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2023 > Criminal Practice - Police Station > Flashcards

Criminal Practice - Police Station Flashcards

1
Q

Summarise Section 76 and Section 78 of PACE.

A
  • Section 76 relates to unfairly obtained confessions. If a confession was obtained (a) by oppression or
    (b) in unreliable circumstances, it will be inadmissible.
  • Section 78 is a broad provision stating that any evidence may be excluded if it has an “adverse affect on the fairness of the proceedings”.
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2
Q

Upon arrival at the police station, who is the suspect taken to?

A

The suspect is brought to the custody officer, “as soon as is practicable”.

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3
Q

The custody officer’s main duties are to:

A
  • Be independent and impartial from the investigation.
  • Search the suspect upon arrival.
  • Compile the custody record.
  • Inform the suspect of their rights.
  • Undertake a risk assessment and assess the suspect’s physical/mental health.

The custody officer may not ask questions about the suspect’s involvement in the offence.

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4
Q

List 4 aspects of the suspect’s detention which the custody record provides.

A
  • Time and location of arrest.
  • Reason for detention.
  • Requests made by the suspect
  • Reviews of detention

The suspect, their solicitor or appropriate adult can inspect the record at any time while the suspect is in custody.

Further, a copy of the record can be obtained when the suspect is released, upon request.

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5
Q

What legal rights must the custody officer explain to the suspect?

3 rights

A
  • Right to inform someone of their arrest.
  • Right to legal advice
  • Right to consult the Code of Practice.

If the suspect has language difficulties, they are entitled to have an interpreter.

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6
Q

How does the custody officer search the suspect?

A

He can search the suspect’s outer clothing, and can seize anything that could:

  • cause injury to persons
  • damage to property, or
  • be used to assist an escape.
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7
Q

When is a strip search allowed?

A

Only if the custody officer reasonably believes:

  • the suspect is concealing a prohibited article; or
  • the search is necessary to prove/disprove a mark exists to prove/disprove their involvement in the offence.

A strip search requires special authorisation, and must be conducted by an officer of the same gender.

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8
Q

Based on the details provided by the investigating officer, the custody officer must decide…

A

Whether there is sufficient evidence to charge the suspect.

If there is insufficient evidence, the custody officer may (and usually does) detain the suspect without charge.

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9
Q

Where the custody officer decides there is insufficient evidence to charge, they may detain the suspect if….

A

….they have reasonable grounds for believing that detention is necessary to:

(a) Secure or preserve evidence relating to the offence.
(b) To obtain evidence by questioning the suspect.

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10
Q

Detention time limits

The law imposes strict time limits on detaining suspects without charge. When does the detention time limit run?

Unauthorised detention beyond the permitted time is unlawful.

A

It runs from the “relevant time” =

(a) the time when the arrested person first arrives at the station, or
(b) 24 hours after the arrest, if earlier

For those who attend the station voluntarily, or who accompany a constable without being arrested, the relevant time is the time of arrest.

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11
Q

Detention time limits

What are the three significant periods of time for which the suspect can be detained?

What is the maximum total amount of time they can be detained?

A
  1. 0 to 24 hours (all suspects)
  2. 24 to 36 hours.
  3. Beyond 36 hours.

The maximum total time a suspect can be detained without charge is 96 hours.

All of these start at “the relevant time”.

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12
Q

Detention time limits

After 24 hours of detention, the police will generally charge or release the suspect (either unconditionally or on bail). Alternatively, when can the police continue to detain the suspect up to 36 hours?

4 bullet points.

A

Detention can be extended up to 36 hours (from the relevant time) if:

  1. Indictable offence (including either-way).
  2. Authorised by a superintendent or higher.
  3. The officer has reasonable grounds to believe it is necessary:

(a) To secure/preserve evidence
(b) Obtain evidence by questioning

  1. The investigation is being conducted expeditiously and diligently.
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13
Q

Detention time limits

When can the suspect be detained without charge beyond 36 hours?

A

Detention can be extended to 72 hours (from the relevant time) if:

  1. Indictable offence (including either-way)
  2. A warrant is granted by the Magistrate’s Court.

Beyond 72-hours, a second application to the Magistrates is required in the same way. The Magistrates can extend detention to 96 hours.

The suspect is allowed to be present at these Magistrate Court hearings.

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14
Q

Reviews

What are the legal duties of the Review Officer?

