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Criminal litigation > police station > Flashcards

police station Flashcards

1
Q

when you request to see a solicitor, how soon must you be able to see one

A

as soon as practical

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2
Q

how does the police station access legal advice for you

A

unless you will pay privately they will call defence solicitor call centre even if you request your own solicitor - the call centre will decide if you need a solicitor to attend in person

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3
Q

who provides phone advice to suspects at police station

A

criminal defence direct - accredited police station representatives

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4
Q

do you have to pay to speak to your own solicitor

A

you may have to

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5
Q

if the suspect declines legal advice must they still be informed of solicitors arrival at station

A

yes

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6
Q

were is attendance / decision re legal representation noticed

A

custody record

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7
Q

which code would be breached if a police officer tried to persuade a suspect not to get legal advice

A

code c

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8
Q

when can legal advice be delayed

A

max 36 hours by SI or above - can be orally but confirm in writing - must be indictable - can delay if reasonable grounds for believing that access at that time would:
interfere with or harm evidence connected to indictable offence
interfere with or physically injure other people
alert other suspects
hinder recovery of property obtained through offence

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9
Q

when can the right to inform someone of your arrest be delayed

A

at least inspector - indictable incl either way - max 36 hours - if oral confirm in writing asap
reasonable grounds that telling named person will:
- interfere with or harm evidence
- interfere with or physically injure person
- alert other suspects or
- hinder recovery of property obtained by offence

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10
Q

what to do with suspect after arrest

A

take to station as soon as reasonably practical unless granting street bail
take to custody officer even if arrested at station

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11
Q

how should case be dealt with

A

expediously

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12
Q

when must suspect be released

A

as soon as reason for detention no longer applies

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13
Q

who can be the custody officer

A

at least sergeant and not involved in the investigation

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14
Q

what does custody officer do when suspect brought to them after arrest

A

open and maintain custody record
authorise search of person to extent consider necessary
can seize and retain items and record them
inform them of their rights (tell someone of arrest, free independent legal advice, consult codes)

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15
Q

when can custody officer seize clothing and person affects

A 
CO has reasonable grounds to believe they may be evidence may use them to
physically injure self or others
to cause damage to property
interfere with evidence
assist with escape
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16
Q

what if suspect needs medical attention when arriving at station

A

CO must ensure they get is as soon as practical

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17
Q

what must suspect be told when arrested

A

the offence for which they are arrested

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18
Q

what does CO ask IO when suspect arrives at station

A

for details or evidence to decide whether to charge

note suspects comments on IOs account

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19
Q

can co question suspect about their involvement in the offence

A

no

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20
Q

what does CO do with suspect after hearing IOs account

A

if sufficient evidence charge and bail or remand in custody or
if not sufficient evidence release unless CO has reasonable grounds for believing detention without charge is necessary to secure, or preserve, or obtain evidence

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21
Q

requirements for standard of cell

A

clean, heated, lighted, ventillated

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22
Q

does suspect get food

A

2 light meals and 1 main meals in 24 hours

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23
Q

does suspect get drinks

A

yes at meals and on reasonable request

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24
Q

standard of bedding

A

clean and sanitary

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25
Q

does suspect get outdoor exercise

A

briefly if possible

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26
Q

can suspect access toilet and wash facilities

A

yes there must be access to these

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27
Q

hoe often must a suspect be visited in their cell

A

at least once every hour

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28
Q

if you voluntarily attend the station can you leave

A

yes at any time

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29
Q

if you voluntarily attend the station can you request that s friend or solicitor is present at the interview

A

yes

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30
Q

if you voluntarily attend the station can you be arrested

A

yes if they have grounds

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31
Q

how long can you be detained without charge

A

24 hours

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32
Q

can the 24 hour detention without charge period be extended

A

yes by 36 hours by SI - if necessary to secure, preserve or obtain evidence, offence is indictable or either way and investigation expedient and diligent
then by 36 hours by MC - necessary to obtain, preserve or secure evidence and investigation is expedient and diligent
then by 36 hours but no more than 96 since arrival at station by MC - necessary to obtain, preserve or secure evidence and investigation is expedient and diligent PLUS reasonable grounds for believing further detention justified

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33
Q

how often must detention be reviewed

A

no later than 6 hours after detention first authorised by CO (not since arrival at station) then 9 hour intervals

