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Criminal Law and Practice > Police Powers > Flashcards

Police Powers Flashcards

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1
Q

When can a police officer arrest someone according to PACE 1984?

A

A police officer may arrest someone if they have reasonable grounds for doing so.

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2
Q

What is the general rule for taking a person to the police station after arrest?

A

The person must be taken to the police station as soon as practicable, unless their presence is necessary elsewhere to carry out reasonable immediate investigations, search them or a premises, or check an alibi.

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3
Q

What happens upon arrival at the police station?

A

The custody officer may:
* authorize detention
* inform the detainee of their rights
* take non-intimate samples
* allow the detainee to see a healthcare professional (HCP) or speak to a solicitor on request, and
* interview the detainee often with a solicitor present.

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4
Q

What are the possible outcomes after the interview at the police station?

A
  1. Release under investigation / on bail
  2. Charged and released on bail
  3. Charged and remanded into custody
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5
Q

What is the role of the custody officer?

A
  • Must be at least a Sergeant
  • Must not be involved in the investigation
  • Makes decision on whether todetain the suspect based on the grounds for arrest.
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6
Q

Can a suspect be detained if there is insufficient evidence to charge them?

A

Only if there are reasonable grounds for believing detention is necessary to secure or preserve evidence or to obtain evidence by questioning.

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7
Q

What must a custody officer do if grounds for detention exist?

A
  • Open a custody record which records the reason and circumstances of arrest, why arrest was necessary and comments made by the arrested person
  • Inform the detainee of reason for arrest and detention
  • advise the detainee of their rights
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8
Q

When can a solicitor view the custody record?

A

As soon as they arrive at the police station and at any time whilst the suspect is still detained.

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9
Q

When must reviews of detention take place?

A
  1. No more than 6 hours after detention is authorised by the custody officer; and
  2. periodically every 9 hours after that first review.
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10
Q

Under what circumstances can a review of detention be postponed?

A
  • If the suspect is being questioned + interrupting would prejudice the investigation; or
  • No review officer is available

Must be carried out ASAP.

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11
Q

What is the maximum time a suspect can be kept in custody before being charged or released?

A

24 hours from the moment of their arrival at the police station or after arrest, whichever came first.

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12
Q

When can detention be extended by up to 12 hrs?

A
  • Only where the offence is indictable (i.e either-way and indictable only offences)
  • By officer of at least Superintendent rank
  • For maximum 12 hours
  • Authorisation must be before 24 hrs but after 2nd detention review.
  • Reasonable grounds to believe further detention is necessary to secure or preserve evidence by questioning
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13
Q

When can detention be extended to 72hrs or 96 hrs?

A
  • Indictable only / either way offences
  • On application to Magistrates Court for warrant of further detention;
  • Reasonable grounds for believing further detention is necessary to secure / preserve / obtain evidence by questioning.
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14
Q

What are the 6 rights of a suspect under PACE?

A
  1. Right to consult privately with a solicitor and have free, independent legal advice;
  2. Right to have someone informed of arrest;
  3. Right to an appropriate adult;
  4. Right to an interpreter;
  5. Right to consult the PACE CoPs
  6. Right to decent treatment
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15
Q

What is the order of rank for police officers?

A
  1. Chief superintendent
  2. Superintended
  3. Chief Inspector
  4. Inspector
  5. Sergeant
  6. Constable
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16
Q

What is the right to legal advice?

A

Suspects are entitled to free, independent legal advice and can consult with a solicitor in person, on the phone or in writing asap and in any event within 36 hours of the relevant time.

Relevant time = the earliest of (a) time of arrival at police station; or (b) 24 hours after arrest.

17
Q

When must the right to legal advice be communicated to the suspect?

A
  • Commencement and recommencement of interview;
  • when providing an intimate sample;
  • during intimate drug search
  • Identification procedure.
18
Q

Can the right to legal advice be delayed and, if so, why and by who?

A

Yes, for a maximum of 36 hours if there are reasonable grounds to believe that consulting with a solicitor could lead to:
1. Harm to evidence or people
2. Alerting other suspects
3. Hindering the recovery of property
4. Suspect of indictable offence has benefitted from the conduct

Delay authorised in writing by Superintendent or higher.

19
Q

What is the right to have someone informed of arrest (s.56)?

A

Suspects have the right to have one friend, relative, or other person informed of their arrest within 36 hours of the relevant time, as soon as possible and at public expense.

20
Q

Under what conditions can the right to have someone informed of arrest be delayed?

A

For a maximum of 36 hours if it is proportionate and necessary to prevent harm to evidence, people, or property, or to prevent alerting other suspects. The delay must be authorized in writing by at least an Inspector.

21
Q

Who can be an appropriate adult?

A

A parent, guardian, or representative for minors; someone experienced in dealing with mentally disordered or vulnerable individuals.

22
Q

Who cannot be an appropriate adult?

A
  • Police officer / employee / contractor
  • Solicitor or legal rep attending the police station for the subject;
  • suspected of involvement in the offence in some way
  • involved in investigation
  • person who has received admissions from the suspect prior to acting
  • of low IQ and unable to appreciate gravity of the situation
  • estranged parent who the arrested juvenile objects to
23
Q

What is the right to an AA?

A
  • Caution must be repeated in presence of AA
  • Suspect must not be interviewed or asked to provide a written statement without AA unless delay has been exercised
  • AA should ensure detainee understands, advise and assist and observe whether police are following PACE
24
Q

When can the right to an AA be delayed?

A

Sergeant can authorise delay where delay is likely to lead to:
* Interference with or harm to evidence
* interference with or harm to people
* serious loss of or damage to property
* alerting other suspects
* hindering recovery of property obtained in commission of the offence.

25
Q

What is the right to an interpreter and when can it be delayed?

A

Suspect must not be interviewed without an interpreter if required.

This can only be delayed by a superintendent satisfied that delaying interview would lead to inferference with or harm to evidence or people or serious loss of or damage to property.

26
Q

What are the general rules for treatment of suspects?

A
  1. Not more than 1 per cell where practicable
  2. Cells adequately heated, cleaned and ventilated
  3. bedding, toilet and wash facilities
  4. replacement of reasonable clothing if removed
  5. 2 light meals + 1 main meal every 24 hours
27
Q

What is the definition of an interview according to PACE?

A

Any questioning of a person regarding their involvement or suspected involvement in a criminal offence (Code C).

28
Q

Does a solicitor have a right to pre-interview disclosure?

A
  • Only sufficient info to understand the nature of the offence and why the suspect is suspected;
  • Significant statements (one capable of being used in evidence, ie confessions) and custody record
29
Q

What must be given at commencement and recommencement of an interview?

A

A caution: “You do not have to say anything. But it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

30
Q

What are the requirements for recording interviews?

A

All interviews must be recorded as a general rule. For indictable offenses, they must be audio recorded. For minor offenses outside the police station, interviews can be recorded in writing.

31
Q

When is a person considered not fit for interview?

A

If they are unable to appreciate questions or answers or understand what is happening due to drink, drugs, illness, ailment, or condition. However, a Superintendent can authorize the interview despite this.

Criminal Law and Practice (16 decks)

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