Criminal Practice 2: Police Station Flashcards
What rights does a suspect at a police station have (general)?
- access to free legal advice
- access to free medical help and interpreter
- right to notify someone of their arrest
- right to inspect police codes of practice
- right to silence
- right to be informed of reason of their arrest
- right to inspect documents relating to there arrest and detention
- right to information on detention time limits
Who determines if free legal advice to suspect in police station should be via phone or in person?
DSCC call centre who is connected when right is exercised
Can right to free legal advice for suspect in station be vetoes or delayed?
Can be delayed only when:
- suspect is arrested on an indictable offence only or either way offence
- superintendent or above in rank authorises delay in writing;
- officer has reasonable grounds to believe that exercise of right will lead to interference with evidence or others, alert other suspects or hinder recovery of property related to the offence
How long can asses to free legal advice for suspect in station be delayed for?
- 36 hours at most
Can right to inform of arrest in station be vetoes or delayed?
Delay (max of 36 hours) permitted only when:
- suspect is arrested on an indictable offence only or either way offence
- superintendent or above in rank authorises delay in writing;
- officer has reasonable grounds to believe that exercise of right will lead to interference with evidence or others, alert other suspects or hinder recovery of property related to the offence
How long can a suspect be held in custody?
24 hours starting when they arrive at the station
Extension 1
- further 12 hours (36 total)
Extension 2
- further 36 hours (72 total)
Extention 3
- further 24 total of 96 hours (3 days)
What is required to extend amount of time suspect can be held in custody?
Extension 1 (12 addition hours)
- has to be indictable only or either way offence
- superintendent or higher must authorise
- officer to have reasonable grounds for believing extension is necessary to secure or preserve evidence or obtain evidence by questioning
- investigation must be being conducted diligently and expeditiously
Extension 2&3 (additional 36 & 24 hours)
Warrant must be sought from magistrates court which is granted if:
- suspect is arrested on suspicion of an indictable only or either way offend
- court has reasonable grounds for believing extension is necessary to secure or preserve evidence or obtain evidence by questioning
- investigation must be being conducted diligently and expeditiously
When must identification procedures be held?
When
- a witness has identified or purported to identify a suspect
- a witness expresses an ability to identify a suspect; or
- there is a reasonable chance of an eyewitness being able to identify a suspect
No need to do it if witness knows and can recognise D easily
- maybe if they have not seen them in a long time
What are the rights of suspects in identification procedures?
- have purpose of procedure explained
- have free legal advice and have solicitor or friend present
- To have their obligations explained and the consequences of their decisions. there are:
- suspect need not cooperate but procedure may still be done covertly and non-corporation may be raised at trial
- if suspect changes their appearance between notification of; and procedure, it may be raised at trial
What are the rules for Video Identification?
- video of suspect and 8 others that resemble them in age, height, appearance and position in life
- distinguishing fealties must be concealed
- suspect and lawyer can raise reasonable objections
- video must be shown twice
- witness warned that suspect may not be featured
- if multiple witness they must be separated
What are the rules for Identification Parade?
- 8 others that resemble them in age, height, appearance and position in life
- if multiple witnesses should be separated
- suspect can object to arrangement and participants and choose spot in line
- should be recorded or colour photographed
- witness should be warned that suspect may not be present
What are the rules for Group Identification?
witness sees suspect in informal group setting
- can be without suspects consent
- location should take into account the appearance of others present
- video/colour photo must be taken
What are the rules for Confrontation?
- witness must be warned that suspect may not be present
- suspects solicitor/friend may be present unless it would cause undue delay
- suspect should not be restrained at time of identification
- Witness to be asked: “is this the person you saw on the earlier occasion”?
What possible objects can a suspect raise to video identification?
- a failure to take into account reasonable objections to appearance of others
- a failure to keep the witness away from the suspect before or during identification process
- a failure to keep witness apart before or during the identification process
- a failure to warn the witnesses that the suspect might not show at all
What happens if the procedural rules of identification process are breached?
- the evidence may be excluded
Court will consider whether its admission would have such an adverse effect on the fairness of trial that it ought to be excluded
When should a suspect not be interviewed in police station?
If they seem unable
- to to appreciate the significance of the question or answers
- to understand what is happening owning to intoxication or any other condition
What are a suspects rights when being interviewed?
