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FLK2 - Criminal Practice > Police station procedures > Flashcards

Police station procedures Flashcards

1
Q

What specific suspects can be considered vulnerable?

A

Juveniles

Suspects who suffer from mental health conditions or mental disorders

Suspects who are deaf, unable to speak or blind

Suspects who cannot speak or understand English

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2
Q

Who is responsible for a juvenile suspect?

A

Parent/guardian

A person appointed by a local authority or voluntary organisation

Any other person who has assumed responsibility for the juvenile’s welfare

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3
Q

When must the person responsible for a juvenile be notified and what should they be informed of?

A

As soon as practicable

They should be informed that the juvenile has been arrested, why they have been arrested and where they are being detained.

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4
Q

What is the hierarchy of appropriate adults to contact in respect of the arrest of a juvenile?

A
  1. A relative, guardian or other person responsible for that person’s care or custody
  2. Someone experienced with vulnerable people
  3. Some other responsible adult
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5
Q

Who should NOT be an appropriate adult for a juvenile?

A

A solicitor

Police officers

Any interest party such as the victim or potential witness

A person whom the juvenile has made admissions to prior to that person being asked to attend the police station to fulfil the role of an appropriate adult

An estranged parent (only when the juvenile expressly and specifically objects to the present of such a person)

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6
Q

What is the role of the appropriate adult?

A

To support, advise and assist the suspect

To ensure the suspect understands their rights at the station

To observe whether the police are acting properly, fairly and with respect

To assist with communication between the suspect and police

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7
Q

Are the conversations between an appropriate adult and a juvenile subject to legal privilege?

A

No, because they do not provide the suspect with legal advice.

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8
Q

What should a custody officer read to a juvenile with an appropriate adult?

A

The custody officer should explain a juvenile’s rights whilst at the police station or repeat these to the appropriate adult if they have already been explained.

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9
Q

What should a vulnerable suspect’s solicitor or legal representative explain to the appropriate adult?

A

Clarify the appropriate adult’s role

Make clear they should not answer questions on behalf of the suspect

They should only intervene when the vulnerable person has not understood a question

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10
Q

What happens when a juvenile or suspect with mental health condition/disorder is cautioned without their appropriate adult?

A

The caution must be repeated in front of them.

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11
Q

What is the role of the appropriate adult when they are present in an interview?

A

To advise the person being interviewed

Observe whether the interview is being conducted fairly

Facilitate communication with the person being interviewed

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12
Q

Who should an interviewing officer consult if the appropriate adult’s conduct during an interview is obstructing the interviewer from asking questions?

A

The interviewing officer will consult an officer of superintendent rank or above.

If they are not available, they will consult an officer of inspector rank or above.

That officer will decide if the interview should continue or if another appropriate adult should be obtained.

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13
Q

How should those in custody be dealt with in terms of timings?

A

They should be dealt with expeditiously and released as soon as the need for detention no longer applies.

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14
Q

What are the initial steps that a custody officer must take with a suspect before detention?

A
  1. Open (and maintain) a custody record and detention log
  2. Inform the suspect of their ongoing rights
  3. Search, seize and retain any items the suspect has on their person
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15
Q

What must a custody officer ask of an investigating officer when considering an authorisation of further detention?

A

They will ask the investigating officer for any existing evidence.

If there is sufficient evidence, the suspect will be charged and released on bail/remanded.

If there is insufficient evidence, the investigating officer must provide steps to be taken if the custody officer authorises further detention.

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16
Q

What are the grounds for detention where there is insufficient evidence?

A

The custody officer has reasonable grounds to believe that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest.

It is necessary to obtain such evidence by questioning.

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17
Q

What are the conditions for detention?

A

The cell must be adequately lit, heated, cleaned and ventilated

The suspect must have access to a toilet and wash facilities

They must offered two light meals and one main meal

They must be offered brief outdoor exercise daily

They should be visited in their cells every hour

They should receive appropriate clinical attention as soon as reasonably practicable

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18
Q

What are the suspect’s rights during detention? (4)

A

The right to have someone informed of the suspect’s arrest;

The right for the suspect to consult privately with a solicitor (and they must be told that free, independent legal advice is available);

The right to consult the Codes of Practice

The right to be informed about the offence and any further offences for why they are arrested in custody

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19
Q

Who should the police contact for independent legal advice for the suspect?

A

The Defence Solicitor Call Centre

They will determine if telephone advice is sufficient or whether a solicitor should attend.

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20
Q

Who provides telephone legal advice to a suspect?

A

Criminal Defence Direct

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21
Q

When should a suspect be notified about the duty solicitor?

A

As soon as they arrive, even if they have previously declined legal advice.

