Criminal Practice (Police Powers) Flashcards

1
Q

What does s.76 PACE address?

A

It allows a defence to challenge the admissibility of confession evidence due to breaches of Codes of Practice.

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2
Q

What is the significance of s.78 PACE?

A

It allows a defence to challenge prosecution evidence if it adversely affects fairness.

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3
Q

Under s.24 PACE, when can a constable arrest without a warrant?

A

A constable can arrest if there is a ground for arrest and a necessity for the arrest.

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4
Q

What must happen upon arrest according to PACE Code C?

A

The suspect must be cautioned as soon as reasonably practicable after arrest.

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5
Q

What is a breach of Code C?

A

Failure to administer caution, which may lead to exclusion of evidence under s.76 or s.78 PACE.

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6
Q

What does s.117 PACE specify about the use of force?

A

Officers may only use reasonable force if necessary in the exercise of their powers.

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7
Q

What is the custody officer’s role according to s.37 PACE?

A

The custody officer handles the welfare of the suspect and must explain the reason for arrest.

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8
Q

What rank must a custody officer be according to s.37 PACE?

A

**At least a sergeant **and unrelated to the investigation.

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9
Q

What information must a custody officer provide to the solicitor?

A

Access to the custody record, information about allegations, potential charges, and formal statements.

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10
Q

How often must reviews of detention be conducted under s.40 PACE?

A

The first review must occur within 6 hours, then periodically every 9 hours by at least an inspector unconnected to the investigation.

Thius runs from moment of detention

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11
Q

What is the maximum period a suspect can be held before charge under s.41 PACE?

A

24 hours from the relevant time, typically when ARRIVING at the police station.

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12
Q

When can detention be extended beyond 24 hours?

A

Under s.42 PACE, with authorization given after the second review, up to a maximum of 36 hours (an additional 12 hours)

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13
Q

Who can authorise detention extension beyond 24 hours?

A

Superintendent or above must authorise the 12 hour extension.

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14
Q

What are the grounds for the extension to 36 hours?

A

(1) Reasonable grounds believing necessary to secure/obtain evidence; (2) the police are conducting the investigation diligently & expediently; (3) Indictable offences only

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15
Q

What must be done for detention beyond 36 hours under s.43 and 44 PACE?

A

Apply to the magistrate court for a warrant to authorise further detention taking it between 36 and 96 hours.

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16
Q

What rights does s.58 PACE grant to suspects?

A

The right to consult a solicitor for free at the commencement of interviews either in person, phone or in writing.

17
Q

What conditions allow a delay in legal advice under s.58 PACE?

A

Must be an** indictable offence**, with authorization from a superintendent and reasonable grounds for the delay.

18
Q

What is the right to have someone informed of the arrest under s.56 PACE?

A

The arrested person has the right to inform a friend or relative, but this can be delayed under certain conditions.

19
Q

When can the right to legal advice be delayed?

A

If there are reasonable grounds to believe exercising the right will (1) interfere or harm evidence; (2) harm others; (3) alert suspects or (4) hinder recovery of property obtained due to the offence

20
Q

What does COP C 8 specify about treatment of suspects?

A

Detainees should have one person per cell, heated and clean conditions, with adequate food, toilet and washing facilities. 2 light meals, one main meal every 24 hours.

21
Q

What must happen during police interviews according to PACE code of Practice C?

A

Interviews must be conducted under caution and recorded.

22
Q

What is the starting point for confession admissibility?

A

Confessions are admissible in court, subject to s.76 and s.78 PACE.

23
Q

Under what circumstances can a confession be excluded under s.76(2) PACE?

A

If it resulted from oppression, torture, or unreliable circumstances.

24
Q

What does s.78 PACE allow the court to do regarding evidence?

A

It can exclude evidence that adversely affects the fairness of proceedings.

25
Q

How long can a suspect be held without charge before their detention is reviewed?

A

Initial review before 6 hours and then every 9 hours thereafter.

26
Q

What must a custody officer do if the grounds for arrest cease to exist?

A

They must order the release of the suspect.

27
Q

What constitutes inappropriate questioning during an interview?

A

Misrepresenting information, asking hypothetical questions, or repetitive questioning.

28
Q

What happens if a confession is deemed unreliable?

A

The court may exclude it based on breaches of PACE that caused the confession.

29
Q

What must the police do if a suspect requests legal advice?

A

They must await the solicitor’s arrival before proceeding with the interview.

30
Q

What is the maximum period of detention that can be authorized by a magistrate?

A

A total of 96 hours from the relevant time for serious cases.

31
Q

Under what conditions can a suspect’s right to legal advice be delayed?

A

If it’s an indictable offence and if it could harm evidence or alert other suspects.

32
Q

What is required for a custody record?

A

It must be opened and updated regularly, documenting all relevant actions and decisions.

33
Q

How are interviews to be recorded under PACE?

A

Indictable offences must be audio recorded; minor offences can be written unless otherwise specified.

34
Q

What if a suspect is released on bail to attend the police station at a later date. When does the detention clock start?

A

The detention clock stops at this point and resumes ticking once police bail is answered, not at the point of the re-arrest.

35
Q

Where a suspect is arrested for a breach of pre-charge bail, what happens to the detention clock?

A

The first three hours after arrival at the police station are not recorded as part of the period of detention.

For example, if a suspect arrives at the police station at 5 pm, the time only starts to run again at 8 pm (3 hours later) and, imagine 22 hours left on the clock (because when she was originally arrested and bailed, she was in the station for 2 hours) the period will run out at 6 pm the following day.

36
Q

If a suspect changes their mind about wanting legal advice, (i.e. no longer wants it) what is best practice for the inspector ?

A
  • Make sure her reasons are recorded on the custody record
  • Contact her solicitor
  • Provide authority in writing for the interview to proceed
37
Q

Is publicly funded legal advice at the police station means-tested?

A

No.