CLP 10 - A Suspect's Rights Flashcards
Who must communicate a suspect’s rights at the police station?
The custody officer.
Are suspect rights continuous?
Yes – they are exercisable at any time unless lawfully delayed under PACE.
Where are rights and responses recorded?
In the custody record.
What are the 3 core rights of a suspect in custody?
- Private consultation with a solicitor
- Have someone informed of their arrest
- Access to the Codes of Practice (COP)
How can a suspect consult a solicitor?
In person, over the phone, or in writing – as soon as practicable.
When must a suspect be reminded of their right to legal advice?
- Before interviews
- Before intimate samples
- During intimate drug searches
- Before ID/video ID procedures
What happens if a suspect initially refuses legal advice but later changes their mind?
Interview must stop and resume only once a solicitor is present.
How long can legal advice be delayed?
Yes – up to 36 hours.
What are valid grounds to delay legal advice?
- Written authorisation from officer at least rank of superintendent
- Indictable offence
- Reasonable grounds to believe:
1. Interference with evidence or people
2. Alerting other suspects not yet arrested
3. Hindering property recovery
What happens if legal advice is delayed post-interview?
Restrictions apply on drawing adverse inferences in court.
Who can be informed of a suspect’s arrest?
A friend, relative, or another person.
Is the right to inform someone of arrest publicly funded and repeatable?
Yes – every time the suspect is moved to another station.
What are the requirements to have right to inform someone delayed?
- Written authorisation from officer at least rank of inspector
- Indictable offence
- Reasonable grounds to believe:
1. Interference with evidence or people
2. Alerting other suspects not yet arrested
3. Hindering property recovery
Is it easier to delay the right to inform someone than legal advice?
Yes, but the delay must be proportionate and no longer than necessary.
What does the right to access the Codes of Practice (COP) allow the suspect to do?
Access the rules and procedures governing police conduct under PACE.
Who is entitled to an appropriate adult?
- Anyone under 18
- Anyone mentally disordered or vulnerable
Who can be an appropriate adult for a youth?
- Parent/guardian
- Social worker/care rep
- Any suitable adult (not police)
Who can be an appropriate adult for a mentally vulnerable person?
- Relative
- Experienced individual
- Cannot be a minor, police, or police employee
Who cannot act as an appropriate adult?
- Suspect’s solicitor
- Witness or victim
- Police officers/employees
- Estranged parent objected to by suspect
- Anyone who received admissions before acting
- Anyone with low IQ
What are the responsibilities of an appropriate adult?
- Ensure detainee understands what’s happening
- Support and advise detainee
- Monitor police conduct
- Assist communication
- Ensure rights are protected
When can an interview proceed without an appropriate adult?
Only in emergencies, e.g. to prevent:
* Evidence loss
* Harm to others
* Property loss/damage
* Alerting other suspects
* Hindering recovery of property
* Must be authorised by superintendent + recorded
Who determines the need for an interpreter?
The custody officer.
Can police interview without an interpreter?
Only if a superintendent authorises, and only to prevent:
* Evidence interference
* Harm to others
* Serious property damage/loss
How many detainees should be held per cell?
One, as far as possible.
