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SQE 1 - Criminal Practice Bella > Criminal Practice WS1 > Flashcards

Criminal Practice WS1 Flashcards

1
Q

What are the suspects 7 rights at the police station under Police and Criminal Evidence Act (PACE 1984)?

A
  1. Access to free legal advice, medical help, interpreter
  2. Notify someone of their arrest
  3. Inspect Codes of Practice
  4. Right to silence
  5. Informed of reason on arrest
  6. Inspect documents relating to their arrest and detention
  7. Information on detention time limits
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2
Q

When must a suspect who has been arrested (other than at a police station) be taken to the police station?

A

As soon as practicable after the arrest.

Unless arresting officer grants ‘street bail;.

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3
Q

Who is the custody officer?

A
  • Usually a police officer with at least rank of sergeant
  • Suspect who has been arrested must be brought before a custody officer in the custody suite on their arrival at the police station or
  • as soon as is practiable
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4
Q

What are the custody officer’s duties?

A
  • Responsible for authorising detention of suspect
  • Supervising their welfare whilst in police custody
  • Opening and maintaing a custody record for each suspect who has been arrested and brought to the police station which is attached to a detention log which records all of the significant events that occur whilst the suspect is in police custody
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5
Q

What should the custody officer remind the suspect of?

A

Their ongoing rights at the police station, e.g. right to legal advice.

A person arrested and held in custody in a police station or other premises shall be
entitled, if he so requests, to consult a solicitor privately at any time.

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6
Q

Can the custody officer search a suspect and seize or retain what items of property a suspect has on them?

A

Yes.

  • Custody officer must record all items of property a suspect has on them
  • Will need to authorise a search of the suspect to the extent that the custody officer considers it necessary to ascertain what items the suspect has on their person

Can only seize and retain items if
1) Custody officer has reasonable grounds for believing that there may be evidence e.g. blood soaked shirt
2) Custody officer believes that the suspect may use them to cause physical injury to themselves or others, cause damage to the property, interfere with evidence, assist them to escape (e.g. knife, shoelaces, ties, belts)

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7
Q

What are the nine ranks of police officer, from high to low?

CC,DC,AC CS,S CI,I,S,C

A
  1. Chief constable
  2. Deputy chief constable
  3. Assistant chief constable
  4. Chief Superintendent
  5. Superintendent
  6. Chief Inspector
  7. Inspector
  8. Sergeant
  9. Constable
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8
Q

What is the suspects right to legal advice?

A
  1. Suspect may at any time consult and communicate privately with a solicitor, whether in writing, person or telephone and that free legal advice is available (must call defence solicitor call centre)
  2. Suspect must be informed when solicitor arrives at police station
  3. Suspect must be asked if they would like to see the solicitor, even if they have previously declined
  4. Police must not dissuade a person from obtaining legal advice
  5. Solicitors arrival and suspects decision must be noted in the custody record
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9
Q

What are the three critera for delaying a suspect’s access to legal advice and what is the maximum amount of time it can be delayed?

A

Maximum of 36 hours if
1. Suspect is arrested for indictable only or either way offence (i.e. cannot be assault, battery or theft under £200)
2. Superintendent or above has authorised
3. Officer subjectively believes that reasonable grounds to believe that the exercise of this right will lead to interference with evidence or others, alerting other suspects who may have not been arresteed (e.g. gang members) or hinding recovery of property obtained as a result of the offence

Very narrowly applied. Can deny right to named solicitor, but rarely any solicitor

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10
Q

What is a suspects right to have someone informed of arrest?

A

Where a suspect has been arrested and is being held in custody in a police station
or other premises. He shall be entitlted, if he requests
* To have one friend or relative to other person who is known to him
* Who is likely to take an interest in his welfare, as soon as practicable that he has been arrested and is being detained there

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11
Q

What are the three criteria for delaying a suspect informing someone of their arrest, and what is the maximum amount of time it can be delayed?

Think about inspector gadget

A
  • Maximum 36 hours.
  • Same criteria as delaying access to legal advice. Except inspector can authorise delay
  • Defendant must have been arrested for an indictable offence
  • Authorisation may be given orally but must be confirmed in writing as soon as is practicable

AND Police have reasonable grounds that notifying the individual could:
1) Interfere or harm evidence connected with indictable offence or physical injury to other persons
2) Altering other people (e.g. gang members), not yet aware of arrest
3) Hindering property’s recovery

Inform someone else of arrest (e.g. inspector gadget to help you solve the problem)

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12
Q

How long can the right to notfy someone about arrest by delayed (if criteria has been followed)?

A

36 hours from time of arrest.

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13
Q

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

s40 PACE

A

6 hours after detention has been AUTHORISED
* This is a review by an officer not below the rank of inspector to detemine whether detention is still necessary

s40 PACE

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14
Q

What happens within 9 hours from the first detention review?

s40 PACE

A

A review by an officer not below the rank of inspector to determine whether detention is still necessary.

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15
Q

What happens within 24 hours from arrival?

s41

A

The detainee must be
* Charged or released unless an officer not below the rank of superintendent authorises continued detention

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16
Q

What happens within 36 hours from arrival?