This should be noted in the custody record.

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22
Q

When can the police delay legal advice?

A

An officer at superintendent level or above can delay legal advice if they have reasonable grounds to suspect that exercising this right will:

  • lead to interference or harm to evidence
    connected with an indictable offence;
  • lead to physical injury to other persons;
  • alert others involved with the offence who are not yet arrested; or
  • hinder the recovery of any property obtained as a result of the offence.
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23
Q

If authorised, how long can legal advice be delayed?

A

A maximum of 36 hours from the relevant time.

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24
Q

When can the police delay the right to inform someone of the suspect’s arrest?

A

An officer at inspector level or above can delay the suspect’s right to inform someone of their arrest if they have reasonable grounds to suspect that exercising this right will:

  • lead to interference or harm to evidence
    connected with an indictable offence;
  • lead to physical injury to other persons;
  • alert others involved with the offence who are not yet arrested; or
  • hinder the recovery of any property obtained as a result of the offence.
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25
Q

If authorised, how long can the police delay the suspect’s right to inform someone of their arrest?

A

A maximum of 36 hours from the relevant time.

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26
Q

What are the two types of clock that apply to detention at the police station?

A

The detention clock
The review clock

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27
Q

What is the detention clock?

A

The initial maximum period of detention before a charge. This is 24 hours from the relevant time according to the status of the suspect.

28
Q

When does a detention clock start running for a volunteer attending the police station?

A

At the time of the arrest at the police station

29
Q

When does a detention clock start running for a suspect on street bail?

A

At the time of arrival at the police station

30
Q

When does a detention clock start running for a suspect who is arrested away from the police station?

A

At the time of arrival at the police station.

31
Q

Can the police extend the initial maximum period of detention?

A

Yes, from 24 to 36 hours if certain conditions are met.

32
Q

What conditions are required to extend the initial period of detention?

A

A superintendent or above must have reasonable grounds to believe that:

  • the detention of the suspect without charge is necessary to preserve evidence in relation to the offence
  • the offence is an indictable offence
  • the investigation is being carried out diligently and expeditiously
33
Q

Can a suspect be detained beyond the extended 36 hour period?

A

Yes, but a warrant needs to be granted from the magistrates court.

34
Q

In what circumstances will the magistrates warrant a further extension of a suspect’s detention?

A

Where the magistrates have reasonable grounds to believe that:

  • the suspect’s detention without charge is necessary to secure or preserve evidence relating to their offence, or to obtain such evidence to question them
  • the investigation is being conducted diligently and expeditiously
35
Q

What is the maximum period that a suspect can be detained taking into account all granted extensions?

A

96 hours (i.e. four days), after which the suspect must be released or charged.

36
Q

Within how many hours should an inspector or above review the necessity of a detainee’s detention?

A

6 hours

37
Q

What should be reviewed after 9 hours of detention?

A

A review by an inspector or above must determine if the detention is still necessary.

38
Q

What must happen within 24 hours of detention?

A

The detainee must be charged or released unless a superintendent or above authorises continued detention.

39
Q

What must happen within 36 hours of detention?

A

The detainee must be charged or released unless a superintendent or above authorises continued detention.

40
Q

What happens within 72 hours of detention if the detainee hasn’t been charged?

A

The detainee must be charged or released unless a magistrates court grants a warrant of further detention

41
Q

What must happen within 96 hours of detention?

A

The detainee must be charged or released.

42
Q

What should a solicitor obtain from a custody officer or custody record when they first arrive?

A

Details on the alleged offence

Timings as to when the detention was authorised and any detention reviews

Any significant comments or samples

Whether the client needs an appropriate adult

43
Q

What details should a solicitor obtain from an investigating officer when they first arrive?

A

Disclosure of any facts and evidence supporting those facts

Whether there have been any significant statements or silence

The next steps the investigating officer proposes to take

44
Q

What should the solicitor discuss with the client in their first encounter?

A

They should introduce themselves and explain their role

They should give details of the alleged offence and the relevant substantive law

They should confirm the client’s instructions

They should discuss the next step in the police investigation

They should prepare the client for the interview

45
Q

What are the client’s options during an interview with the police? (4)

A

Answer all questions put to them

Give a ‘no comment interview’

Selective silence

Give a ‘no comment interview’ but hand a written statement on which they will rely on upon their defence at trial

46
Q

When should a solicitor advise a client to give a ‘no comment’ interview? (7)

A

Where the police have not provided adequate disclosure of evidence

The solicitor thinks the police may attempt to ambush the client during the interview

The client denies involvement in the offence and there is not sufficient evidence

The client is mentally or physically unfit to be interviewed

The client may perform badly due to age, psychological vulnerability

The facts are complex

There is no viable defence

47
Q

When should a written statement be used in respect of an interview?

