Police Station Procedure

Question 1

What statute provides a suspect with the right to legal advice?

Answer 1

Section 58 of the Police and Criminal Evidence Act (PACE) 1984.

Question 2

When must a suspect be informed of their right to legal advice?

Answer 2

As soon as practicable after arriving at the police station​.

Question 3

How can a suspect request legal advice at the police station?

Answer 3

By requesting a duty solicitor, choosing their own solicitor, or receiving free telephone advice via the Defence Solicitor Call Centre (DSCC)

Question 4

In what circumstances can access to legal advice be delayed?

Answer 4

If authorized by a superintendent, for indictable offences only, and only if necessary to prevent interference with evidence, harm to individuals, alerting of other suspects, or hindering property recovery​

Question 5

What right does a suspect have under Section 56 of PACE 1984?

Answer 5

The right to have one friend, relative, or other interested party informed of their arrest​.

Question 6

Can the right to have someone informed of arrest be delayed?

Answer 6

Yes, for indictable offences, if an inspector believes notification would interfere with evidence, harm others, alert accomplices, or hinder recovery of stolen property​

Question 7

What is the initial maximum period a suspect can be detained before charge?

Answer 7

24 hours from the ‘relevant time’ under Section 41 of PACE​

Question 8

What are the different ‘relevant times’ for maximum period of detention?

Answer 8

Attending station voluntarily
* Time of arrest at station

Attending station to answer street bail
* Time of arrival at station

Suspect arrested away from station
* Time of arrival at station

Question 9

Under what conditions can detention be extended beyond 24 hours?

Answer 9

A superintendent can authorize an extension to 36 hours, and a magistrate can authorize further detention up to 96 hours in total

Must be an indictable offence and investigation must be carried out diligently and expeditiously

Question 10

What are the detention review time limits under Code C?

Answer 10

First review within six hours of detention authorization, second within nine hours of detention, then every nine hours thereafter​

Must be carried out by an officer of rank at least inspector

Question 11

What happens if detention time limits are exceeded without proper authorization?

Answer 11

The suspect must be released unless charged​

Question 12

What are the four main options available to a client when being interviewed (IE how they can respond)?

Answer 12

Suspect can answer all questions

Suspect can give a ‘no comment’ interview

Suspect can choose selective silence

Suspect can give a ‘no comment’ interview but hand in a written statement

Question 13

If a client prepares a written statement to give to the police during or after an interview, what must this written statement contain?

Answer 13

Drafted by solicitor but written in clients own words

Sets out all the facts which the client later relies on in their defence

Should cover matters police will likely ask client during interview and which may be the subject of adverse inferences in court

Question 14

Which Code(s) under PACE governs the interview procedure?

Answer 14

Code C and E

Question 15

When must an interview cease?

Answer 15

When the officer in charge is satisfied that all relevant questions have been put to the suspect

If interview takes longer than 1 day
- Must be given 8 hours break in between for any 24 period

Breaks from interviews should align with recognised mealtimes or in any event in 2 hour intervals

Breaches of the above could result in answers being inadmissible

Question 16

Under Code C, answers to questions cannot be obtained through oppression. What is meant by oppression?

Answer 16

Oppression may occur if interviewing officer
- raises their voice or shouts
- makes threatening gestures towards the suspect
- leans towards suspect so that they are ‘in their face’
- stands over or behind the suspect
- threatens to detain suspect indefinitely

Officer should not offer any inducements to a suspect to admit their guilt

Solicitor could rely on
- s.76(2)(a) of PACE (oppression) and/or
- s.76(2)(b) (unreliable) and/or
- s.78 (adverse effect on proceedings)

Question 17

What are common professional conduct issues that can arise while at the police station?

Answer 17

Client admits guilt but wants to deny it

Conflict of interest if advising two or more jointly alleged clients

Disclosing case to a third party

Question 18

If asked to advise two or more jointly alleged clients, how should a solicitor handle this?

Answer 18

Ensure there is no risk of conflict of interest
- Should discuss with investigating officer and clients
- even if no risk, should still be wary of one arising

If a client asks to disclose information to the client, what should happen?
- Should not disclose unless:
- obtained consent (preferably in writing)
- both clients put forward consistent instructions and defences
- solicitor considers it in their best interest to disclose info

Solicitor should be wary of being used by clients to pass info between them

Question 19

Which Code of PACE governs Identification procedures?

Answer 19

Code D

Question 20

When must an identification procedure be held?

Answer 20

If a witness identifies or claims they can identify a suspect, or if there is a reasonable chance they can, and the suspect disputes being the person seen​

Question 21

What are the four types of identification procedures under Code D?

Answer 21

(1) Video identification
(2) Identification parade
(3) Group identification
(4) Confrontation​

Question 22

What is the preferred method of identification?

Answer 22

Video identification unless it is impracticable or an alternative is deemed more suitable​

Question 23

When is a confrontation identification procedure used?

Answer 23

Only as a last resort, usually when a suspect refuses other procedures

Question 24

What safeguards exist to ensure fairness in an identification parade?