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34
Q

who must review detention

A

at least rank of inspector and not involved in the case

to check grounds for detention still apply

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35
Q

what is solicitors role at station

A

to protect and advance legal rights of client

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36
Q

what info can CO give to solicitor about case

A

basic info - must allow inspection of custody record and detention log

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37
Q

what is recorded in detention log

A

all significant events since arrival at station

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38
Q

does IO have to give solicitor any info

A

no but will often give disclosure statement summarising evidence - push for as much disclosure as poss

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39
Q

who can get a copy of the custody record and when

A

solciitor and appropriate adult can get a copy when suspect leaves or is taken to court - often given sooner but don’t have to - but can inspect it sooner

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40
Q

who decides if client answers questions at interview

A

final decision is clients but lawyer advises and note reasons for advice

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41
Q

should you ever advise a client to answer some questions but not others

A

no - will look like they’re hiding something

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42
Q

when might you advise a client to give no comment interview

A

evidence is weak
no adequate disclosure
suspect police may ambush client with info at interview
complex and long ago so cannot recall accurately
client says they didn’t do it but no defence that would stand up to questioning
other circumstances eg embarassed

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43
Q

when is a written statement a good idea

A

when client needs to get their version of events across but would not perform well under interview

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44
Q

when to give a written statement

A

read it out then hand to police during or after interview but before charged

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45
Q

who drafts a written statement

A

in clients words but drafted by solicitor

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46
Q

can you answer no comment to questions following a written statement

A

yes

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47
Q

does a written statement allow an adverse inference to later be drawn

A

not if statement includes all defence later relied on

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48
Q

which codes must an interview comply with

A

code C and E

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49
Q

what is code E

A

guidance on audio recorded interview

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50
Q

how is copy of audio recorded interview kept

A

keep master copy sealed in presence of suspect at end of interview, seal is only broken at trial if dispute over what was said - copy for police to make summary and copy for suspect

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51
Q

what is code c

A

questioning of person at interview re involvement in offence under caution

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52
Q

when is it not appropriate to question a suspect

A

when they appear unable to appreciate significance of their answers or what is happening due to drink, drugs or illness

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53
Q

can you interview a suspect who has requested legal advice

A

no - not until they have received it

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54
Q

exceptions when you can interview a suspect who has requested legal advice before they have received it

A

waiting for solicitor would cause unreasonable delay
solicitor unavailable and they declined duty solicitor
they asked for advice but then changed their mind
delay up to 36 hours exception
inspector or above must look into how long solicitor will be, record reasons in custody record, confirm in writing happy to proceed

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55
Q

must a suspect always be reminded at the start of the interview of their right to legal advice

A

yes even if they are with a solicitor

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56
Q

when can a solicitor intervene in an interview

A

clarification
inappropriate questioning or manner it is put across
advise client not to reply
give legal advice

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57
Q

what must police do at start of interview

A

caution suspect and remind or right to legal advice

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58
Q

cannot try to illicit answers through oppression - what is oppression

A

shouting, gesturing, leaning into face, standing over or behind, threaten indefinite detention if they dont confess, cannot indicate what action will be taken if they don’t answer or do answer question

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59
Q

when must interview cease

A

when officer in charge of investigation is satisfied that all questions relevant to obtaining accurate info about offence have been put to suspect incl allowing them to give innocent explanation and to test it
or sufficient evidence to convict

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60
Q

what if a suspect made a significant statement or significant silence in presense of police before interview

A

put to them at start of interview

ask if they will confirm, deny or add anything

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61
Q

significant statement

A

capable of being used in evidence against them

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62
Q

significant silence

A

failure to answer question which may allow adverse inference

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63
Q

how many breaks is a suspect allowed

A

recognised meals times
short breaks approx 2 hour intervals
if interview takes place over more than 1 day in any 24 hour period must have continuous 8 hour rest

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64
Q

where should solicitor sit in interview

A

next to client and make eye contact with them

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65
Q

can you attend interview / represent client if they admit they are guilty

A

if they intend to lie you cannot represent them
if they intend to give no comment interview you may continue to represent them
try to convince them to cooperate

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66
Q

what to tell the police if you stop acting for a client due to them giving false reasons about their guilt

A

just say personal reasons - confidential

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67
Q

can you ask for the interview to stop

A

yes client or solicitor can ask for it to stop at any time

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68
Q

impact of client attacking the character of another person during interview

A

this can allow evidence of Ds previous conviction to be adduced at trial so tell them not to do this