A

Detainee must be charged or released unless a magistrates court grants a warrant of further detention s43.

17
Q

What happens within 72 hours from arrival?

A

The detainee must be charged or released unless a magistrates court grant an extension to the warrant of further detention s44.

18
Q

What happens within 96 hours from arrival?

A

The detainee must be charged or released.

19
Q

What is the purpose of detention review, and what are the relevant procedures?

A

Review officer at least rank of inspector determines whether the suspect’s continued detention is still justified
* Consult with investigative officer to determine what documents and materials are essential for challenging lawfulness of arrest and detention
* Must be made available to the Defendant
* Defendant and his solicitor (and if applicable, appropriate adult) must be allowed to make submission - either orally or in written form about arrest

20
Q

What is the maximum time limit an individual can be detained without charge?

DETENTION CLOCK

A

Police can detain an individual without charge for 24 hours from the relevant time.

Relevant time:
Suspect arrested away from police station =
arrival at police station
Suspect on ‘street’ bail = arrival at police station
Suspect volunteer attending police station= time of arrest at police station

Unless extentions have been granted.

21
Q

When can the police extend the maximum period of detention?

Detention clock s42

A

Police have the power to extend the period of a suspect’s detention up to a period of 36 hours from the ‘relevant time’ (i.e. arrival at police station or voluntary time of arrest at police station)

Must be authoised by: Superintendent or above
May only be given if ^ has subjective:
1) reasonable grounds for believing
2) Detention of the suspect without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or obtain such evidence by questioning them
2) Offence is indictable offence (i.e. an either way or indictable only offence)
3) the investigation is being carried out diligently and expeditiously

12 hours on top of original 24 = 36

22
Q

What is the magistrates power to grant a warrant for detention?

s43

A
  • Need to make an application to magistrates court and this can be extended for a time maigstrates sees fit, but maximum of 36 hours

This is on top (extra) of police superintendent’s power to extend the basic detention period up to a maximum of 36 hours from the relevant time.

Therefore, if the magistrates grant a warrant of further detention, this may result in the suspect being detained in the police station for a total of 72 hours (ie three days).

23
Q

What are the requirements for a police to make an additional application to the magistrates under s44 regarding an extension of the initial warrant?

A

Magistrates will only grant a further extension for as long as court sees fit

1) grounds for the original s43 warrant are met
2) reasonable grounds for believing that a further detention is justified.

Further extension cannot be more than
* 36 hours or end later than 96 hours (4 days after the relevant time)

24
Q

When must the first interview be conducted at the police station?

A

Within 6 hours from arrival at the police station

25
Q

When does the custody clock start?

A

24 hours from the time that the individual enters the police station.

This is different to the review clock - even if they are a volunteer it is the time the individual enters the police station.

26
Q

What is the difference between custody and detention review clock?

A

Custody clock = starts from time you enter police station
Detention clock = from time detention is authorised

27
Q

What happens if someone changes their mind regarding legal advice during an interview?

A

It cannot proceed. The suspect has a right to legal advice even if they change their mind.

Written authority can only be given by an officer not below the rank of inspector.

28
Q

What information is given to a solicitor at the police station?

A

The police must give a solicitor
* Sufficient information to enable them to understand the nature of any such offence and why they are suspected of committing it
* Custody officer can allow the solicitor to inspect tht custody record and detention log

29
Q

If a client seems nervous and not confident, and denies any involvement with the offence, what interview should the solicitior advise on?

A

No common interview at the police station and a written statement explaining their version of events.

30
Q

What are the grounds to authorise detention without charge?

A

1) Custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest.
Examples
* where police want to carry out a search of suspects premises (s18) or where they are still looking for evidence of the offence and therefore want to detain the suspect in the police station so that the suspect has no opportunity to hide or destroy evidence before it can be found
* or if the police want to obtain some form of indetification evidence and can only do so whilst suspect is in the police station

2) It is necessary to obtain such evidence by questioning (most common ground to authorise detention)

31
Q

What happens if an officer becomes aware that the grounds on which the suspects detention is not authorised as they are no longer a suspect?

A

Suspect must be released immediately.

32
Q

How many meals, breaks should be given to a suspect?

A
  • Two light meals and one main meal in any 24 hour period.
  • Drinks should be offered at mealtimes and upon reasonable request between meals
  • Breaks should be approx. every 2 hours
33
Q

What happens if a custody officer considers that a suspect is injured or appears to be suffering from physical illness or mental disorder and needs clinic attention?

A

Custody officer must make arrangements to ensure that the suspect receives appropriate clinical attention as soon as reasonably practicable.

34
Q

When can a police officer arrest a volunteer at the police station?

A

If they have sufficient grounds to arrest them

35
Q

What can the custody officer provide the solicitor with on arrival at the police station?

A

Code C of PACE
* Solicitor has the right to inspect the custody record upon arrival at the the police station and at any other time whilst suspect is in custody
* Solicitor should use custody record to obtain details such as name, address, DOB.
* Solicitor can request copy of the custody record when a suspect leaves police detention or is taken before a court

SQE 1 - Criminal Practice Bella (15 decks)

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