A

The review officer must carry out reviews of the suspect’s detention:

(1) First Review: At least 6 hours after detention was authorised.
(2) Subsequent Reviews: At least 9 hours after the previous review.

  • During reviews, the suspect is reminded of their right to legal advice and is given opportunities to make representations.
  • A detention is unlawful until a review takes place.
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15
Q

Right to inform

What is the suspect’s right to inform someone of their arrest (s.56 of PACE)?

A

A suspect is entitled, as soon as reasonably practicable, to inform:
- A friend
- Relative
- Other person interested in their welfare.

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16
Q

Right to inform

When can the right to inform someone be suspended?

A

The custody officer can suspend the suspect’s s.56 right where:

  • It is an indictable offence (including either-way)
  • Authorised by an inspector (or higher).
  • The authorising officer has reasonable grounds for believing that informing the person of their arrest would lead to:

(a) interference with/harm to evidence.
(b) interference with/physical injury to others.
(c) alerting other suspects
(d) hindrance to recovery of property.

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17
Q

Right to inform

Delaying the right to inform may not exceed…

A

36 hours from arrival at the station.

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18
Q

Right to legal advice

What are the police’s obligations toward the suspect’s rights to legal advice?

5 obligations.

A
  • .Inform the suspect of their right to consult a solicitor privately at any time (s.58 of PACE).
  • Not to dissuade the suspect from obtaining legal advice.
  • Noting requests for legal advice in the custody record.
  • Ensuring, if the suspect has requested legal advice, that interviews don’t go ahead until they have met their solicitor.
  • Facilitating the presence of the solicitor at the interview.
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19
Q

Right to legal advice

When can the suspect’s right to legal advice be delayed?

A
  1. Indictable Offence (including either-way)
  2. Authorised by superintendent or higher.
  3. Authorising officer has reasonable grounds for believing that exercising this right would lead to:

(a) interference with/harm to evidence.
(b) interference with/physical injury to others.
(c) alerting other suspects
(d) hindrance to recovery of property.

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20
Q

Right to legal advice

Delaying the right to legal advice may not exceed…
The suspect must be informed of….
If the grounds for delay cease to exist, the suspect must be asked…

A

…36 hours from arrival at the station
…the reason for delay.
…whether he wants to see his solicitor.

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21
Q

Name between 5-6 other legal rights of the detainee.

A
  • Right to adequately heated, cleaned, ventilated cell with toilet facilities.
  • Two light meals and one main meal in any 24-hour period with regular refreshments.
  • Appropriate clinical attention where required or requested.
  • At least 8 hours of continuous rest in any 24-hour period.
  • Breaks during interviews at meal times and short breaks every 2 hours.
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22
Q

Vulnerable client

Who are vulnerable suspects, and what are the key provisions in relation to them?

A

Vulnerable suspects are detainees:
- Under 18
- Mentally disordered/vulnerable

Where there is no evidence to the contrary, the officer should assume the detainee is a vulnerable suspect.

The key provisions are:

  • The custody officer must undertake a risk assessment of all detainees at the beginning of detention;
  • Vulnerable suspects must have access to an appropriate adult.
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23
Q

Vulnerable client: access to an appropriate adult

A. What is the appropriate adult’s role?
B. What is the custody officer’s obligation in relation to access to an appropriate adult?

A

A. To ensure the suspect’s legal rights are respected (additional to the right to legal advice).
B. He must inform the appropriate adult as soon as possible about the detention and request that they attend.

The appropriate adult is usually the parent/guardian, social worker or other responsible adult.

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24
Q

Interview

When can an officer interview the vulnerable suspect without an appropriate adult present?

A

Superintendent or higher considers delaying the interview would lead to:

(a) interference with/harm to evidence
(b) interference with/physical injury to others
(c) Alerting of other suspects.
(d) Hindrance of recovering property.

and is satisifed it would not significantly harm the person’s mental/physical state.

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25
Q

Interview

Where can the interview take place?

An interview is the questioning of a person regarding their (suspected) involvement in a criminal offence. It must be carried out under caution.

A

At the police station, unless delaying the interview would lead to:

(a) interference with/harm to evidence.
(b) interference with/physical injury to others.
(c) Serious loss or damage to property.

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26
Q

Interview

Before the interview, what must the custody officer do?

A

Assess whether the suspect is fit to be interviewed.

