Detention at the police station Flashcards
Who authorises detention?
Custody officer
When can the custody officer seize clothing/personal items?
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
What are the 2 situations in which a suspect can be detained in the police station without charge?
- there are reasonable grounds to believe detention is necessary to preserve evidence
- it’s necessary to obtain evidence by questioning
Who decides whether to detain the suspect without charge?
The custody officer
Who is the custody officer?
At least a sargeant
Not involved in the investigation
What must be opened upon the suspect’s arrival at the station?
- custody record
- custody log
Which rights must the suspect immediately be informed of?
A. right to free, independent legal advice
B. right to have someone informed of arrest
C. right to consult the Codes of Practice
Who can delay the right to legal advice, for which offences, how, and for how long?
At least superintendent
Only for indictable offences
Orally, but must be recorded in writing
For max. 36 hours
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. 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
Who can delay the right to have someone informed of arrest and detention, for which offences, how, and for how long?
At least inspector
Indictable (either way or only)
Orally, but must be recorded in writing
For max. 36 hours
How long can a person be detained for without charge?
24 hours
When does the detention clock start ticking?
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
Who and on what grounds can extend detention without charge?
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
How much can the court extend detention without charge?
By 36 hours (to 72 hours total)
Up to 2x
SO: up to a total max. of 96 hours (4 days)
Who is a review officer?
At least an inspector, not involved in the investigation
When is the first review of grounds for detention?
Max. 6 hours after detention authorised
When are the subsequent review of grounds for detention?
At 9 hour intervals from previous review
3 initial sources of information for solicitor when arriving at police station:
- custody officer (get copy of custody record + log)
- investigating officer
- the client
What information must the investigating officer give the solicitor?
Enough information to understand the “nature of the offence” and advise the client properly
Must be given BEFORE any interview
Is the police required to give the solicitor the evidence they have?
No (but must give enough information to understand the nature of the offence + advise client properly)
Client has 4 options in police interview:
- answer all questions
- “no comment” interview
- selective silence
- “no comment” interview + written statement
What must the solicitor inform the client of if he recommends a “no comment” interview?
That adverse inferences from silence may be drawn at trial
4 steps the investigating officer can take to obtain evidence when the suspect is detained:
- audibly recorded interview
- identification process
- taking fingerprints
- taking samples (eg. blood)
Consequences of being interviewed without the option of legal advice
Suspect has an absolute right to silence (no adverse inferences can be drawn from it)
What caution must be given at the start of an interview without the option of legal advice?
“You don’t have to say anything, but anything you do say can be given in evidence”
What must the police say/cation at the START of every interview?
- 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
Breaks needed in interview:
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
When can a solicitor/appropriate adult be excluded from an interview?
If there’s “unacceptable conduct”, meaning the police cannot put questions to the suspect
Who can authorise the removal of a solicitor/appropriate adult from interview?
At least a superintendent
If a solicitor acts for two suspects in the same case, he cannot disclose the information one gave him to the other, unless:
- he gets the client’s consent to disclose
- both clients give consistent instructions,
- solicitor believes it’s in the best interest of both clients to disclose it
What is the hierarchy for who should be the appropriate adult for a juvenile?
A. parent/guardian/LA representative
B. social worker from LA
C. another adult unconnected to the police (eg. different relative)
Who can NOT be an appropriate adult?
- 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
Who must consent to an identification procedure if the juvenile is 14/over?
Juvenile + appropriate adult
Who must consent to an identification procedure if the juvenile is under 14?
Only the appropriate adult
Who must consent to an identification procedure if the suspect is mentally disabled?
The suspect, in the appropriate adult’s presence
Where is a juvenile detained if bail is denied (+ exceptions)?
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
Conditions for keeping a juvenile in police custody:
- must be kept separately from adults,
- cannot be detained in a cell unless different solution is impracticable
What is a community resolution?
Informal agreement between the parties, not shown on the juvenile’s criminal record
A youth caution/youth conditional caution can only be offered if…
The juvenile admits to the offence
Deadline for any conditions of a youth conditional order being fulfiled:
Summary-only offence: within 16 weeks of offence
Either-way/indictable-only offence: within 20 weeks of offence
Consequences of a youth caution/youth conditional caution
It’s not a conviction (suspect cannot be charged)
BUT: it will be part of criminal record
Summary of what at least superintendent can do:
- 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
Summary of what at least inspector can do:
- delay right to inform a friend/relative of detention (up to 36 hours)
- review detention
- conduct identification procedures
Summary of what at least sergeant can do:
- 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
