criminal law and practice

Question 1

What is the normal procedure after a person is arrested?

Answer 1

The person should be taken to a police station as soon as practicable.

Question 2

When might a person not be taken directly to a police station after arrest?

Answer 2

When immediate investigations are necessary, such as searches, verifying an alibi, or being taken to premises being searched.

Question 3

What is ‘street bail’?

Answer 3

Street bail allows a person to be granted bail to attend a police station at a later time, rather than immediately after arrest.

Question 4

What happens to a detainee upon arrival at a police station?

Answer 4

They meet with the custody officer, are informed of their rights, may have non-intimate samples taken, and may consult a solicitor.

Question 5

What responsibilities does a custody officer have?

Answer 5

They manage the welfare of detainees, authorise continued detention, and ensure the grounds for detention are valid.

Question 6

Who can act as a custody officer if the designated one is unavailable?

Answer 6

Another officer not involved in the investigation can assume the role of the custody officer.

Question 7

What happens if there isn’t enough evidence to charge a detainee?

Answer 7

They will be released unless further detention is needed to secure or preserve evidence or conduct further questioning.

Question 8

What must a custody officer do when authorising detention?

Answer 8

Authorise the detention, inform the detainee of their arrest and detention reasons, and explain their rights.

Question 9

When should a custody record be created?

Answer 9

As soon as possible when someone is brought to the station, surrenders voluntarily, or surrenders to bail.

Question 10

What information must be included in a custody record?

Answer 10

The reason for arrest, circumstances of arrest, necessity for arrest, and any comments made by the detainee.

Question 11

Who is responsible for reviewing a detainee’s detention?

Answer 11

The review officer, who is not connected with the investigation and is of a senior rank.

Question 12

When should the first review of a suspect’s detention take place?

Answer 12

Within 6 hours of the detention being authorised, with further reviews every 9 hours.

Question 13

What is the maximum period someone can be held without being charged?

Answer 13

24 hours, though it can be extended for more serious offences with proper authorisation.

Question 14

Under what circumstances can a detention be extended beyond 24 hours?

Answer 14

For serious offences, detention can be extended by senior officers if necessary to secure evidence, and if the investigation is being conducted properly.

Question 15

Can a person be detained for more than 36 hours?

Answer 15

Yes, but only with a warrant from the court, allowing detention for up to 96 hours in total.

Question 16

What are the key rights of someone taken to a police station after arrest? (there are three)

Answer 16

The right to consult a solicitor, the right to have someone informed of their arrest, and the right to consult the Codes of Practice.

Question 17

Can the right to a solicitor be delayed?

Answer 17

Yes, for indictable offences under specific conditions, with written authorisation from a senior officer.

Question 18

Who needs an appropriate adult present during detention?

Answer 18

Individuals under 18, or those who are mentally disordered or vulnerable.

Question 19

Who can serve as an appropriate adult?

Answer 19

A parent, guardian, social worker, or other responsible adult not involved in the investigation.

Question 20

Can an appropriate adult request a solicitor for the detainee?

Answer 20

Yes, though the detainee is not required to see the solicitor if they do not wish to.

Question 21

What must be provided to a solicitor before a police interview?

Answer 21

Enough information for the solicitor to understand the nature of the offence and the reasons for suspicion.

Question 22

What is a ‘significant statement’ in police interviews?

Answer 22

A statement that could be used in evidence, such as an admission of guilt.

Question 23

When should a solicitor intervene during an interview?

Answer 23

If new evidence is introduced, clarification is needed, or if there is inappropriate questioning or behaviour.

Question 24

Under what conditions can a confession be excluded from evidence?

Answer 24

If it was obtained through oppression or circumstances that render it unreliable.