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69
Q

when can solicitor be required to leave the interview

A

unacceptable conduct or prevent them properly putting questions to suspect eg writing down answers for suspect
telling suspect not to answer or intervening is not enough

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70
Q

can solicitor explain their advice and reasons at the start of the interview

A

yes

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71
Q

process to have a solicitor removed from interview

A

stop interview, consult SI or above, if solicitor is excluded D has the right to another solicitor

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72
Q

when should solicitor intervene in interview

A

questions or techniques are inappropriate
police behaviour is inappropriate
client needs more legal advice

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73
Q

can you advise 2 or more co-Ds

A

interview one to see if there is a conflict
you can represent both if no conflict but not if there is a conflict of interest or their instructions are inconsistent
if conflict only becomes apparent after speaking to both then you cannot act for either unless able to do this without compromising confidentiality but unlikely as it will conflict with disclosure duty
can act for only one D if conflict exists but have only spoken to one D

74
Q

if solicitor for co-D asks for details of your clients defence can you give the info

A

only if it is in your clients bests interests

75
Q

if you act for 2 or more co-accused can you tell one D info you got from other D

A

only if they consent, don’t give conflicting instructions and it is in their best interests

76
Q

first thing you should do if you’re acting for 2 or more co-Ds

A

get account from both to ensure they don’t fabricate their stories based on what you tell them the other one said

77
Q

can you act for co-Ds where their stories are inconsistent

A

no - withdraw completely

78
Q

who can be an identification officer

A

inspector or above not involved in investigation

79
Q

what does the identification officer do

A

in charge of procedure , ensure code D complied with , present throughout in uniform

80
Q

how soon must an ID procedure be held

A

asap - usually bailed and asked to return for it

81
Q

can an officer involved in the investigation be involved in the ID process

A

no

82
Q

can suspect have a friend or solicitor present at ID procedure

A

yes

83
Q

can suspect refuse to take part in ID procedure

A

yes but can draw adverse inference from this at trial and a worse type of ID process may be used

84
Q

what if suspect significantly alters their appearance before the ID procedure

A

this is admissible in evidence at trial

85
Q

does the suspect get to know if the witness has seen images in advance

A

yes

86
Q

does the suspect get to know the initial description the witness gave

A

yes

87
Q

what if solicitor thinks ID procedure has been contaminated

A

can ask witnesses if they discussed it with anyone before or at station
ask for a note of concerns to be put in record or ID procedure
solicitor can check route witnesses take and ensure they’re kept apart
solicitor must keep record of process and comments made during it

88
Q

can police refuse to hold ID procedure

A

no this would be a breach of code D if suspect denies involvement, willing to participate and there is a witness that could identify them

89
Q

can solicitor request new people are found for ID procedure

A

yes check description matched photos and can object / require new people are found

90
Q

what if police refuse to hold ID procedure even though suspect denies involvement, is willing to participate and there is a witness that could identify them

A

ensure it is recorded in custody record and may later challenge the admissibility of disputed visual evidence at trial

91
Q

4 types of identification procedure

A

video identification
identification parade
group identification
confrontation

92
Q

which code applies to identification procedures

A

code D

93
Q

can the police take a witness to a place to see if they can identify the suspect

A

yes if they don’t know the ID of the suspect

94
Q

what must the police do with the witnesses description of the suspect

A

keep a record of it and give copy to solicitor before identification procedure takes place

95
Q

when does code D require an ID procedure to be held

A

when witness has reasonable chance of identifying suspect/ thinks they can identify them but suspect denies being the person the witness saw

unless not practical or would serve no useful purpose in proving or disproving whether suspect was involved in offence

96
Q

do you need to have an ID procedure if suspect already knows witness

A

no as they will definitely pick them out

97
Q

do you need to have an ID procedure if suspect admits to being at scene and given account same as witness

A

no

98
Q

what type of ID procedure does code D require the suspect is offered first

A

video procedure

99
Q

when can the police offer a type of ID procedure other than video identification to suspect first

