CLP2 Police Station Advice Flashcards
Should a solicitor passively take notes during representation?
No, the solicitor’s role is not passive and requires active engagement.
What is the solicitor’s role in active defense?
A solicitor should actively defend and promote their client’s interests, not take a passive role.
When is a person considered vulnerable during police detention?
A person is vulnerable if they have a mental health condition or disorder that affects their understanding, communication, or response during detention or interview.
Should someone under the influence of drink or drugs generally be treated as vulnerable?
No, they should not generally be treated as vulnerable due to intoxication alone.
What happens if a custody officer identifies a suspect as vulnerable
The vulnerable suspect must be provided access to an appropriate adult.
What are the three options for a suspect during an interview?
The suspect can either (1) answer questions, (2) make no comment, or (3) provide a written statement and then go no comment.
What must a lawyer explain regarding remaining silent in an interview?
The lawyer must explain the possibility of adverse inferences from remaining silent.
What is a prepared written statement?
A statement handed in at the start of the interview that sets out the defense, often used to avoid adverse inferences.
Why might a prepared written statement be risky?
Because if facts not included are relied upon later, it could still lead to adverse inferences, and the client will still need to answer no comment in the interview.
Q: What must the prosecution prove in a criminal case?
The prosecution must prove beyond reasonable doubt that the defendant is responsible for the crime.
What constitutes visual identification evidence by an eyewitness?
It involves an eyewitness recognizing someone they have seen before committing the crime or seeing the suspect commit the crime and being able to identify or describe them.
What are examples that are not considered visual identification evidence?
Mere description of clothing or vehicle (e.g., “He was wearing a purple jumper”).
The suspect’s connection to a place or others at the scene (e.g., “Maria is always at the café on Saturdays”).
A general description of the suspect’s appearance (e.g., “He was 5’7” with dark hair and blue eyes”).
What is PACE Code D concerned with?
PACE Code D deals with the procedures for visual identification of suspects by eyewitnesses.
When should an identification procedure be held according to PACE Code D?
When an offense has been witnessed and an eyewitness:
Has identified or purported to identify a suspect.
Is available and expresses an ability to identify the suspect.
Has a reasonable chance of being able to identify the suspect.
And the suspect disputes being the person the eyewitness claims to have seen.
Under what circumstances is an identification procedure not required?
If it’s not practicable, serves no useful purpose (e.g., the suspect is already known to the eyewitness), or if exceptions apply.
What identification procedures are available when the suspect’s identity is known?
Video Identification: Showing the eyewitness moving images of the suspect alongside similar images of others.
Identification Parade: The suspect stands in a lineup with others who resemble them.
Group Identification: The eyewitness observes the suspect in an informal group setting.
What methods are used when the suspect’s identity is unknown?
Eye witnesses can be shown photographs or taken to specific areas to attempt to identify the alleged offender.
Who is responsible for arranging and conducting eyewitness identification procedures?
An officer not below the rank of inspector who is not involved in the investigation, known as the “identification officer.”
What is the primary identification procedure used if the suspect is available?
The suspect should be invited to participate in a video identification procedure, unless it’s not practicable or an identification parade is more suitable.
What are the formalities required before a video identification procedure?
Record the description given by the eyewitness and provide a copy to the suspect or their solicitor.
Provide the suspect with a notice explaining the purpose of the procedure, their rights, and the process, including the right to legal advice.
What is VIPER in the context of identification procedures?
VIPER (Video Identification Parade Electronic Recording) is a process where the suspect is videoed, and images are compiled with at least eight others who resemble the suspect.
What rights does a suspect have during a VIPER procedure?
To see the set of images before the eyewitness views them.
To object to the images or participants if there are reasonable grounds.
To have their solicitor present, with prior agreement from the identification officer.
What are key considerations during the video identification procedure to ensure fairness?
Concealing or replicating any unusual features.
Ensuring the eyewitness is told the suspect may or may not be in the images.
Recording the procedure with video and sound, capturing all interactions.
What is group identification, and when might it be used?
Group identification involves the eyewitness observing the suspect in an informal group setting. It can occur with or without the suspect’s consent.
What happens if there is a breach of PACE Code D during identification?
The trial judge determines if a breach occurred.
If a breach is found, the defense may apply to exclude the evidence under Section 78 of PACE.
Evidence may be excluded if admitting it would adversely affect the fairness of the proceedings.
Q: Does a breach of Code D automatically exclude identification evidence?
A: No, the judge must assess whether the breach significantly prejudices the accused and whether admitting the evidence would impact the fairness of the trial.
Q: What can the defense do if identification evidence is admitted despite a breach of Code D?
Comment on the breach during the closing speech.
The judge should direct the jury to consider the significance of the breach and its impact on the evidence.
