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SQE 1 - FLK2 - CLP > CLP 2 Prelim to Prosecution > Flashcards

CLP 2 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 chrage?

A

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

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

A

True

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14
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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15
Q

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

A

Arrival at the police station

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16
Q

Who can authorise a detention without charge over 24 hours

A

Superintendent

17
Q

On what grounds can detention without charge exceed 24 hours by the Superintendent, or 36 hours by the magistrates?

A

indictable only
.
- Authorisation is given within the period
.
- The investigation is being conducted diligently and expeditiously
.
- The person has reasonable grounds for believing detention is necessary to
- secure or preserve evidence or
- secure or obtain evidence by questioning

18
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

19
Q

What is the maximum time the police can extend detention without charge to for an indictable offence?

A

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

The suspect must be informed and reasons noted in custody record

20
Q

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

A

Apply for a warrant from the magistrates.

21
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

22
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.

23
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
24
Q

Who authorises a charge?

A

The CPS

25
Q

When does the detention review clock start?

A

on detention of the suspect.

NOTE: this is different to the detention without charge clock which starts on entering the police station.

26
Q

When must detention reviews be carried out?

A

First after 6 hours,
Remaining within 9 hours of the last detention review

27
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.

28
Q

Who decides if a suspect is vulnerable?

A

The custody officer

29
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
- hinder the recovery of property
.
- alerting suspects not yet arrested

30
Q

Who CAN be an appropriate adult for Juvenile’s?

A
  • Parent
  • Guardian
  • social worker
  • a responsible adult not connected to the police
31
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
32
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)

33
Q

Who can be a custody officer?

A
  • independent of the investigation
  • at least sergeant

SQE 1 - FLK2 - CLP (37 decks)

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