FLK 2 Crim- Client in police custody process

Question 1

What is the initial maximum period of detention before charge under PACE Code C?

Answer 1

24 hours without charge

Question 2

What must be in the custory record (iotcd)

Answer 2

• Identifying info- name, address dob, tele, number
• offence suspected and why officer did arrest
• time of arrest and of arrival
  -reason why there is ongoing detention (only a few authroized reasons)
• time of the detention authorized
• confirmation suspect was given details of rights they may exercise while detained and if they requested legal advice
• details of items on their person and medical conditions

Question 3

rights of detainee

Answer 3

• someone informd of arrest (unless reason of preventing harm or destroy evidence/ hinder investigation)
  -right to a solicitor ( and that there is free legal advice available alt) (as soon as practible)
• right to consult the codes of practice

Question 4

situations where they may delay this right: Inform someone, legal advice

Answer 4

Legal advice - superintendant or more may authorise delay where indictable offence- up to 36 hrs. orally but must be confirmed in writing. need reasonable grounds ( preventing/ hindering- harm/ evidence destruction or alerting others not yet arrestd. )

Inform someone- inspector or more- authroise, same grounds needed

if they dont follow can get your client conviction quashed/ thrown out

Question 5

Detention clock time limits

Answer 5

Initial max period- detention clock: 24hrs w/o charge which begins at the relevant time:
* voluntary attenting- time of their arrrest
* street bail- arrival at police station
* arrested and taken to police stat- arrival at police station

May extend +12hrs (36 total) of relevant time clock without charge under these conditions, only superintendantor above must authroise:
* - necessary to preserve evidence or get evidence by question.
* - must be a indictable offence
* - and the investigation is being carried out diligently and expeditiously

Magistrate may extend +36hrs (72 total) of relev time clock. (S 43)

Magistrate may extend again +24hrs, for a maxium time of 96hrs (4 days) total of relev time clock (s 44).

during this- they must conduct reviews by rank inspector or more
1st- 6 hrs after detained,
2nd- 9 hrs after 1st
every other- 9 hrs
if failed client can sue police for false imprisonment.

Question 6

Conditions of detention (9)

Answer 6

Question 7

Responsibility of Custody Officer

Answer 7

• Sargeant or higher, responsible for:

Question 8

Role of solicitor at the station?

Answer 8

Protect and advance the legla rights of the client

Question 9

What sources are available to the solicitor who attends police station

Answer 9

Custody officer and record
Client
Investigation officer

Question 10

What to obtain from investigation officer and posisble contingencies

Answer 10

• Disclosure of the facts- offence suspected and evidence?
• any significant statements or silence
• next steps the investigation officer proposes to take ( id parade, samples, or interview etc)- as well as posisbility of bail

not obligated to give initial details before interview, typically may give typed disclosure statement. Solicitor may use limited disclosure as a reason to advise not to answer. (11.1 A CODE C)

Question 11

Pros and cons of answering police questions

Answer 11

Answer all questions:
Pros- avoid adverse inferences, may release suspect without charge, may receive a reduction 1/3rd sentence for admitting guilt at earliest time.
Cons- Loss of control of tongue, incriminate self further. (Police have burden of proof, if not enough evidence they cannot proceed)

Written statement:
Pros- control over what is said, useful when have a defence but risk of self incriminating verbally, prefents adverse inferences from being drawn in court.
Cons- may give police additional info they did not have. May be necessary to give more than one statement.

No comment
Pros- no accidential incrimination, useful in complex or distant incidents
Cons- if relies on facts that culd have been disclosed in court, they may draw adverse inferences.

Answer some:
Pros: can make importnat posits without self incriminiation
Conts: whole intrview admisable, may draw adverse inferences

Question 12

What 5 situations might a solicitor advise silence? iemcd

Answer 12

• Inadequate disclossure for you to advise
• police not disclosed evidence that is enough for them to charge suspect ( so you think they dont have enough and are just fishing)
• suspect not fit (mentally, physically, emotionally)
• facts complicated and need a considered response
• client denies but not have a viable defence

Question 13

Who are considered vulnerable people? (4)
what aare the exceptions to having app adult

Answer 13

Juveniles
Mentally ill/ mental disorder
Unable to speak english
blind or unable to read or partially or fully deaf or mute.