Legal representation present and advice prior to interview
- lawyer will inspect custody record (log of time in detention)
- lawyer will obtain disclosure prior to interview (police must supply sufficient information for them to understand the offence and reason for suspicion) (but no duty to supply evidence)
Right to Remain silence
- caution will be given at beginning at interview giving rights and warning that anything said can be used as evidence and failure to mention something they later rely on in court may result in adverse inference
What caution must police give during interview?
- Must alway caution that
right to remain silence, anything said can be used as evidence, failure to mention something later relied upon may lead to adverse inference
2 Special Caution
- use if suspect presence at scene or an object, substance or mark found on them at time of arrest
Caution must
- outlining what offence is being investigated; and
- what fact suspect is being asked to comment on; and
- warning of adverse inference of silenceif they fail to provide account
What are the suspects options during interview?
Answer questions
- and give a full account
Decline to answer
Hand in written statement
- setting out their account t and decline to answer further questions
When might a suspect be a vulnerable suspect? What additional rights do they have?
May include:
- under 18s
- suspects with mental disorders or other vulnerabilities
It is responsibility of custody officer to identify vulnerable suspects at beginning of detention.
Safeguards they have:
- entitled to access an appropriate adult
- ie. parent, guardian, representative from care organisation, social worker, or volunteer not affiliated with the police
What are the rules governing access to adult for vulnerable suspects?
- adult should be present at interview
- when appointing adult wishes of suspect should be taken into account
- if suspect is vulnerable and appropriate adult was not called the admissibility of any evidence obtained during interview may be excluded
When might there be oppression or inducement in a police interview?
- torture, inhuman or degrading treatment
- too many officers present at interview
- if room is not well lit, heated or ventilated
Inducement
- any promise by police (promise of police caution, bail or police warning)
What is the solicitors role at police station (including at interview)?
Generally only role is to protect and advance legal rights of client. Including:
- protecting clients rights
- obtaining disclosure
- advising client on answering questions during interview (including to avoid them giving evidence that may help prosecution)
- intervene in interview to seek clarification, challenge improper questioning ask for break to give legal advice
What may be improper conduct by solicitor at interview? What is the consequence?
Cannot obstruct the conduct of the interview such as:
- telling suspect what to say
- answering on clients behalf
Consequences
- may be removed from interview only if authorised by superintendent
- defendant would then be entitled to speak to another solicitor
What must the court do if it refuses bail or imposes conditions?
Must give its reasons in open court
If bail is refused
- d is issued certificate of full argument (confirming court heard full argument on application for bail before refusing)
When does defendant have right to bail?
Generally have right to bail unless court finds:
- (1) an exception to the right to bail applies; and
- (2) there is a real prospect of custodial sentence being imposed if convicted
Exception:
- murder charge presumption is against bail
- applications heard by crown court
- can only be granted bail if there is no significant risk that D would commit an offence likely to cause physical or mental injury to another person
What are the exceptions to right to bail?
- There are substantial grounds for believing the D would:
- fail to surrender for next hearing;
- commit further offences whilst on bail;
- interfere with witnesses or otherwise obstruct justice; or
- would commit an offence on bail that would cause (or cause fear of) physical or mental injury to an associated person. - They are charged with offence that could be tried at crown court and they were on bail at time of the offence.
- Custody is for their own protection.
- There is insufficient information to make a decision on bail.
- They have failed to surrender or breached bail conditions in the same proceedings.
What does the court consider when deciding if there are ‘substantial grounds’ in bail application?
- the nature and seriousness of the offence and the probable method of dealing with it
- D’s character, previous convictions, association and community ties
- D’s record on complying with bail obligations
- The strength of evidence (stronger the evidence, the less likely bail with be granted); and
- The risk that the D might engage in conduct that would, or would be likely, to cause physical or mental injury
What restrictions are there on conditions that can be attached to bail by court?
Must be:
- relevant,
- proportionate; and
- enforceable
What are conditions that can be attached to bail?
- requirement to reside in specific address
- requiring to report to local police station
- prohibition from going to specific place
- prohibition from contracting certain identified individuals
- curfew
- electronic tag
When is bail considered?
Court must consider it at every hearing
But defendant can only make 2 bail applications per case
- can make additional request only if there is a change in circumstance (ie new evidence in their favour or new bail address)
What happens if a defendant breaches bail conditions?
Breaches Bail conditions
- can be arrested without warrant
- bail can be withdrawn or more conditions
Fails to Surrender
- commit a separate offence and risk their bail being revoked
What may the police do if suspect is not yet identified?
Take witness to the scene of the crime to see if suspect can be identified locally
Formal Identification procedure MUST then be carried out