A

parade is more practical

IO thinks group is more suitable and practical to arrange

100
Q

at trial can a witness say they originally ID suspect through photo

A

no

101
Q

can the suspect and solicitor know if witness has seen pictures

A

yes they must be told

102
Q

what must the police do before showing witness any photos

A

record their description of the suspect first

103
Q

how many photos must witness be shown at once

A

12 min at one time

104
Q

what to do if witness makes positive identification from pictures

A

cannot show pictures to anyone else

witness who made identification and other witnesses should be asked to be identification procedure

105
Q

requirements for selecting a location for a group identification

A

must reasonably expect that in the location the witness will see some people who look like the suspect
select a place where people are passing by or waiting around informally

106
Q

do you need suspect consent to do a group identification

A

no

107
Q

what is a group identification

A

when the witness sees the suspect in an informal group of people

108
Q

what is a confrontation identification procedure

A

when witness is brought face to face with suspect at police station

109
Q

what to tell a witness who is taking part in a confrontation identification procedure

A

that it may not be the person they saw and to say if it is not them

110
Q

when can a confrontation identification process be used

A

when suspect refuses to take part in any other identification process - last resort

111
Q

does the solicitor need to be present during a confrontation identification procedure

A

yes

112
Q

can a suspect be compelled to participate in an identification parade

A

no

113
Q

how to record the identity of the participants in an ID parade in case it is later challenged

A

take a colour photo

114
Q

can witness ask participants in ID parade to adopt a pose or speak

A

yes but witnesses should be asked if they can identify on appearance only, remind them that they were chosen on appearance only but if not then go ahead

115
Q

what if witness chooses suspect in identification parade after asking them to speak

A

it is still admissible at trial but judge may tell jury to treat it with caution

116
Q

how many people must be in an identification procedure

A

at least 8 others plus suspect

117
Q

in what way must the participants in the id parade resemble the suspect

A

age, height, appearance and position in life

118
Q

can the suspect choose their own position in the line and move between witnesses

A

yes but cannot alter the position of the other people

119
Q

what should the witness be told when doing an identification parade

A

that the suspect may not be present and not to decide until they’ve seen each person twice

120
Q

what must witnesses be prevented from doing when taking part in a identification parade

A

communicate with each other about the case
see the participants
be reminded of photos or description or be given any other indication of identity
overhear witness who has already seen material

121
Q

can scars, tatoos etc be concealed in identification parade

A

yes or replicate on others

122
Q

what must witnesses be prevented from doing when taking part in a video identification

A

communicate with each other about the case
see the pictures
be reminded of photos or description or be given any other indication of identity
overhear witness who has already seen material

123
Q

how many witnesses may do video identification at any one time

A

only one witness may see video at a time

124
Q

how many participants must there be in a video identification

A

at least 8 others

or if procedure is used for 2 suspects at a time they must be shown together with at least 12 other people

125
Q

is a video identification pre-recorded

A

yes

126
Q

how much notice must solicitor have of video identification procedure

A

reasonable notice of time and place so they can attend to ensure it is carried out properly

127
Q

how much the participants in a video identification procedure resemble the suspect

A

age, height, general appearance and position in life

128
Q

during video identification can police discuss images with witnesses

A

no

129
Q

requirements when using video procedure for 2 suspects

A

must be shown together with at least 12 others and must be in same position carrying out same movements

130
Q

can playback be frozen for witness during video identification

A

yes

131
Q

how many times can a witness watch the videos during ID procedure

A

as many as they like

132
Q

can witnesses be told if other witnesses made an identification

A

no

133
Q

if suspect has seen modified image and want to see it without modifications can they do this

A

yes

134
Q

if suspect has features eg tatoo or scar can they be covered up in video ID

A

yes or replicate on others

135
Q

what if suspect refuses to consent to video ID

A

other ID procedure may be used or covert video ID may be used

136
Q

can suspect or solicitor see full set of videos before ID procedure

A

yes must have reasonable opportunity to see them before they are shown to witness

137
Q

can suspect or solicitor object to videos being used

A

yes and if there are reasonable objections the police must take steps to fix it if practical

138
Q

when is there a presumption against bail

A

pre-charge - expected to release if not enough evidence to charge

139
Q

when doesn’t the presumption against pre-charge bail apply

A

case is sent to CPS for charging decision

CO is satisfied bail is necessary and proportionate and authorised by inspector or above

