Police Station Procedure

Question 1

When must a suspect that has been arrested go to the police station?

Answer 1

As soon as is practicable after the arrest, or street bail

Question 2

Who is the custody officer?

Answer 2

Suspect is brought to custody officer when arrested. Responsible for authorising detention of suspect and supervising welfare while in police custody

Question 3

What rank is the custody officer

Answer 3

Usually at least rank of seargent. Should NOT be involved in investigation of offence

Question 4

What initial steps must custody officer take?

Answer 4

Opening and maintains custody record for each suspect.

Question 5

what is in the custody record?

Answer 5

Name, address, etc
Offence for which arrested
Time of arrest and time of arrival
Reason why ongoing detention has been authorised by custody officer
Time such detention was authorised
Confirmation that they have been given details of rights
Details of any items of property they had on their person.

Question 6

What searches will be done on a detained person>?

Answer 6

What items of property a suspect had on their person adn make a record of these items.
Custody office will authorised a search of the suspect.

Allows custody officer to seize and retain any items the suspect has on their person - clothing, personal effects can ONLY be seized if grounds of evidence.

Question 7

Who has the decision to detain a suspect, and how?

Answer 7

Custody officer
Msut determine if there is sufficient evidence to charge the suspect. Will ask investigation officer for details of the evidence that already exists. If not, what steps the officer proposes to be taken if the further detention is authorised.

Question 8

What are the grounds for detention?

Answer 8

If there is not sufficient evidence to charge suspect immediately. Eitherreleased without or with bail, UNLESS:

Custody officer has reasonable grounds for believing that detaining the suspect without charge is NECESSARY to secure or preserve evidence.

Or necessary to obtain such evidence by QUESTIONING.

Question 9

What is usual decision for custody officer during detention>

Answer 9

Custody officer will authorise suspects detention before charge, because one or both of the grounds are LIKELY to be satisfied.

Question 10

What are the conditions of detention?

Answer 10

The cell must be heated, cleaned and ventilated and lit.
Bed must be reasonable standard and clean.
Must have toilet and washing facilities
Must be offered 2 light meals and one main meal in 24 hour period
Offer brief outdoor exercise daily if practicable
Suspects should be visited int heir cells at least every HOUR.

If injured, must make arrangements to ensure clinical attention asap.

Question 11

What are the rights of a suspect being detained by the police for questioning?

Answer 11

Right to hae someone informed of arrest
Right to legal advice
Right to consult codes of practice
Right to be informed about the offence and any further offences for which they are arrested while in custody, and WHY they have been arrested and detained

Question 12

What is the right to legal advice?

Answer 12

Right to receive free and independent legal advice, and to consult a solicitor privately at ANY TIME.

As soon as practicable. Writing or telephone, alwasy available.

Police must contact defence solicitor call centre, EVEN if suspect has asked for a specific person

Suspect must be informed of arrival f solicitor and asked if they would like to see them, EVEN if they have declined legal advice.

At NO TIME should the police office say or do anything with intention of dissuading a person from obtaining legal advice (code C)

Question 13

Can the right to legal advice be delayed?

Answer 13

Very limited rights for delay. Any delay must be authorised by office of at LEAST rank of superintendent, and can be authorised only when a suspect has been arrested for INDICTALE offence.

Delay can be for a max of 36 hours from relevant time. Must be confirmed in writing ASAP.

Question 14

When can the delay to legal advice and right to have someone informed or arrest be authorised?

Answer 14

If officer has reasonable grounds for believing that the exercise of this right, at time, will:

Lead to an interference with or harm to evidence connected with an indictable offence,

Lead to aerating other persons suspected of having committed such an offence

Hinder the recover of any property obtained as a result of such an offence.

Question 15

What is they right to have someone informed of arrest?

Answer 15

Shall be entitled, if they request, to have one friend or relative or someone t be told ASAP.

Question 16

Can the police delay the right of informing somene of arrest?

Answer 16

In certain situations, any delay must be made by rank of at leases INSPECTOR, and can be authorised when indictable offence or either-way offence. Length can be for 36 hours max.

Question 17

What are the 2 clocks for detention time limits and reviews of detention? /

Answer 17

Detention clock and review clock

Question 18

What is teh detention clock?

Answer 18

Initial maximum period of detention before charge.

Shall not be kept in police detention for more than 24 hours without being charged.

Question 19

What are the 3 relevant times?

Answer 19

Person attended VOLUNTARILY at police station, who is then arrested- time of their ARREST

Person who attends a police station to answer “street bail” granted, time when THEY ARRIVE at police station

Suspect who has been arrested away from police station, time when they’re ARRIVE AT police station.