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27
Q

Interview

As the solicitor, what must you communicate to the suspect when you meet them?

4 bullets.

A
  • Explain representation is free of charge.
  • Explain the police evidence disclosed.
  • Confirm that the client understands what they are arrested for.
  • Allow them the opportunity to state their version of the facts and react to the allegations.
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28
Q

Interview

If the solicitor has doubts as to the client’s health, what should they do?

A
  • Make representations to the custody officer. This will be noted in the custody record.
  • If necessary, request a healthcare professional.
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29
Q

Interview

A key part of the solicitor’s role is to….

Based on that advise, what are the client’s four options?

A

Prepare the client for interview and advise them whether or not to answer questions in the interview.

The four options are:

(1) Answer all questions
(2) Give a “no comment” interview.
(3) Answer some questions but not others (selective silence)
(4) Give a “no comment” interview but provide a written statement (either during the interview or upon being charged).

Be cautious to recommend selective silence. It may come across at trial as if the defendant has something to hide.

30
Q

The suspect wishes to use a specific defence such as self-defence or claims an alibi. What type of interview response is appropriate?

A

Answer all questions. Otherwise, the jury may draw an adverse inference when you are required to discharge the evidential burden.

31
Q

Adverse Inferences

fWhat are the advantages of answering all questions in an interview?

A
  • Evidential advantage: No adverse inferences will be drawn under s.34, 36, and s.37.
  • If the suspect admits guilt, accept the allegation and shows genuine remorse, they may qualify for a caution rather than conviction.
  • Even if not qualifying for a caution, it will lead to a credit towards sentencing.
32
Q

When is a “no comment” interview the appropriate option?

5 points

A
  • The police failed to disclose sufficient evidence.
  • The prosecution case is weak.
  • The suspect is unfit to be interviewed or will perform badly.
  • The suspect’s case is not viable.

The disadvantage of a no comment interview is that adverse inferences may be drawn.

33
Q

When is a written statement an appropriate option?

A

Where the solicitor believes the suspect should present their version of the facts which they will later rely upon at trial.

Provided the written statement contains all of the facts relied upon at trial, no adverse inference can be drawn from their silence in the interview.

34
Q

When must the suspect be given a caution and by whom?

A
  • The investigating officer must caution the suspect before the interview.
  • Where the interview recommences after a break, the investigating officer must remind the suspect that they are under caution, and if he considers it appropriate, repeat the caution.
35
Q

What is the caution?

What is the alternative caution?

A

The caution, allowing adverse inferences, is:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

The alternative caution is:

“You do not have to say anything. But anything you do say may be given in evidence”.

36
Q

When is the police required to administer the alternative caution?

(3 scenarios)

A
  1. A person’s right to legal advice has been delayed under s.58 PACE or is being interviewed before access to legal advice.
  2. The suspect is being interviewed after charge.
37
Q

What is the effect of Section 76 of PACE?

A

This provision requires the court to exclude confession evidence which was obtained by:

(a) Oppression
(b) Anything said or done to render it unreliable.

38
Q

Can a solicitor be excluded from the interview?

A

Only if deemed to be engaging in “unacceptable conduct”, such as answering on the client’s behalf, or writing out answers.

39
Q

What are some examples of inappropriate/improper interview techniques (against which you should intervene)?

5 bullets.

A
  • Ambigious/multiple questions.
  • Irrelevant questions.
  • Acting in an oppressive manner.
  • Misrepresenting the law or the strengths of their case.
  • Threats or inducements.
40
Q

When must the interview finish?

3 conditions.

A
  • The investigating officer is satisfied that all questions have been asked;
  • The investigating officer has taken into account all other evidence; and
  • The investigating officer, or custody officer, reasonably believes there is sufficient evidence to provide a realistic prospect of conviction.
41
Q

After the interview, the police must decide:

4 options

A

(1) That there is sufficient evidence to charge the suspect.
(2) That a caution should be used instead.
(3) That investigation should continue, if the grounds for detaining a suspect without charge allow.
(4) That the suspect is released on police bail.

42
Q

Is questioning after charge allowed?

A

No, unless:

  • An interview is necessary to prevent harm or loss to others.
  • To clear up an ambiguity in a previous statement.
43
Q

Identification procedure

A witness to a crime will typically give an initial statement to the police, including a description of the person(s) they believe they saw. What is the police required to do?