140
Q

how long can bail last

A

28 days

141
Q

can bail be extended

A

by 3 months by SI or above

then by 3 months by court if complex

142
Q

what if you fail to attend the police station when on bail

A

can be arrested without warrant

143
Q

when on bail which document gives the suspect the particulars of offence

A

charge sheet

144
Q

is it a criminal offence not to attend the police station when on bail

A

yes

145
Q

who decides what happens to suspect after charge and what are the options

A

CO decides to either release on bail or keep them in custody until they can see MC

146
Q

when can conditions be imposed on bail

A

when necessary to prevent failure to surrender to custody
to prevent further offence
to prevent them interfering with witness
suspects own protection

147
Q

when can bail after charge be denied

A 
CO has reasonable grounds:
cannot confirm name or address
won't answer bail
detention is necessary to take sample
to prevent injury to others or loss of damage to property 
prevent interference with investigation
necessary for own protection
148
Q

once a suspect has been charged can they be interviewed further about the offence

A

not unless necessary for protection of public, to clarify something in previous answer, in interests of justice to put to them new evidence.

149
Q

can adverse inferences be drawn from anything in a post-charge interview

A

no

150
Q

age of juveniles

A

10-17

151
Q

what if unsure of child’s age

A

treat as if under 18 unless evidence to contrary

152
Q

what if unsure if suspect has mental disorder

A

treat them as if they do in absence of evidence to contrary

153
Q

when must a suspect be in the care of a woman

A

girl under 18 in custody

154
Q

who to inform when a child is arrested

A

parent/guardian, person responsible for them

any organisation monitoring child under court order

155
Q

how to accommodate blind suspects at the station

A

get person who isn’t involved in investigation to help them check docs

156
Q

what is an appropriate adult

A

someone who attends station to supportr child or suspect with mental illness

157
Q

hierarchy of appropriate adults for children

A

parent/guardian
social worker
responsible adult over 18 not connected to police

158
Q

hierarchy of appropriate adults for mentally ill

A

relative, guardian
someone experienced in vulnerable people
other responsible adult

159
Q

can solicitor be appropriate adult

A

no - must be in addition

160
Q

role of appropriate adult

A

no just to observe, make sure they understand, facilitate communication

161
Q

who should not be an appropriate adult

A

police, party of case, solicitor, someone suspect confessed to before they were asked to be adult, estranged parent that child objects to

162
Q

are conversations between suspect and appropriate adult legally privilleged

A

no

163
Q

can appropriate adult request legal advice

A

yes can request it but cannot force child to accept it

164
Q

what must CO do when appropriate adult arrives

A

explain rights to child in front of adult

165
Q

does child need to be cautioned

A

yes must be in presence of appropriate adult

166
Q

can child be interviewed or asked for statement without adult

A

no

167
Q

who to obtain consent from when child or mentally ill person needs to take part in process that required consent

A

under 14 - parent
over 14 - child and parent
mentally ill - consent in front of appropriate adult

168
Q

when can appropriate adult be asked to leave

A

prevent the questioning of suspect. SI or above or inspector not connected to investigation. remind adult of role and decide whether to replace them

169
Q

how are options for charging children different to charging adults

A

same options plus 2 extras: community resolution and youth caution

170
Q

additional circumstances when a child can be denied bail

A

for their own interest- in addition to reasons applicable to adults

171
Q

do children get a charge sheet

A

yes but it should be given to the adult

172
Q

where does a child go if they are denied bail

A

they are remanded into the care of the local authority
can only be kept in police custody if not practical to more them or
12 years plus, no secure accommodation available with LA and keeping them in LA accommodation wouldn’t protect public from serious harm

173
Q

requirements for accommodating a child who is kept at station

A

keep separate from adults

not in a cell unless necessary for supervision

174
Q

can a child be denied transfer to local authority care on basis of behaviour or offence

A

no

175
Q

who takes charging decisions regarding children

A

indictable offence - CPS
first summary or either way - police
subsequent summary or either way - police following assessment with YOT

176
Q

what is a community resolution

A

informal agreement between parties involved

177
Q

when can a community resolution be used

A

minor offence, first time offender, victims views considered

178
Q

does a community resolution create a criminal record

A

no

179
Q

when can a youth caution be used

A

sufficient evidence to charge
admission of guilt
not in public interest to prosecute
give in presense of adult

180
Q

how long can conditions of youth caution last

A

16 weeks for summary or 20 weeks for either way and indictable

181
Q

aims of youth caution

A

rehabilitation, reparation or punishment

Criminal litigation (6 decks)

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