Question 20

Can the maximum period of detention or extended?

Answer 20

Under s 42, police have power to extend the period of a suspects detention in police station up to a period of 36 hours. (Additional 12 hours).
IF certain conditions are met:

• if detention is necessary to secure or preserve evidence,
• if offence is indictable or either way
• if investigation is being carried out diligently and expenditiously.

Question 21

Are any further extensions allowed on detention after the initial 12 hour increase?

Answer 21

Police are able to obtain a warrant for Rutherford detention from magistrates court, if conditions set out below are satisfied.
If magistrates are persuaded to grant a warrant for further detention, this can be for a period as the magistrates things fit, but up to 36 hours, therefore 72 hours in total.

EXCEPTIONAL cases- s 43, grant an extension ONLY if the grounds are satisfied and further detention is justified - but CANNOT be longer than 36 hours, and end later than 96 hours in total.

Question 22

What is the review clock?

Answer 22

Police must carry out periodic reviews of the suspects detention, to ensure grounds are authorised and are still applicable. Mandatory requirement.
Unlawful if not carried out, and is false imprisonment.

Question 23

Who takes the reviews of detention that take place before suspect is charged?

Answer 23

By an officer of at least rank of inspector, and is NOT involved in investigation - called the review officer

Question 24

When must the first and second review in the review clock take place?

Answer 24

No later than 6 hours after the custody officer first authorised detention of the suspect (NOT when they first arrive at police station

Secon review no later than 9 hours after the first review. Subsequent reviews intervals of no more than 9 hours

Question 25

What are the rights of a volunteer attending a police station

Answer 25

If police do not have sufficient evidence to arrest, or where arrest is not necessary, they may ask the person to attend voluntarily. S 29 sets out their rights - can leave at any time, unless formally arrested. Legal advice will advise.

Question 26

What is the role of a solicitor at a police station?

Answer 26

Only role is to protect and advance the legal rights of their client. May require the solicitor to give advice which has teh effect of the client avoiding giving evidence which strengthens the prosecution case

Question 27

What information is gathered by the solicitor on arrival?

Answer 27

Custody officer:
Basic information about circumstnaces, custody record and detention long. Alleged offences, time, any comments they have made, any identification procedures already taken place, if client has any disability, any illness, any significant items found.

Investigating officer:
Person dealing with the case.
For disclosure, significant statements/silence and the next steps the officer proposes to take

Client:
Once solicitor has obtained all information, then talk to client, and discuss the solicitors identify and role, details of alleged offence, clients instructions, next steps, prepare for interview

Question 28

What disclosure is needed between investigating officer and soicitor?

Answer 28

Solicitor needs to know what the lcient is alleged to have done which is criminal.
Police are NOT obligated to provide solicitor why ANY evidence, but they will normally provide most.

Investigating officer will summarise content of witness statements, alow copies potentially, etc

Solicitor should PUSH investigating officer to disclose as much as they can. If investigating officer refuses to make any disclosure, solicitor should point out that they cannot advise client well.

Question 29

What are the 4 steps involved in preparing a client for interview?

Answer 29

Advising client whether or not to answer questions in interview
Preparing written statement on clients behalf for no comment
Advising client how interview will be conducted by police, and advise client what role solcitiro will play in interview

Question 30

What are the 4 options for the client during an interview

Answer 30

To answer all questions
To give no comment
Selective silence
To give no comment, but give hand written statement to police .

Question 31

What are the advantages and disadvantages of answering all the questions

Answer 31

Allows client to put their version of record straight
Defences can be made
If defence is strong, this will help
No adverse inferences

May say something incriminating or make comments that undermine credibility. If charged and then leads not guilty, the transcript will be read out in COURT.
If young or immature, may not come across well in interview.
Solicitor must ensure they have sufficient disclosure of evidence which tehy have obtained, to mark sure client CAN answer every question.

Question 32

What are the advantages and disadvantages of remaining silent

Answer 32

No danger of incriminating themselves
Police will not have sufficient evidence to enable charge

If clinet is THEN charged, then adverse inference from silence.

Solicior suggests this if:
- police have not provided adequate disclosure of evidence
- solicitor thinks police will try to ambush client
- client denies involvement and police do not have sufficient evidnece to charge
- client is physically or mentally unfit
- age, maturity, vulnerability, inexperience
- complex caes

Question 33

When might a written statement be used during interview?

Answer 33

When client needs to place their version if events on record, ad to avoid adverse inference being drawn at trial, but solicitor is concerned as to how the client will perform in interview

Question 34

What should the statement for interiew contain?

