Police Powers And Duties Flashcards
Once arrested how soon must you be taken to the station
As soon as practicable after arrest unless street bail is granted
Once in custody how long should they take to deal with your case
Expenditiously and release as soon as need for detention no longer applies
How long can they take to bring you before a custody officer
As soon as practicable
What should happen when suspect arrives at station
Record details in custody record
Informed of rights (free legal rep, inform someone of their arrest and consult code of practice)
Record items and may sieze them
May search
Code C
C of p for the detention, treatment and questioning of persons by police officers
Code D
C of p for the identification of persons by police officers
Code E
C of p on audio recording interviews with suspects
Code F
C of p on visual recording with sound of interviews with suspects
Role of solicitor at the station
Protect and advance legal rights of client
Does legal privilege apply at stations
Yes conversations between solicitor and client at station are protected by legal privilege
Can the solicitor see the custody record of the suspect
Yes should inspect this
How much info should the solicitor be given from the police about the matter
Sufficient info to identify nature of offence and why client is suspected of that offence
No full right to disclosure
What will the investigating officer tell the solicitor about the case
Will summarise the evidence
What if sufficient info isn’t given by the police
A no comment interview may be advised
What should the solicitor tell the client
Explain case against him
Explain legal position
Any disclosure given by police
Explain interview process and what to expect
When can a person in custody consult a solicitor
At any time in private
Who provides phone advice to suspects
Criminal defence direct
What does a suspect have the right to see
A solicitor
Attendance note and decision on custody record
What mustn’t a police officer do
Persuade them not to talk to a solicitor
Use oppressive tactics
Indicated consequences of answering or not answering questions
When Can access to legal advice and informing someone of your arrest be delayed
At least Superintendent level
Max 36 hours
Indictable
Orally but in writing ASAP
Reasonable grounds for believing that the exercise of the right at the time will;
Alter a suspect
Interfere with or harm evidence
Interfere with or physically injure persons
Hinder recovery of property obtained through offence
What happens if the suspect refuses to participate in an identification process
Solicitor should warn them that a worse form of identification may be used
Is the refusal to participate in an identification process admissible at trial
Yes
How can a solicitor help a suspect who is participating in an identification process
Obtain the first description of suspect given by witness and ensure they are similar
Could ask for postponement or cover up differences
Can attend a video identification process
What happens if a suspect requests legal advice during an interview
The interview should pause
What must a suspect be told they are entitled to at the beginning of an interview
Free legal advice
Must be cautioned
When is it in appropriate to interview someone
If they appear unable to appreciate the significance of the questions and answers or understand what is happening because of drink, drugs or illness
Which codes must interviews comply with
C and E
What can a solicitor do at the start of the interview
Make a statement to explain role
When should a solicitor intervene in an interview
Questioning techniques are improper
Police are behaving inappropriately
Client would benefit from further private legal advice
From what can an adverse inference be drawn
Silence
Failure to explain items found on them
Failure to account for proximity in time or location to offence
Can you be convicted on the basis of adverse inferences
Not if they are the only evidence
They do not prove guilt
Can the police require a solicitor to leave the interview
Only if their conduct prevents the interview from properly putting questions to the suspect
What must the police do to have a solicitor removed from an interview
Stop interview
Consult officer of at least superintendent
SI will speak to solicitor and decide how to proceed
When is a special caution given
When the police want a suspect to account for an object, substance or mark on his person, in his clothing/ possession or at place of arrest
How to give a special caution
What is being investigated
What fact suspect is being asked to account for
Fact may be due to suspect taking part in an offence
Court may draw an inference if suspect doesn’t account for fact
A record is being made and it may be given as evidence at trial
What if a suspect makes a significant statement or silence before they are formally interviewed
Put to the suspect any significant statement or silence during the interview so they can confirm, deny or add
What is a significant statement
Capable of being used in evidence against the suspect at trial
What is a significant silence
Failure or refusal to answer questions which might allow an adverse inference
Grounds on which a person can be detained
Secure or preserve evidence
Or
Obtain evidence by questioning
What should happen to a suspect if there is not enough evidence to charge them
Should be released (with or without bail) unless custody officer believed detention is necessary to preserve evidence or necessary to obtain evidence from questioning
How long can suspect be detained for without charges
24 hours
S41 PACE 1984
At what point is the length of detention measured from
If voluntarily attending - time of arrest
If answering street bail - arrival at station
Any other case- arrival at first police station
Can the 24 hour detention limit be extended
To 36 hours of SI or above authorised it because they believe it is necessary to secure, preserve or obtain evidence
Offence is indictable AND
Investigation is carried out diligently and efficiently
Can the 36 hour detention limit be extended?
