CLP WK 1 Flashcards
What does PACE stand for?
Police and Criminal Evidence Act
What does the “P” in the PACE mnemonic stand for?
Power (identify the specific power being used)
What does the “A” in the PACE mnemonic stand for?
Authority (what is the legal basis for the power?)
What does the “C” in the PACE mnemonic stand for?
Criteria (what conditions must be met to use the power?)
What does the “E” in the PACE mnemonic stand for?
Exercised (was the power used correctly?)
What is the minimum rank a custody officer must hold?
Sergeant
Can a custody officer be involved in the investigation of a detainee they are responsible for?
No, they must be unrelated to the investigation.
What are two key responsibilities of the custody officer?
Authorising detention and ensuring detainee welfare
What document must be opened for each detainee?
Custody record
Name three details that must be recorded in the custody record.
Reasons for arrest, circumstances and necessity of arrest, and comments made by the detainee.
Does a solicitor have the right to see the custody record?
Yes, as soon as practicable.
Which section of PACE guarantees the right to consult a solicitor?
Section 58
Must a suspect be informed of their right to a solicitor?
Yes, before key events like interviews or searches.
Can the police proceed with an interview if a suspect requests legal advice?
No, they must wait for the solicitor’s arrival.
What must happen if a suspect initially declines legal advice but later changes their mind?
The interview must stop until legal advice is given.
Under what condition can legal advice be delayed?
The suspect must be in detention for an indictable offence.
What rank of officer must authorise the delay of legal advice?
Superintendent
Name two reasons why legal advice might be delayed.
To prevent interference with evidence or harm to others.
What is the maximum duration for which legal advice can be delayed?
36 hours
What section of PACE covers the right to have someone informed of arrest?
Section 56
Can the police delay notification of arrest?
Yes, under the same conditions as delaying legal advice (s.58).
What is the maximum duration for which notification of arrest can be delayed?
36 hours
In what two situations is an appropriate adult required?
For suspects under 18 or those who are mentally disordered or vulnerable.
Give three examples of who could be an appropriate adult for a juvenile.
Parents, guardians, social workers
Give two examples of who could be an appropriate adult for a vulnerable adult.
Parents, guardians
Can interviews proceed without an interpreter if the suspect needs one?
Generally, no.
Name two exceptions when interviews may proceed without an interpreter, even if one is needed.
If delaying would lead to interference with evidence or harm to others.
What is the minimum number of meals a detainee should receive in 24 hours?
Three (two light and one main)
What are the three main rights of a suspect in custody?
Right to legal advice, right to have someone informed of their arrest, right to an appropriate adult.
What is the definition of a police interview according to PACE?
Questioning of a person regarding their involvement or suspected involvement in a criminal offence
What does it mean to conduct an interview “under caution”?
The suspect must be informed of their right to remain silent and the potential consequences of speaking.
Must the caution be repeated during an interview?
Yes, after any break.
Name three steps that take place before a police interview.
Authorization of continued detention, informing the suspect of their rights, opportunity to consult with a solicitor.
What are the three possible outcomes after a police interview?
Release, charge, remand
What is the typical role of the Investigating Officer (IO)?
Leads the interview and provides pre-interview disclosure to the suspect’s solicitor.
Give two reasons why an interview might be conducted outside a police station.
To avoid harm to evidence or people, or to prevent alerting other suspects.
Does a suspect have a general right to full disclosure of evidence?
No
What does it mean for a suspect to be “fit for interview”?
They understand the significance of the questions and are not under the influence of drugs, alcohol, or illness.
Name two key roles of the solicitor during a police interview.
To protect the suspect’s interests and to clarify any ambiguities.
Give two examples of inappropriate questioning during an interview.
Misrepresenting information or using repetitive questioning.
Which section of PACE deals with excluding confessions obtained through oppression?
Section 76
Which section of PACE gives the court discretion to exclude any evidence if it would affect the fairness of the trial?
Section 78
What is the main purpose of a police interview?
To gather evidence