Answer 34

Allow client to set out their defence in their own words, set out all the facts.
Should say no more than is necessary to prevent adverse inferences at trial.

Question 35

When should statement be handed in to police?

Answer 35

Either at time of interview or just prior to it, or even kept on clients file

Question 36

What is the procedure for interviewing a suspect under PACE?

Answer 36

Once custody officer has authorised detention, the officer investigating the offence will then take steps to further investigation.

• Carrying out audibly recorded interview with suspect about the suspects alleged involvement in the offence
• arranging for an indent i fixation procedure to be conducted by another officer to see if a witness to, or a victim f the offence is still able to identify the suspect
• taking fingerprints from suspect to see if they match fingerprints found at sight
• taking samples to see if they match

Question 37

What are the requirements of Code c and E for interviewing?

Answer 37

Interview are recorded, on 2 or 3 tapes/discs and one digital. Sealed in presence of suspect, and opened at trial.

Code C: provides that suspects who, at the time of interview, are unable to appreciate significant of questions or answers, or understand what is happened due to drinks/drugs/illness, should NOT be interviewed.

Question 38

Can a suspect be interviewed before receiving legal advice?

Answer 38

Generally no, it if they indicate they do not want legal advice, then interviewed, and then changes their mind, police should STOP and obtain advice

Question 39

What are the exceptions to being interviewing without legal advice?

Answer 39

Police may interview suspect before legal advice. Allows police to delay a suspects legal advice right for up to 36 hours, and may want to interview during this time.

If relevant solicitor has agreed, but would “cause unreasonable delay to the process of the investigation”

If solicitor the suspect has ASKED to speak to cannot be contacted, and suspect has declined duty solicitor

If suspect asks for legal advice and changes their mind about this, the police may interview, provided an officer of inspector rank speaks to suspect to enquire about the changing mind.

If suspects reasons are recorded in custody record

If officer of rank of inspector is satisfied that it is proper for interview to proceed, and if authority is not recorded inc us today, officer must ensure custody record shows date and time of authority

When interview starts, the beginning of the interiew must confirm that they change their mind.

Question 40

What happens at the start of the interiew?

Answer 40

The caution: you do not have to say anything .. right to remain silent etc.

Continuing right to legal advice

Significant statements and silences, confirm or deny

Question 41

What counts as oppression in police interview

Answer 41

Raising voice or shouting
Making threatening gestures
Leans towards so they are in the suspects face
Stands over or behind suspect
Threatens to detain suspect indefinitely unless they are confession

Question 42

When must interview cease?

Answer 42

When officer in charge is satisfied all the questions they consdier relevant to obtain accurate and reliable information about offence has been put to the suspect.

If the interview takes place over more than one day, in any period fo 24 hours the suspect must be given a rest of at least 8 hours.

Breaks should take place at recognised mealtimes and short refreshment breaks every 2 hours intervals.

Question 43

What is the role of the solicitor during interview

Answer 43

Need eto explain to client procedure
Interview can be stopped at any time if want further legal advice
Solciitor will be present in interiew, and will intervene wehn necessary and police are inappropriate
Prepare client for tactics police may use

Solicitor will sit beside client during interview, and never allow police to prevent them from eye contact with eachother.

Solicitor iwll not play a passive role - can object to improper questioning or give client further advice.

Opening statement, saying they will intervene if client asks for it, if questioning in inappropriate, if new information comes up, to clarify any matter, or a break is required.

Question 44

When should a solicitor intervene during the interview?

Answer 44

Questioning techniques are inappropriate
Police are behaving wrong
Client would benefit from furhter advice
If unhappy with seating arrangements, oppressive matter, threats, inducements, reference to previous convictions, new information.

Question 45

Can a solicitor be removed from interview?

Answer 45

ONLY if their conduct is such that the interviewer is unable to property to put questions to the suspect.

Question 46

What should the solicitor do if the client admits guilt but want to deny offence?

Answer 46

Solicitor cannot be a party to the client giving information which is false, as this misleads the court

Therefore must advice client to attend no comment interview.

If client INSISTS on false information, solicitor shoudld exclude to act any further on clietns behalf. “Professional reasons”

Question 47

When may a conflict of interest arise during police station solicitor advice?

Answer 47

Where solciitor is asked to advice 2 or more suspects of a polce station who are jointly alleged to the same offence.

Solicitors repsonsibislity to work out if there is ac of cult f interest.

Question 48

Can the solicitor disclosure information from one client to another client during police stages?

Answer 48

They must not disclose to one client anything, UNLESS

Obtained other clients consent in writing to disclose this information,
Both clients are putting forward consist iinstructions, and,
The solicitor considers it is in ther clients best interests for the information to be disclosed.