Magistrates can impose 36 hours on top of SIs 36 hours
When must detention be reviewed
No later than 6 hours after custody officers first authorised detention
Then no later than 9 hours from first review
Then every 9 hours
After detention custody officer has several options
Release without charge or bail
Release on bail while making further inquiries
Release on bail or detain while file is passed to CPS
Alternative to charging
When will a person be released without charge or bail
Where the police determine the suspect did not commit the crime of insufficient evidence against suspect and unlikely that further evidence will be obtained
Why would a person be released on bail or detained while a file is passed to the CPS
The police think there is enough evidence so the CPS will determine the exact charge
What happens if you fail to answer bail or break bail conditions
Can arrest without warrant
CPS 2 part test to decide whether to charge
Must be sufficient evidence to provide a realistic prospect of conviction
AND
It is in the public interest to charge
When can a person be released on bail while the police make further enquiries
There is a presumption in favour of release if there isn’t enough evidence to charge
This doesn’t apply if
The case has been passed to the CPS for charging decision OR
Custody officer thinks it’s necessary and proportionate AND officer of inspector or above authorises bail
Under what circumstances may a CO think it necessary and proportionate to authorise bail for further investigation despite there not being enough evidence to charge (against presumption in favour of release)
Reasonable grounds to suspect guilt
Further investigation or more time for charging decision needed
Investigation and charging decision conducted diligently and expeditiously
How long can a person be kept on bail while further enquiries are conducted
Max 38 days from the day after the day of arrest
Extend once up to 3 months by SI or above
Extend beyond that only by court in expectionally complex cases
When can the police arrest someone who has been released on bail while further investigations are conducted
When new evidence arises or analyse evidence in new way
What must a person be given when released on bail
Written notice about where and when to re-attend
When a suspect answers bail the police may…
Release without charge
Investigate further (e.g. interview)
Release again on bail
Charge suspect
Once charged you cannot be interviewed again unless…
To prevent or minimise harm to loss to others/public
To clear up ambiguity in previous answer/ statement
In the interests of justices to comment on new info arisen since charge
Must be cautioned again
After charge must bail unless…
Name or address in doubt Own protection They won’t answer bail They will commit another offence Need to take a sample Will interfere with case/investigation
Can bail conditions be varied
Can ask custody officer or magistrate
Can impose bail obligations to…
Prevent obstruction of justice
Prevent another offence
Prevent them failing to surrender to custody
Protect them
What cannot be included in bail conditions
Cannot require them to reside at bail hostel, undergo medical exam or see legal advisor
If granted bail by police when will the suspect first appear at court
The first sitting of the court after he is charged unless not possible to fit it in until later date
If denied bail and kept in custody when will the suspect appear at court
As soon as practicable
Not later than first sitting of court after he is charged
If arrested for breaching bail when will you appear in court
Within 24 hours. Magistrates decide if a breach occurred and whether to grant bail or keep in custody
Alternatives to charging
Informal warning
Penalty
Simple caution
Conditional caution
Informal warning
Will not appear on list of previous convictions if later charged with another offence
Penalty
Minor offences
No need to go to court
Simple caution
Only for adults
Recorded
May tell court if offend again
Conditional caution requirements
CPS approval
18+
Requirements in s23 CJA 2003:
Evidence offender committed offence
Prosecutor or authorised person determines evidence is enough to charge but instead should use conditional caution
Offender admits guilt
Explain to offender that failure to comply with conditions may lead to prosecution for the offence
Objective of conditions imposed by a conditional caution
Conditions imposed by a conditional caution must have as their objective
Rehabilitation
Punishment
Ensure offender makes reparations for the offence
Disadvantages of a caution
Formal recorded admission of guilt Won’t get any in future Sex offender register is possible. Disclosable for some jobs Offender must sign to admit guilt and accept conditions May retain finger prints and ID data
