CLP 2 Prelim to Prosecution

Question 1

Who books the suspect in on arrival at the police station

Answer 1

The Custody officer

Question 2

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

Answer 2

If detention is expected to be more than 6 hours

Question 3

What is the role of the custody officer?

Answer 3

• 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

Question 4

Who is responsible for the custody record?

Answer 4

The custody officer

Question 5

At what time must a custody record be opened?

Answer 5

As soon as practicable on arrival

Question 6

What is included in a custody record?

Answer 6

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

Question 7

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

Answer 7

Yes at any time by request

Question 8

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

Answer 8

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.

Question 9

When may the custody officer detain a suspect without chrage?

Answer 9

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

Question 10

Which PACE code deals with suspects in police detention?

Answer 10

Code C

Question 11

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

Answer 11

• 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

Question 12

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

Answer 12

As soon as practicable

Question 13

Under what circumstances can access to legal advice be delayed?

Answer 13

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

Question 14

Who can authorise a delay in legal advice?

Answer 14

Officer of superintendent or above

🦸‍♂️

Question 15

How long can the officer delay legal advice?

Answer 15

• 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

Question 16

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

Answer 16

True

Question 17

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

Answer 17

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.

Question 18

Who can authorise a delay in right to notify?

Answer 18

• Officer of inspector or above

🕵️‍♂️

Question 19

How long can the officer delay the right to notify?

Answer 19

36 hours

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

Question 20

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

Answer 20

24 hours from the relevant time

Question 21

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

Answer 21

Arrival at the police station

Question 22

On what grounds can detention without charge exceed 24 hours?

Answer 22

• 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

Question 23

Who can authorise a detention without charge over 24 hours

Answer 23

Superintendent

Question 24

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

Answer 24

Yes

Question 25

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

Answer 25

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

The suspect must be informed and reasons noted in custody record

Question 26

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

Answer 26

Apply for a warrant from the magistrates.

Question 27

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

Answer 27

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

Question 28

How long can the magistrates extend the detention without charge?

Answer 28

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

Question 29

When must the police get the magistrate’s warrant

Answer 29

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

Question 30

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

Answer 30

• charge the suspect
• release the suspect on police bail
• release the suspect

Question 31

Who authorises a charge?

Answer 31

The CPS

Question 32

When does the detention review clock start?

Answer 32

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.

Question 33

When must detention reviews be carried out?

Answer 33

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

Question 34

What are the considerations of a detention review?

Answer 34

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

Must take representation from suspect, adult, solicitor.

Question 35

Who decides if a suspect is vulnerable?

Answer 35

The custody officer

Question 36

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

Answer 36

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

Question 37

Who CAN be an appropriate adult for Juvenile’s?

Answer 37

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

Question 38

Who CAN be an appropriate adult for Vulnerable people?

Answer 38

• 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

Question 39

Who CANNOT be an appropriate adult?

Answer 39

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)

Question 40

Who can be a custody officer?

Answer 40

• independent of the investigation
• at least sergeant