Answer 24

The suspect must be placed among people of similar age, ethnicity, and appearance​

Identification officer must be present and unconnected to the investigation

Witnesses are not allowed to interact or discuss the investigation

Question 25

Can an identification procedure be used if a witness has recognised a suspect from a photograph?

Answer 25

Yes Witness must give description first Must be shown at least 12 photographs at a time Once positive ID made, no other witness should be shown the photos Witness then asked to take part in ID procedure

Question 26

What happens if a suspect refuses to participate in an identification procedure?

Answer 26

The police can proceed with an alternative method, such as video or group identification​

Question 27

Who is responsible for conducting an identification procedure?

Answer 27

An identification officer, independent of the investigation, must conduct the procedure​ At least rank Inspector

Question 28

Can a solicitor be present during an identification procedure?

Answer 28

Yes, suspects have the right to legal representation at identification procedures​

Question 29

What are the requirements for a properly conducted Video Identification procedure?

Answer 29

Witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect Must include at least 8 other people who resemble suspect If two suspects and they look similar, must be at least 12 other people Must show similar movements and positions Any identifying features (scars, tattoos etc) can be covered or replicated Suspect wont be present

Question 30

What are the requirements for a properly conducted Identification Parade procedure?

Answer 30

Occurs when a witness sees the suspect in a line of other persons who resemble the suspect Must consist of at least 8 people who resemble suspect Scars and tattoos etc can be covered or replicated A colour photo or video recording must be taken of the procedure

Question 31

What are the requirements for a properly conducted Group Identification procedure?

Answer 31

Occurs when the witness sees the suspect in an informal group of people (like in a bus station, mall etc) Suspect should be able to be seen at same time as others Police must reasonably expect that the witness will see some people whose appearance is broadly similar to suspect but thats the only requirement

Question 32

What are the requirements for a properly conducted Confrontation procedure?

Answer 32

Witness is brought face-to-face with a suspect in the police station Witness must be told that the person they saw may, or may not, be the person they are to confront and that if they are not that person, the witness should say so Usually only takes place when suspect refuses all other kinds of procedures Usually in presence of suspects solicitor

Question 33

What is the right to silence?

Answer 33

The right not to answer questions during a police interview​

Question 34

What are adverse inferences?

Answer 34

Negative conclusions that a court may draw from a suspect’s silence under Sections 34-37 of the Criminal Justice and Public Order Act 1994

Question 35

When can an adverse inference be drawn?

Answer 35

If the suspect remains silent in police interview and later relies on a defence in court that they could have mentioned earlier

Question 36

What must police do before drawing an adverse inference?

Answer 36

Give a proper caution and ensure the suspect understands the consequences of silence​

Question 37

Can a suspect’s silence alone result in conviction?

Answer 37

No, but it can be used as supporting evidence in assessing guilt​

Question 38

How should a solicitor advise a vulnerable client on answering police questions?

Answer 38

Consider their mental state, ability to comprehend legal rights, and whether an appropriate adult should be present​

Question 39

What role does a legal representative play during a police interview?

Answer 39

Protect and advance the legal rights of their client, ensure fair treatment, and intervene if necessary

Question 40

What are key responsibilities of a solicitor during an interview?

Answer 40

Ensuring correct cautioning, preventing improper police tactics, stopping the interview if needed, and advising on answering questions

Question 41

What are common categories of potentially vulnerable individuals?

Answer 41

Juveniles (10-17 years old) Suspects who suffer from mental health conditions Suspects who are deaf, blind, or mute Suspects who cannot speak or understand English

Question 42

When a juvenile is arrested, who must be informed and when?

Answer 42

The person responsible for their welfare. This may be - Parent or guardian - if in care, person appointed by authority or organisation - any other person who has assumed responsibility Must be informed as soon as practicable (right can't be delayed)

Question 43

What is an appropriate adult, and who can act as one?

Answer 43

A responsible person ensuring fair treatment of vulnerable suspects; can be - a parent or guardian - social worker - or another responsible adult (like aunts, uncles, grandparents etc) This is a hierarchy so start with parents and work down​

Question 44

When must an appropriate adult be present?

Answer 44

When interviewing a suspect under 18 or a vulnerable adult who has difficulty understanding the proceedings If the suspect is under 18 and is a girl, must ensure arrangements in place for a girl to be under the care of a woman

Question 45

Can an appropriate adult act as a legal representative?

Answer 45

No, their role is to provide support, not legal advice​

Question 46

What are the alternatives to charging a juvenile?

Answer 46

Community resolution - aimed at first time offenders who admit guilt - not part of criminal record Youth Cautions - Offender admits guilt - Sufficient evidence to charge - Police consider the alternatives to be inadequate Youth Conditional Caution - Offender admits guilt - Sufficient evidence to charge - Police consider the alternatives to be inadequate - Must comply with conditions laid on in document - if summary offence, must complete conditions within 16 weeks - if indictable offence, must complete conditions with 20 weeks Not a criminal conviction and no appearance at youth court Criminal Record retained

Question 47

What is the purpose of the police caution at the start of an interview?

Answer 47

To remind the suspect of their right to remain silent and that anything they say may be used in evidence

Question 48

What should a solicitor do if they believe their client is being unfairly questioned?

Answer 48

Intervene, request a break, or stop the interview if necessary​