Detaining a Suspect at the Police Station Flashcards
What are the first steps in terms of getting an arrested suspect to a police station and on arrival?
Arrested suspect (AS) must be taken to PS ‘as soon as is practicable after the arrest.’
Once in custody, suspects must be dealt with expeditiously and be released from the PS as soon as the need for detention no longer applies
AS must be brought before a custody officer (CO) on arrival at PS, as soon as practicable
CO is responsible for authorising the detention of S and supervising their welfare
The custody officer will maintain a custody record and inform the suspect of their ongoing rights.
What is contained in the custody record?
(a) the suspect’s name, address, telephone number, date of birth and occupation;
(b) the offence for which the suspect has been arrested and why the arresting officer considered it necessary to arrest the suspect (Code G, para 4.3);
(c) the time of the suspect’s arrest and the time of their arrival at the police station;
(d) the reason why the suspect’s ongoing detention at the police station has been authorised by the custody officer;
(e) the time such detention was authorised;
(f) confirmation that the suspect has been given details of the rights they may exercise whilst detained at the police station, and whether they have requested legal advice from a solicitor; and
(g) details of the items of property the suspect has on their person, and details of any medical condition they suffer from
Is the solicitor entitled to a copy of the custody record?
They are only entitled to inspect it on arrival at PS
Legal representative or appropriate adult can get a copy when D leaves police detention or is taken before a court
The custody officer can also authorise a search of the suspect. When can any items found be retained?
Where they may be evidence or they may be used to cause physical or property damage, to escape or to interfere with evidence
The custody officer must decide if there is ‘sufficient evidence’ to charge the suspect with the offence they were arrested for.
What are the options if there is or is not ‘sufficient evidence?’
1) If yes, S should be charged and released on bail or remanded in custody
2) If not, CO may authorise an interview; they should note in the CR any comments by S as to the reasons given for arrest from the arresting officer, but they shouldn’t ask questions to S about their suspected involvement in an offence
3) If still not enough evidence to charge, S should be released with/without bail unless:
- (i) CO has reasonable grounds for believing detaining S without charge is necessary to secure/preserve evidence relating to the offence for which they are under arrest – useful if they want to search S’ residence/premises
- (ii) It is necessary to obtain such evidence by questioning
- Usually, one or both is satisfied so CO usually authorises AS’ detention before charge
- If a ground ceases to apply, S should be released immediately
Before CO decides whether S is detained before charge, S must be informed of their ongoing rights.
Give an overview of the key rights that the suspect has.
- Right to consult privately with a solicitor – must be told free, independent legal advice is available
- Right to have someone informed of their arrest
- Right to consult the Codes of Practice
What does the right to legal advice entail?
1) AS can consult a solicitor privately at any time; once request made, they can do so as soon as practicable (in writing, telephone or in person)
2) Also, AS should be informed free independent legal advice is available
3) When sought, police contact Defence Solicitor Call Centre (DSCC) who determine if telephone advice is sufficient or a solicitor should attend
- Telephone advice provided free through Criminal Defence Direct (CDD)
- If they attend, S should be notified of arrival and asked if they want to see them
- Both solicitor’s attendance and client’s decision re legal advice go in CR
4) Police officers must not do or say anything to dissuade S from obtaining legal advice
When can the suspect’s right to legal advice be delayed?
1) Right to legal advice can only be delayed for up to 36 hours if S has been arrested for an indictable offence and there are reasonable grounds that allowing legal advice will:
- (a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons; or
- (b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
- (c) hinder the recovery of any property obtained as a result of such an offence (s 58(8))
2) Very rare to delay and belief must be towards a particular legal adviser (ie that they will deliberately or inadvertently cause one of the above)
Who can authorise delay of legal advice?
Superintendent or above
What does the right have someone informed of arrest entail and can it be delayed?
1) AS can inform one person of their arrest ‘as soon as practicable’
Right can be delayed up to 36 hours if S arrested for indictable offence and the police officer authorising delay has reasonable grounds that S telling the named person will:
- (a) lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons;
- (b) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
- (c) hinder the recovery of any property obtained as a result of such an offence (s 56(5))
Who can authorise delay of right to inform someone of arrest?
