Detening Supect And Police Interviews Flashcards
What MUST the Custody Officer inform the suspect about?
Their ongoing rights
What 3 rights does the suspect have?
The right to:
(a) have someone informed of the suspects arrest
(b) for the suspect to consult privately with a solicitor (must be told that free independent legal avidce is available); and
(c) the right to consult the Codes of Practice
Can the right to legal advice be delayed?
Yes, if it will:
- lead to interference with harm or evidence with an indictable offence
- alter other people suspected of committing an indictable offence but not yet caught
- hinder the recovery of property
Can the right to have someone informed be prevented?
Yes, if it will:
- lead to interference with harm or evidence with an indictable offence
- alter other people suspected of committing an indictable offence but not yet caught
- hinder the recovery of property
How long can a suspect be detained at the police station?
24 hours but two different clocks will apply
Fill in the blank
Can the police extend the maximum period of detention? If so how many hours?
Yes, detention can be as long as
- 36 hours
- 72 hours (three days)
- 96 hours (four days)
On what grounds can the administrator extend the period of detention?
(a) the detention of the suspect without charge is necessary to preserve evidence or obtain evidence
(b) is an indictable offence
(c) investigation is carried out diligently and expeditiously
How often does the police have to carry out periodic reviews (detention clock)?
What rights do volunteer attending at the police station have?
Can leave at any time unless formally arrested and can have friend or solicitor present at interview
What is the solicitors role in the police station?
Is to protect & advance the legal right of their clients
Prior to the interview what must the solicitor do at the police station?
Must obtain disclosure (basic background)
What’s the advantage and disadvantage of the client answering all the questions?
Advantages
- Allows the client to put his version of events on record ensuring that at trial the court or jury will not be allowed to draw adverse inferences
Disadvantages
-Risk of saying something incriminating or make comments which undermine their credibility
What’s the advantage and disadvantage of the client remaining silent?
Advantage
- No danger of incriminating themselves
Disadvantage
Court or jury may cause adverse inferences
When would solicitor likely advise client to remain silent?
- Police has not provided adequate disclosure to solicitor
- Client physically or mentally unfit for interview
- Age, maturity, psychological vulnerability
- Previous inexperience of police detention and questioning
- Client embarrassed
Is selective silence good for the interview?
No, comes across bad in trial
- When might a written statement be used?
- What should it contain?
- And when should it be handed in?
- To avoid adverse inference, because solicitor is concerned client would not be good at the interview
- Client sets out their defence in clear an dlogical way but must in their own words
- Either during interview or just prior to charge or kept on the clients file and not disclosed at either of these stages
What steps can Officer take to secure or obtain evidence from the suspect while they are detained?
- Carry out audibly recorded interview
- Arranging for an identification procedure (witness or victims can identify suspect)
- Taking DNA or samples
What’s Codes should the interview at the police station comply with?
Code C & E (Codes of Practice)
When should a suspect generally not be interviewed according to Code C?
When the suspect appears unable to
(a) Appreciate the significance of the question or
(b) understand the meaning of the question due to effects of drink,drugs or illness
Can a suspect be interviewed before reviewing legal advice?
No (unless suspect has indicated they do not want it)
But there is exceptions:
- S. 58
- Waiting for the solicitor would cause unreasonable delay to the process of the investigation
And more to it
A suspect changes their mind about wanting or not wanting legal advice (solicitor). Who needs to enquire about the reasoning?
Officer of the rank of insepctor or above needs to speak to the suspect
When the case is weak and
there is insufficient
evidence to prove
allegation. What should thesolictor advise the client to do during the interview?
No comment
What’s the difference between detention clock and review clock?
Detention clock begins at the point of arrival at the police station
Review clock begins when custody officer first aurhories detention of suspect
If the limit of detention has reached and an extension is neither authorised, what options do the police have?
- Charge the suspect
- Release suspect in bail
- Release suspect
Who must authorise delaying notification and delaying access to legal advice?
Officer of the rank of superintendent
Who must authorise for a extension of detention time?
0-24 hours - custody officer
24-36 hours - officer of the rank I’d superintendent
36-72 hours - Magistrates court
72-96 hours - Magistrates court
Who does the detention review?
At least the rank of inspector
What if the suspect relied on the advice of a solicitor to remain solicitor but had a good defence?
Adverse inference MAY not be drawn depending on the sincerity of the jury