A

Make a record of that description.

They may create a facial composite of the suspect.

They may show the eyewitness mugshots of convicted offenders, CCTV footage or photos, to see if they can identify the suspect.

44
Q

Identification procedure

If the suspect is unknown to the police, what are they allowed to do?

A
  • Take the eyewitness to a particular neighbourhood/place to see whether the eyewitness can identify the suspect.
  • Show the eyewitness a selection of photos from their databases.
45
Q

Identification procedure

Who is a “known and available” suspect?

A
  • A suspect is known where the police have sufficient information to justify the arrest of that person for suspected involvement in the offence.
  • A suspect is available if they are immediately available within a reasonably short time period and are willing to partake in an ID procedure.
46
Q

Identification procedure

What is the significance of the suspect being “known and available”?

A

The police will want to carry out a formal Identification Procedure.

Note: The police are NOT allowed to show eyewitnesses photographs once the suspect is ‘known’. Doing this in advance of a formal ID procedure is likely to be challenged under s.78 PACE.

47
Q

Identification procedure

What happens when an eyewitness identifies a person as the suspect but the suspect denies being the person allegedly seen?

A

Once the eyewitness identifies a person, that person becomes a “known suspect” and the police are required to convene an ID procedure (subject to the exception below).

48
Q

Identification procedure

As in the above example, the eyewitness identifies the suspect but the suspect denies being the person allegedly seen. When would an ID procedure be unnecessary?

A

(a) Where it would not be practicable.
(b) Where the procedure would serve no useful purpose such as:

  • The suspect admits being at the scene, and gives their account, which does not contradict what the eye witness saw.
  • The suspect is already known to the witness (e.g. a relative).
49
Q

Identification procedure

What are the four types of formal Identification Procedures?

A

A. Video Identification.
B. Identification Parades.
C. Group Identification.
D. Confrontation by witness.

This is the order of preference. Video ID is used unless it is not practicable, or an ID parade is more suitable, and so on.

50
Q

Identification procedure

The decision to adopt a given procedure is taken by the…

Before an option is offered, the suspect must be reminded…

A

Identification officer in consultation with the investigating officer.

…of his right to legal advice.

51
Q

Identification procedure

The conduct of the ID procedure is the responsibility of the…

A

Identification officer, who is:
- an inspector or higher.
- independent of the investigation.

52
Q

Identification procedure

In a Video Identification, the set of moving images must include…

A

The suspect and at least eight others who resemble the suspect’s:
- Age
- General appearance
- Position in life.

If there are two suspects, there must be at least twelve other people.

53
Q

Identification procedure

List some legal requirements in relation to the Video Identification.

5 bullets

A
  • Steps must be taken to conceal distinguishing features of the suspect.
  • The suspect’s solicitor/approprate adult must be given the opportunity to attend the identification (and the compiling of images).
  • The witness sees the images at least twice, and is told that the person they saw may not appear.
  • The witness is asked whether the suspect is the person they saw.
  • A record of the procedures must be made. In the absence of the suspect’s solicitor, the procedure is video-recorded.
54
Q

Identification procedure

What are the legal requirements of a Identification Parade?

A
  • It must consist of at least eight people.
  • Each witness must be brought in one at a time, and be told that the suspect may not be present.
  • If a witness requests hearing a participant or asks them to adopt a certain posture, they must first be asked whether they can identify by appearance alone.
  • The suspect is told they can object to the arrangements and may obtain legal advice.
  • Witnesses are reminded that the participants have been chosen on appearance only.

  • The suspect may choose their position in the line-up.
  • The officer will ask the witness whether the person they saw at the crime scene is in the parade.
55
Q

Identification procedure

What are the witnesses not allowed to do in relation to the Identification Parade?

A

Witnesses must not:
- communicate to each other or overhear other witnesses.
- see any participants in advance of the parade or be given any indication of the suspect’s identity.

56
Q

Identification procedure

What are some defining features of the Group Identification?

A
  • It may be held without the suspect’s consent.
  • The witness sees the suspect among a group of people, e.g. at a shopping centre or railway station.
  • The suspect’s solicitor or friend may be present.
57
Q

Identification procedure

What are some defining features of a Confrontation?