Inspector or above
What is the basic rule around the suspect’s length of detention before charge under the ‘detention clock?’
S can be kept up to 24 hours without being charged from ‘relevant time.’ Relevant time differs as follows:
- Volunteer attending the police station = at the time of arrest at the PS
- Suspect on ‘street bail’ = at the time of arrival at the PS
- Suspected arrested away from the PS = at the time of arrival at the first PS
When can the initial maximum period of detention before charge be extended?
1) Can be extended to 36 hours if a superintendent has reasonable grounds for believing that all below apply:
- (a) the 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 to obtain such evidence by questioning them;
- (b) the offence is an indictable offence (ie an either- way or an indictable-only offence); and
- (c) the investigation is being carried out diligently and expeditiously
2) A warrant of further detention can be obtained from a magistrate’s court to extend this for a further 36 hours (72 hours total if above extension also applies). Magistrates must have reasonable grounds to believe this is justified; will be only if:
- (a) the suspect’s detention without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest, or to obtain such evidence by questioning them; and
- (b) the investigation is being conducted diligently and expeditiously (s 43(4))
3) Additional application for extension to warrant of further detention possible in exceptional cases if above conditions still satisfied and reasonable grounds for believing its justified
4) Cannot extend to make the detention period before charge exceed 96 hours (S can be detained for 4 days max before release or charge)
What is the ‘review clock’ that applies to detained suspects before charge?
1) Police must carry out periodic reviews to ensure the grounds on which detention was authorised by CO are still applicable
2) If reviews aren’t carried out, detentions after this time will amount to tort of false imprisonment
3) Reviews carried out by a ‘review officer’ (inspector or above) who isn’t directly involved in investigation
4) Review timings:
- First review – within six hours after CO first authorised S’ detention
- Second review – within nine hours of the first review
- Subsequent reviews – intervals of no more than nine hours
When might a ‘volunteer’ attend the police station and what rights attach to this?
If police have insufficient evidence to arrest a suspect or arrest is necessary, they can ask someone to attend PS voluntarily
No obligation to attend as volunteer and they can leave at any time unless formally arrested
Legal adviser will generally advise a client to attend voluntarily if they have this option
Solicitor or friend can be present at interview with volunteer
What can a solicitor do when a client admits guilt to them, but maintains innocence to the police?
1) If a client admits guilt to the solicitor but intends to deny having committed the offence, solicitor must inform them they cannot represent the client – they must not be complicit in misleading third parties/court
- They could attend a ‘no comment’ interview as this doesn’t give false information
- If a solicitor must cease to act, they cannot tell the police why – they say they’re withdrawing from the case for ‘professional reasons’
- Solicitor should try to dissuade client from lying, as police can disprove lies and it benefits client to cooperate if they are later sentenced
2) The client can put the prosecution to proof, but the solicitor cannot allow them to enter the witness box at trial
What must a solicitor do when they are asked to advise two clients in connection with the same incident/offence?
1) If a solicitor is asked to advise two clients who are jointly alleged to have committed an offence, solicitor must determine if a COI exists
2) If the CO suggests there is a conflict, solicitor should clarify why, but it is the solicitor’s decision alone as to whether is COI
- Speak to first suspect to have requested solicitor’s attendance and if S1’s account suggests a COI, S2 will need separate legal advice
- Be alive to the risk that COI can develop later
3) If a COI emerges after solicitor has seen both S, they must withdraw from the case completely
4) If solicitor acts for S1 and S2, they must not disclose confidential information about the other unless:
- Solicitor has obtained written consent to disclose the information
- Both clients are putting forward consistent instructions
- And the solicitor considers it in their clients’ best interests for the information to be disclosed
What must a solicitor do if the client informs you that the court/prosecution does not have the full list of their prior convictions?
Can disclose existence of convictions only with client’s express authority