They need an appopriate adult, unless a superintendant or above believes it wont harm their physical or mental state and the delay could lead to:
interferance or harm to evidence
interferance with or physical harm to people or
serious loss or damage to property

Question 14

Role of appopriate adult (4 roles)

Answer 14

Supoprt, advise and assit
ensure they understand whats appening
oversee police are acting fairly
Assist with communication between police and them

Question 15

Special considerations for police after investigating a juvenile

Answer 15

1- charge the normal way, must consider welfare in a decision for bail, may be detained for child best interest. charge sheet must be given to AA

2- Alt to charging such as:
* Community resolution- informal dispoal with agteement between parties, no criinal record
* Youth Caution- Caution where sufficent evidence to charge, must have admitted the offence and police conclude not in best interest of public to persue further
* Conditional Youth caution- same as YC, admit, evidence, best interest of public, but give conditions that if breached may result in prosecution of the same offence.

Question 16

Inferences that may be drawn from slience CJPOA 1994

Answer 16

1: Refusal to mention facts when questioned- where suspect fails to mention a fact when questions and later relies on that and the cour thtings its reasonable to draw and inference. eg using different version of facts from statement. ( not applicable where suspect did not have legal advice before questioning)

2: Silence after legal advice: no inference may be drawn if suspect can show they genuienly and resonably relied on the advic given and that was the reason for their advice.* if police fail to dislose their case adequately this is good grounds for silence. *

3- Failure to account for objects, substance, marks or presence at schne- only if special caution was given can adverse infered

Question 17

Proper conduct of interview requirements: 5

Answer 17

Cannot try to obtain answers or statement by use of oppression:
- raise voice or shout
- makes threatening gestures toward suspect
-lean toward suspect
- stand over or behind the suspect
- threaten to detain indefinately unless they confess.

cannot offer inducements for admitting eg you will leav quicker if you admit. Code C 11.5- cannot indicate unless to answer a direct question to the suspect/ solicitor, the next steps if they make a statement or refuse to do either.

failure to comply may lead to admission or confession as inadmissible

Question 18

When can solicitor intervene

Answer 18

• opening statement may indicate if client will exercise silence, written statment or to answer questions. and that thy may intervene if:
  -Seek further clarifiction
• challenge improper questioning or statements eg: aserting facts, misrepresenting the law, hypothetical questions

-give client further advice- may require interview be stopped.
- a break is needed for client.

sol can be excluded if they engage in unacceptable conduct: answering for client or writing down answers for client to read out. Only by Superintendant

Question 19

ID procedure for vulnerable persons- consent required?

Answer 19

Over 14- either of the Juvenile parent/ guardian
Under 14- Both Juvenile and parent/guardian
Mental health perons- consent given in the presence of the appopriate adult

Question 20

What officer rank is needed to remove an appopriate adult from Interview

Answer 20

• Superintendent, or Inspector

Question 21

Types of ID procedures (4) and who can adminster+reqs

Answer 21

Video
ID Parade
Group ID
Confrontation( rare)
Officer of rank inspector- in uniform, not involved in investigation. Must explain the procedure and advise of right to legal advice. suspect may decline to participate. ( police may hten covertly conduct id parade such as in the community drive by etc.

Question 22

Times when ID procedure must be held and when NOT necessary

Answer 22

• (a) Witness identify a suspect or purported to identify
• (b) Witness thinks they can ID a suspect or reasonable chance they can and the suspect disputed bieing the person the winess claims to have seen.

May also take place if officer in charge of investigation considers it would be useful.

1. Not necessary ( if it would serve no useful purpose)- if suspect admits to being at scene and gives account that dosent contradict the witness saw
2. When not disputed that the suspect is already known to the witness ( as the witness with inevitably pick out the suspect)

Question 23

Reqs for Video ID (6)

Answer 23

• Sets of images of suspect and At least 8 others of same ( age, height, gen appearance, position in life)- if 2 suspects, then 12 min others.
• If suspect has any unusual physical features police must conceal or replicate it (eg scars, tattoos etc)
• All persons under identical conditions and same momements, and numbered
• -Suspect and Sol be allowed to see the imaged and raise any reasonable objections
• -Witness attention should NOT be dwarn to any image
• -Suspect solicitor should be given notice before and a chance to attend.

Question 24

Limits ( can/cannot )for witness of ID parades (7)

Answer 24

• . can freeze playback
• . Can ask for unedited digital concealment- may be allwoed (code D (A) 2C)
• . Can playback multiple times
• . Cannot communicate with other witnesses and must be alone
• . cannot see the images before
• . cannot be reminded or see description of suspect or get any indication of sus identity before
• . cannot overhear other witnesses who already seen.

Question 25

Req for ID parade

Answer 25

Same is Video except
Replication of distinguishing marks may have to be physical (plaster, makeup etc)
Suspect may choose their position in the line, and can swithc if multiple witnesses.
recording/ picture of the parage must be done for future evidence/ disputes.