A

If the solicitor considers that the client needs to place their version of events on record to avoid any adverse inferences, but feels they may perform poorly in an interview.

48
Q

What should a written statement for a police station interview contain?

A

It should set out the client’s version of events in a clear and logical way in their own words.

49
Q

When should a written statement for a police station interview be handed to the police?

A

During the interview
Just prior to charge
Kept on file and not disclosed - due to the fact that the police case may be weak from the interview

50
Q

What should a solicitor do if their client admits guilt to them but intends to lie in their police interview?

A

The solicitor should cease acting as they cannot be a party to giving false information to the police - this is misleading the court.

51
Q

What should a solicitor do if their client admits guilt to them but intends to answer ‘no comment’ in their police interview?

A

They can continue to act.

52
Q

Can a solicitor act for two or more suspects of the same alleged offence?

A

The solicitor should speak to the first suspect to establish if there is a clear conflict of interest.

If a conflict arises or emerges later down the line, the solicitor should either decline to act for the one suspect (in the former) and withdraw completely (in the latter).

53
Q

Can a solicitor disclose information from one client to another?

A

Not unless:

  • They have obtained the other client’s consent in writing
  • Both clients are putting forward consistent instructions
  • The solicitor considers it in their client’s best interest to be disclosed
54
Q

Can a solicitor disclose details of their client’s defence by another solicitor representing a co-accused?

A

No, not unless it is in their client’s best interests to be disclosed.

This will rarely be the case.

55
Q

When should a solicitor not disclose material information to their client’s case to them?

A

Disclosure is prohibited by national security or the prevention of crime

The client gives informed consent in writing to the information not being disclosed

There is reason to believe that serious physical or mental injury could be caused to the client or another if disclosed and the information is contained in a privileged document mistakenly disclosed to you

56
Q

What should a solicitor say when they are withdrawing from acting?

A

Explain to the client why they are no longer able to represent them

Tell the client that they are entitled to legal advice from another solicitor of their choice or the duty solicitor

Tell the client that, although the solicitor is no longer able to represent them, there is still an ongoing duty of confidentiality

Tell the custody officer that the solicitor is no longer able to act for professional reasons.

57
Q

When should a suspect be interviewed?

A

Only when they appreciate the significance of their answers; or

They understand what is happening but they are under the influence of drink, drugs or any illness meaning they should not generally be interviewed.

58
Q

What is the general rule to allowing a suspect to receive legal advice prior to being interviewed?

A

The police should not seek to interview a suspect who has indicated they require legal advice. Also, if a suspect initially declines but then changes their mind during an interview, the police can pause an interview to allow them to obtain the advice.

Exceptions apply to this general rule.

59
Q

What are the exceptions to the general rule that legal advice should be obtained prior to a police interview?

A

Where the police want to delay legal advice in exercising their powers (as above)

If the solicitor the suspect has asked to speak to cannot be contacted or has declined to attend, and the suspect further declines the opportunity to contact the duty solicitor

If the suspect acts for legal advice but changes their mind (provided certain criteria are met).

60
Q

At the start of the interview, what should the police say to the suspect?

A

Caution the suspect

Remind the suspect about their right to obtain free and independent legal advice

Put forward any significant statements or silences which occurred in the presence of a police officer before the interview

61
Q

When should an interview cease?

A

When the officer in charge of the investigation is satisfied that all the questions they consider relevant to obtaining accurate and reliable information have been put to the suspect.

62
Q

What should a solicitor advise to their client to prepare them for interview?

A

The interview will be recorded

It can be stopped at any time should they require further legal advice

The solicitor will be present to protect the client’s interests

If they intend to remain silent, they should use ‘no comment’ in answer to all questions, and discuss police tactics when remaining silent

Advise the client to remain calm and not become hostile or abusive

63
Q

Where should a solicitor sit in an interview?

A

The solicitor should ensure they are seated beside the client during the interview and must never allow the police to prevent them from making eye contact.

64
Q

What should a solicitor’s opening statement at an interview contain?

A

Introduce themselves
Introduce the firm
Confirm their role
Confirm where they will intervene
Whether the client has agreed to answer questions or remain silent

65
Q

When would a solicitor intervene in an interview?

A

The questioning techniques inappropriate
The police are behaving in an inappropriate manner
The client would benefit from further private legal advice.

66
Q

When can a solicitor be removed from an interview?

A

Where the interviewer is unable to properly put questions to the suspect due to the solicitor’s conduct / obstruction.

FLK2 - Criminal Practice (7 decks)

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