Detaining a Suspect at the Police Station and Police Interviews Flashcards
Within 24 hours from arrival…
The detainee must be charged or released unless an officer not below rank of superintendent authorises continued detention.
Within 36 hours from arrival…
The detainee must be charged or released unless a magistrates’ court grants a warrant of further detention.
Within 72 hours from arrival…
The detainee must be charged or released unless a magistrates’ court grants an extension to the warrant of further detention.
Within 96 hours from arrival…
The detainee must be charged or released.
Who carries out the review clock and how often?
Carried out by an officer of at least the rank of inspector:
- 1st review = no later than 6 hours after custody officer first authorised detention,
- 2nd review = no later than 9 hours after the first review,
- Subsequent reviews = intervals of no more than 9 hours.
Can the right to legal advice ever be delayed?
If authorised by an officer of at least rank of superintendent, for a suspect arrested for an indictable offence, the length of delay can be for a max. of 36 hours.
Authorisation can be given orally but must be confirmed in writing.
What should a solicitor do if a conflict of interest arises between 2 suspects he is advising?
Once the solicitor has spoken to the first suspect who requested the solicitor’s attendance and there appears to be a conflict, the solicitor should refuse to act for the 2nd suspect.
If a conflict emerges after the solicitor has seen both suspects, he should withdraw from the case completely.
Can a solicitor disclose to a client information they’ve been given from another client?
Only where the solicitor has obtained the other client’s consent, both clients are putting forward consistent instructions, and it is in his clients’ best interests to do so.
The solicitor should obtain an account of the 2nd client’s version of events before passing it on, to avoid his clients jointly fabricating their case.
“You do not have to say anything, but anything you do say may be given in evidence”
No adverse inferences may be drawn at trial from the suspect’s silence in interview if the suspect had not at the time of the interview been allowed access to legal advice.
