Criminal Practice (Police Powers) Flashcards
What does s.76 PACE address?
It allows a defence to challenge the admissibility of confession evidence due to breaches of Codes of Practice.
What is the significance of s.78 PACE?
It allows a defence to challenge prosecution evidence if it adversely affects fairness.
Under s.24 PACE, when can a constable arrest without a warrant?
A constable can arrest if there is a ground for arrest and a necessity for the arrest.
What must happen upon arrest according to PACE Code C?
The suspect must be cautioned as soon as reasonably practicable after arrest.
What is a breach of Code C?
Failure to administer caution, which may lead to exclusion of evidence under s.76 or s.78 PACE.
What does s.117 PACE specify about the use of force?
Officers may only use reasonable force if necessary in the exercise of their powers.
What is the custody officer’s role according to s.37 PACE?
The custody officer handles the welfare of the suspect and must explain the reason for arrest.
What rank must a custody officer be according to s.37 PACE?
**At least a sergeant **and unrelated to the investigation.
What information must a custody officer provide to the solicitor?
Access to the custody record, information about allegations, potential charges, and formal statements.
How often must reviews of detention be conducted under s.40 PACE?
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
What is the maximum period a suspect can be held before charge under s.41 PACE?
24 hours from the relevant time, typically when ARRIVING at the police station.
When can detention be extended beyond 24 hours?
Under s.42 PACE, with authorization given after the second review, up to a maximum of 36 hours (an additional 12 hours)
Who can authorise detention extension beyond 24 hours?
Superintendent or above must authorise the 12 hour extension.
What are the grounds for the extension to 36 hours?
(1) Reasonable grounds believing necessary to secure/obtain evidence; (2) the police are conducting the investigation diligently & expediently; (3) Indictable offences only
What must be done for detention beyond 36 hours under s.43 and 44 PACE?
Apply to the magistrate court for a warrant to authorise further detention taking it between 36 and 96 hours.
What rights does s.58 PACE grant to suspects?
The right to consult a solicitor for free at the commencement of interviews either in person, phone or in writing.
What conditions allow a delay in legal advice under s.58 PACE?
Must be an** indictable offence**, with authorization from a superintendent and reasonable grounds for the delay.
What is the right to have someone informed of the arrest under s.56 PACE?
The arrested person has the right to inform a friend or relative, but this can be delayed under certain conditions.
When can the right to legal advice be delayed?
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
What does COP C 8 specify about treatment of suspects?
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.
What must happen during police interviews according to PACE code of Practice C?
Interviews must be conducted under caution and recorded.
What is the starting point for confession admissibility?
Confessions are admissible in court, subject to s.76 and s.78 PACE.
Under what circumstances can a confession be excluded under s.76(2) PACE?
If it resulted from oppression, torture, or unreliable circumstances.
What does s.78 PACE allow the court to do regarding evidence?
It can exclude evidence that adversely affects the fairness of proceedings.
How long can a suspect be held without charge before their detention is reviewed?
Initial review before 6 hours and then every 9 hours thereafter.
What must a custody officer do if the grounds for arrest cease to exist?
They must order the release of the suspect.
What constitutes inappropriate questioning during an interview?
Misrepresenting information, asking hypothetical questions, or repetitive questioning.
What happens if a confession is deemed unreliable?
The court may exclude it based on breaches of PACE that caused the confession.
What must the police do if a suspect requests legal advice?
They must await the solicitor’s arrival before proceeding with the interview.
What is the maximum period of detention that can be authorized by a magistrate?
A total of 96 hours from the relevant time for serious cases.
Under what conditions can a suspect’s right to legal advice be delayed?
If it’s an indictable offence and if it could harm evidence or alert other suspects.
What is required for a custody record?
It must be opened and updated regularly, documenting all relevant actions and decisions.
How are interviews to be recorded under PACE?
Indictable offences must be audio recorded; minor offences can be written unless otherwise specified.
What if a suspect is released on bail to attend the police station at a later date. When does the detention clock start?
The detention clock stops at this point and resumes ticking once police bail is answered, not at the point of the re-arrest.
Where a suspect is arrested for a breach of pre-charge bail, what happens to the detention clock?
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.
If a suspect changes their mind about wanting legal advice, (i.e. no longer wants it) what is best practice for the inspector ?
- Make sure her reasons are recorded on the custody record
- Contact her solicitor
- Provide authority in writing for the interview to proceed
Is publicly funded legal advice at the police station means-tested?
No.
