticking from the suspect’s arrival at the police station (s41(a) PACE 1984).

At any time, the suspect can be released on bail (with or without conditions), stopping the clock. It resumes when police bail is answered.

Exception: For breaches of pre-charge bail, the first 3 hours after arrival at the station do not count toward detention (s47(6A) PACE 1984).

Example:
The suspect arrives at the station at 5 PM, but 2 hours had already been used before release on bail.

For breach of bail, the first 3 hours after re-arrest (until 8 PM) are excluded.
The clock resumes at 8 PM with 22 hours remaining.
Detention expires at 6 PM the following day.

53
Q

How is an interview defined under PACE 1984?

A

An interview is defined as “the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.”

54
Q

What are the possible outcomes for a suspect after a police interview?

A

After the interview, a suspect may be:

Released under investigation or on police bail.

Charged and released on police bail to appear at the magistrates’ court at a later date.

Charged and remanded in police custody to appear at the magistrates’ court the following day.

55
Q

When must a person be cautioned during a police interview?

A

A person must be cautioned before the interview takes place.

They should be cautioned again at the recommencement of an interview after a break.

56
Q

What are the rules on disclosure before a police interview under PACE?

A

here is no general right to disclosure before an interview, except for:

A significant statement: A statement capable of being used in evidence, particularly a direct admission of guilt (e.g., a confession).

A significant silence.

The custody record.

PACE Code C 11.1A: Before the interview, a solicitor must be given sufficient information to understand the nature of the offence and why their client is suspected.

57
Q

What are the rules for recording police interviews under PACE?

A

Interviews must be contemporaneously recorded.

Audio recording is required for interviews under caution for any indictable offence.

Interviews can be recorded in writing if: It relates to a minor offence.

The person has not yet been arrested.

It takes place outside a police station.

58
Q

What are the rules regarding fitness for interview under PACE? What is the exception?

A

A person should not be interviewed if they are unable to:

Appreciate the significance of the questions asked and their answers.

Understand what is happening due to the effects of drink, drugs, illness, ailment, or condition.

Exception: An officer of Superintendent rank can authorise an interview in these circumstances.

59
Q

What are a solicitor’s responsibilities and considerations during a police interview?

A

Before the interview:
Obtain pre-interview disclosure and discuss the case with the client.

During the interview, consider intervening if:
New information or evidence is referred to or produced without prior disclosure.
Clarification on a matter is required.
There is inappropriate questioning or behaviour.
The client requires further advice.
A break is needed.
The circumstances require intervention.

Necessary intervention for inappropriate questioning techniques, such as:
Misrepresenting information (e.g., upgrading responses or inaccurate summaries).
Asking hypothetical or repetitive questions.
Disrupting listening (e.g., not listening to responses or assuming answers before the client finishes).

60
Q

Who carries out the review of the suspects’ review?

A

An officer of at least the rank of inspector who is not connected with the investigation must conduct the review, considering whether the grounds for detention still exist

CLP SQE (14 decks)

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