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Criminal Practice > Detention at the police station > Flashcards

Detention at the police station Flashcards

1
Q

Who authorises detention?

A

Custody officer

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2
Q

When can the custody officer seize clothing/personal items?

A

A. has reasonable grounds to believe they’re evidence, or
B. believes the suspect may use them to:
- injure himself/others
- damage property
- interfere with evidence
- assist with escape

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3
Q

What are the 2 situations in which a suspect can be detained in the police station without charge?

A
  1. there are reasonable grounds to believe detention is necessary to preserve evidence
  2. it’s necessary to obtain evidence by questioning
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4
Q

Who decides whether to detain the suspect without charge?

A

The custody officer

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5
Q

Who is the custody officer?

A

At least a sargeant
Not involved in the investigation

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6
Q

What must be opened upon the suspect’s arrival at the station?

A
  • custody record
  • custody log
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7
Q

Which rights must the suspect immediately be informed of?

A

A. right to free, independent legal advice
B. right to have someone informed of arrest
C. right to consult the Codes of Practice

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8
Q

Who can delay the right to legal advice, for which offences, how, and for how long?

A

At least superintendent
Only for indictable offences
Orally, but must be recorded in writing
For max. 36 hours

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9
Q

Right to legal advice/to have someone informed can only be delayed if the superintendent/inspector has reasonable grounds to believe that exercising the right would…

A

A. interfere with/harm evidence or other people,
B. alert other suspects not yet arrested,
C. hinder the recovery of property obtained in committing the offence

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10
Q

Who can delay the right to have someone informed of arrest and detention, for which offences, how, and for how long?

A

At least inspector
Indictable (either way or only)
Orally, but must be recorded in writing
For max. 36 hours

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11
Q

How long can a person be detained for without charge?

A

24 hours

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12
Q

When does the detention clock start ticking?

A

If arrested at station after coming voluntarily: time of arrest
If arrives at station to answer street bail: time of arrival at station
If arrested outside station: time of arrival at station

SO: if at station involuntarily, time of arrival at station
If voluntarily, time of arrest

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13
Q

Who and on what grounds can extend detention without charge?

A

At least superintendent (to max. 36 hours), if has reasonable grounds to believe:
- detention needed to preserve evidence/obtain it by questioning,
- offence is either-way or indictable only,
- investigation is carried out diligently + expeditiously

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14
Q

How much can the court extend detention without charge?

A

By 36 hours (to 72 hours total)
Up to 2x
SO: up to a total max. of 96 hours (4 days)

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15
Q

Who is a review officer?

A

At least an inspector, not involved in the investigation

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16
Q

When is the first review of grounds for detention?

A

Max. 6 hours after detention authorised

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17
Q

When are the subsequent review of grounds for detention?

A

At 9 hour intervals from previous review

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18
Q

3 initial sources of information for solicitor when arriving at police station:

A
  1. custody officer (get copy of custody record + log)
  2. investigating officer
  3. the client
19
Q

What information must the investigating officer give the solicitor?

A

Enough information to understand the “nature of the offence” and advise the client properly
Must be given BEFORE any interview

20
Q

Is the police required to give the solicitor the evidence they have?

A

No (but must give enough information to understand the nature of the offence + advise client properly)

21
Q

Client has 4 options in police interview:

A
  1. answer all questions
  2. “no comment” interview
  3. selective silence
  4. “no comment” interview + written statement
22
Q

What must the solicitor inform the client of if he recommends a “no comment” interview?

A

That adverse inferences from silence may be drawn at trial

23
Q

4 steps the investigating officer can take to obtain evidence when the suspect is detained:

A
  1. audibly recorded interview
  2. identification process
  3. taking fingerprints
  4. taking samples (eg. blood)
24
Q

Consequences of being interviewed without the option of legal advice

A

Suspect has an absolute right to silence (no adverse inferences can be drawn from it)

25
Q

What caution must be given at the start of an interview without the option of legal advice?

A

“You don’t have to say anything, but anything you do say can be given in evidence”

26
Q

What must the police say/cation at the START of every interview?

A
  • caution (don’t have to say anything, but it may harm your defence, anything said can be evidence)
  • remind of right to legal advice
  • put to suspect any significant statements/silences made for confirmation/denial
27
Q

Breaks needed in interview:

A

If interview longer than a day, at least 8 hours of continuous rest must be given in any 24 hours
Breaks at recognised mealtimes
Short breaks about every 2 hours

28
Q

When can a solicitor/appropriate adult be excluded from an interview?

A

If there’s “unacceptable conduct”, meaning the police cannot put questions to the suspect

29
Q

Who can authorise the removal of a solicitor/appropriate adult from interview?

A

At least a superintendent

30
Q

If a solicitor acts for two suspects in the same case, he cannot disclose the information one gave him to the other, unless:

A
  1. he gets the client’s consent to disclose
  2. both clients give consistent instructions,
  3. solicitor believes it’s in the best interest of both clients to disclose it
31
Q

What is the hierarchy for who should be the appropriate adult for a juvenile?

A

A. parent/guardian/LA representative
B. social worker from LA
C. another adult unconnected to the police (eg. different relative)

32
Q

Who can NOT be an appropriate adult?

A
  • solicitor,
  • police officer/employee,
  • interested party in the case,
  • anyone to whom the suspect made admissions before being asked to be the appropriate adult,
  • an estranged parent to whose presence the juvenile objects
33
Q

Who must consent to an identification procedure if the juvenile is 14/over?

A

Juvenile + appropriate adult

34
Q

Who must consent to an identification procedure if the juvenile is under 14?

A

Only the appropriate adult

35
Q

Who must consent to an identification procedure if the suspect is mentally disabled?

A

The suspect, in the appropriate adult’s presence

36
Q

Where is a juvenile detained if bail is denied (+ exceptions)?

A

LA care, UNLESS:
A. it’s impracticable to move him to LA accommodation, or
B. if juvenile is 12/over, no secure LA accommodation available, and keeping him in LA accommodation is inadequate to protect the public from serious harm
Then, juvenile is kept at the police station

37
Q

Conditions for keeping a juvenile in police custody:

A
  • must be kept separately from adults,
  • cannot be detained in a cell unless different solution is impracticable
38
Q

What is a community resolution?

A

Informal agreement between the parties, not shown on the juvenile’s criminal record

39
Q

A youth caution/youth conditional caution can only be offered if…

A

The juvenile admits to the offence

40
Q

Deadline for any conditions of a youth conditional order being fulfiled:

A

Summary-only offence: within 16 weeks of offence
Either-way/indictable-only offence: within 20 weeks of offence

41
Q

Consequences of a youth caution/youth conditional caution

A

It’s not a conviction (suspect cannot be charged)
BUT: it will be part of criminal record

42
Q

Summary of what at least superintendent can do:

A
  • authorise extension of pre-charge detention (up to 36 hours)
  • delay access to legal advice (for up to 36 hours)
  • remove solicitor/appropriate adult from an interview
43
Q

Summary of what at least inspector can do:

A
  • delay right to inform a friend/relative of detention (up to 36 hours)
  • review detention
  • conduct identification procedures
44
Q

Summary of what at least sergeant can do:

A
  • authorise detention
  • supervise welfare
  • open custody record
  • give suspect their rights
  • authorise search on arrival
  • determine whether to charge + whether to set bail/keep in custody

Criminal Practice (7 decks)

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