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Criminal litigation > Police Powers And Duties > Flashcards

Police Powers And Duties Flashcards

1
Q

Once arrested how soon must you be taken to the station

A

As soon as practicable after arrest unless street bail is granted

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2
Q

Once in custody how long should they take to deal with your case

A

Expenditiously and release as soon as need for detention no longer applies

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3
Q

How long can they take to bring you before a custody officer

A

As soon as practicable

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4
Q

What should happen when suspect arrives at station

A

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

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5
Q

Code C

A

C of p for the detention, treatment and questioning of persons by police officers

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6
Q

Code D

A

C of p for the identification of persons by police officers

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7
Q

Code E

A

C of p on audio recording interviews with suspects

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8
Q

Code F

A

C of p on visual recording with sound of interviews with suspects

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9
Q

Role of solicitor at the station

A

Protect and advance legal rights of client

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10
Q

Does legal privilege apply at stations

A

Yes conversations between solicitor and client at station are protected by legal privilege

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11
Q

Can the solicitor see the custody record of the suspect

A

Yes should inspect this

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12
Q

How much info should the solicitor be given from the police about the matter

A

Sufficient info to identify nature of offence and why client is suspected of that offence

No full right to disclosure

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13
Q

What will the investigating officer tell the solicitor about the case

A

Will summarise the evidence

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14
Q

What if sufficient info isn’t given by the police

A

A no comment interview may be advised

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15
Q

What should the solicitor tell the client

A

Explain case against him
Explain legal position
Any disclosure given by police
Explain interview process and what to expect

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16
Q

When can a person in custody consult a solicitor

A

At any time in private

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17
Q

Who provides phone advice to suspects

A

Criminal defence direct

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18
Q

What does a suspect have the right to see

A

A solicitor

Attendance note and decision on custody record

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19
Q

What mustn’t a police officer do

A

Persuade them not to talk to a solicitor
Use oppressive tactics
Indicated consequences of answering or not answering questions

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20
Q

When Can access to legal advice and informing someone of your arrest be delayed

A

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

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21
Q

What happens if the suspect refuses to participate in an identification process

A

Solicitor should warn them that a worse form of identification may be used

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22
Q

Is the refusal to participate in an identification process admissible at trial

A

Yes

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23
Q

How can a solicitor help a suspect who is participating in an identification process

A

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

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24
Q

What happens if a suspect requests legal advice during an interview

A

The interview should pause

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25
Q

What must a suspect be told they are entitled to at the beginning of an interview

A

Free legal advice

Must be cautioned

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26
Q

When is it in appropriate to interview someone

A

If they appear unable to appreciate the significance of the questions and answers or understand what is happening because of drink, drugs or illness

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27
Q

Which codes must interviews comply with

A

C and E

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28
Q

What can a solicitor do at the start of the interview

A

Make a statement to explain role

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29
Q

When should a solicitor intervene in an interview

A

Questioning techniques are improper
Police are behaving inappropriately
Client would benefit from further private legal advice

30
Q

From what can an adverse inference be drawn

A

Silence
Failure to explain items found on them
Failure to account for proximity in time or location to offence

31
Q

Can you be convicted on the basis of adverse inferences

A

Not if they are the only evidence

They do not prove guilt

32
Q

Can the police require a solicitor to leave the interview

A

Only if their conduct prevents the interview from properly putting questions to the suspect

33
Q

What must the police do to have a solicitor removed from an interview

A

Stop interview
Consult officer of at least superintendent
SI will speak to solicitor and decide how to proceed

34
Q

When is a special caution given

A

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

35
Q

How to give a special caution

A

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

36
Q

What if a suspect makes a significant statement or silence before they are formally interviewed

A

Put to the suspect any significant statement or silence during the interview so they can confirm, deny or add

37
Q

What is a significant statement

A

Capable of being used in evidence against the suspect at trial

38
Q

What is a significant silence

A

Failure or refusal to answer questions which might allow an adverse inference

39
Q

Grounds on which a person can be detained

A

Secure or preserve evidence
Or
Obtain evidence by questioning

40
Q

What should happen to a suspect if there is not enough evidence to charge them

A

Should be released (with or without bail) unless custody officer believed detention is necessary to preserve evidence or necessary to obtain evidence from questioning

41
Q

How long can suspect be detained for without charges

A

24 hours

S41 PACE 1984

42
Q

At what point is the length of detention measured from

A

If voluntarily attending - time of arrest
If answering street bail - arrival at station
Any other case- arrival at first police station

43
Q

Can the 24 hour detention limit be extended

A

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

44
Q

Can the 36 hour detention limit be extended?

A

Magistrates can impose 36 hours on top of SIs 36 hours

45
Q

When must detention be reviewed

A

No later than 6 hours after custody officers first authorised detention
Then no later than 9 hours from first review
Then every 9 hours

46
Q

After detention custody officer has several options

A

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

47
Q

When will a person be released without charge or bail

A

Where the police determine the suspect did not commit the crime of insufficient evidence against suspect and unlikely that further evidence will be obtained

48
Q

Why would a person be released on bail or detained while a file is passed to the CPS

A

The police think there is enough evidence so the CPS will determine the exact charge

49
Q

What happens if you fail to answer bail or break bail conditions

A

Can arrest without warrant

50
Q

CPS 2 part test to decide whether to charge

A

Must be sufficient evidence to provide a realistic prospect of conviction
AND
It is in the public interest to charge

51
Q

When can a person be released on bail while the police make further enquiries

A

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

52
Q

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)

A

Reasonable grounds to suspect guilt
Further investigation or more time for charging decision needed
Investigation and charging decision conducted diligently and expeditiously

53
Q

How long can a person be kept on bail while further enquiries are conducted

A

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

54
Q

When can the police arrest someone who has been released on bail while further investigations are conducted

A

When new evidence arises or analyse evidence in new way

55
Q

What must a person be given when released on bail

A

Written notice about where and when to re-attend

56
Q

When a suspect answers bail the police may…

A

Release without charge
Investigate further (e.g. interview)
Release again on bail
Charge suspect

57
Q

Once charged you cannot be interviewed again unless…

A

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

58
Q

After charge must bail unless…

A 
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
59
Q

Can bail conditions be varied

A

Can ask custody officer or magistrate

60
Q

Can impose bail obligations to…

A

Prevent obstruction of justice
Prevent another offence
Prevent them failing to surrender to custody
Protect them

61
Q

What cannot be included in bail conditions

A

Cannot require them to reside at bail hostel, undergo medical exam or see legal advisor

62
Q

If granted bail by police when will the suspect first appear at court

A

The first sitting of the court after he is charged unless not possible to fit it in until later date

63
Q

If denied bail and kept in custody when will the suspect appear at court

A

As soon as practicable

Not later than first sitting of court after he is charged

64
Q

If arrested for breaching bail when will you appear in court

A

Within 24 hours. Magistrates decide if a breach occurred and whether to grant bail or keep in custody

65
Q

Alternatives to charging

A

Informal warning
Penalty
Simple caution
Conditional caution

66
Q

Informal warning

A

Will not appear on list of previous convictions if later charged with another offence

67
Q

Penalty

A

Minor offences

No need to go to court

68
Q

Simple caution

A

Only for adults
Recorded
May tell court if offend again

69
Q

Conditional caution requirements

A

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

70
Q

Objective of conditions imposed by a conditional caution

A

Conditions imposed by a conditional caution must have as their objective
Rehabilitation
Punishment
Ensure offender makes reparations for the offence

71
Q

Disadvantages of a caution

A 
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

Criminal litigation (6 decks)

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