A
  • Measure of last resort
  • The suspect is directly confronted by the witness.
  • Does not require suspect’s consent.
  • Witness is asked “Is this the person you saw on the earlier occasion?”
  • Suspect’s solicitor or friend must be present.
58
Q

Identification procedure

Generally, what does the ID officer need to explain to the suspect before the ID procedure?

4 bullets

A
  • Right to free legal advice
  • That the suspect doesn’t need to cooperate, but their refusal can be given in evidence and the police may proceed covertly.
  • If a suspect changed his appearance before the procedure, this can be given in evidence and the officer may consider other forms of identification.
  • Whether the witness was shown photos/composites of the suspect, before he was known to the police.
59
Q

Identification procedure

If a suspect refuses to cooperate, how are they treated?

A

They are treated as “known but not available”, allowing the police to proceed covertly.

60
Q

Identification procedure

If the police obtain ID evidence in breach of the code, what can the defence do?

A

Apply to have that ID evidence excluded under s.78 PACE on the ground of unfairness.

61
Q

What are the alternatives to charging a suspect over the age of 17?

(4 alternatives)

A

(a) Informal warning - Does not appear on criminal record.
(b) Penalty Notice
(c) Simple Caution
(d) Conditional Caution.

62
Q

Before a caution (as in, the alternative to charge) is given, what conditions must be satisfied?

3 conditions.

A

An inspector or higher can give a caution. Three conditions must be satisfied:

(a) Sufficient evidence is collected to justify prosecuting.
(b) Clear and reliable evidence of an admission.
(c) The offender agrees to the caution, having been made aware that they have committed the offence.

63
Q

Can simple cautions be used for indictable-only offences?

A

No, unless a superintendent determines that there are exceptional circumstances, and the CPS agrees that a simple caution should be given.

64
Q

Can simple cautions be used for either-way offences?

A

Yes, but there are specified offences requiring that an inspector or higher determines that there are exceptional circumstances to allow the simple caution.

Specified offences:
- Offensive weapons and bladed articles offences;
- Carrying a firearm in a public place;
- Child Cruelty
- Sexual offences against children
- Sex trafficking
- Indecent and pornographic images of children;
- Supplying etc of Class A drugs.

65
Q

What six requirements need to be satisfied to give a conditional caution?

A

(a) The offender is 18 or over.
(b) A prosecutor or authorised person determines that there is sufficient evidence to charge, and that a conditional caution should be given.
(d) The offender admits they committed the offence.
(e) The effect of the conditional caution is explained and they are warned that non-compliance may result in a charge for the original offence.
(f) The offender signs a document containing details of the offence, an admission, their consent and the conditions attached.

66
Q

Set out the disadvantages of a caution for the client.

A
  • forms part of the criminal record
  • disclosable for certain professions
  • if sexual, will be placed on the sex offenders register
67
Q

If the custody officer denies bail after charge to a juvenile, they are normally remanded to the local authority.

What two situations exist in which they are remanded in police custody?

A

(a) It is impracticable to move them to local authority accommodation; or
(b) The juvenile is 12 or over, there is no secure local authority accom available, and local authority accom would be inadequate to protect the public from serious harm.

68
Q

In relation to out-of-court disposals of juvenile offences:
Indictable-only offences are referred to the ….
Either-ways are decided by the….
Subsequent offences are decided by the… following assessment by the

A

Indictable-only offences are referred to the CPS.
Either-ways are decided by the Police.
Subsequent offences are decided by the police, following assessment by the Youth Offending Team.

69
Q

What is the starting point for out-of-court disposals for juveniles?

A

Community Resolution.

Does not form part of the criminal record.

Primarily aimed at first-time offenders who have admitted guilt, and where the views of the victim have been taken into account.

70
Q

In what circumstances can a youth caution be offered? (s.66ZA of the Crime and Disorder Act 1998).

3 conditions.

A

(a) Sufficient evidence to charge.
(b) Offender admits guilt.
(c) Police do not consider prosecution or youth conditional caution is in the public interest.

71
Q

What are the requirements for a Youth Conditional Caution to be given?

5 conditions.

A

(a) Sufficient evidence for a realistic prospect of conviction.
(b) It is determined that a YCC should be given to the offender;
(c) Offender admits guilt.
(d) Effect of the YCC explained and they are warned that non-compliance with a condition may result in prosecution for the original offence;
(e) Offender signs a document containing details, admission and consent.

(where under 16 offender, warning is given in the presence of an appropriate adult).

2023 (26 decks)

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