Police Station: Rights of Suspects, Reviews of Detention, and Detention Time Limits

Question 1

what must a custody officer do with regards to the detainee’s rights? (3)

Answer 1

• tell D of those rights
• record on custody record that he told D of those rights
• record responses by D after telling him of the rights

Question 2

what rights does a detainee have at the police station under the Police and Criminal Evidence Act 1984 (PACE)? (5)

Answer 2

1. right to consult a solicitor and that free independent legal advice is available
2. right to have someone informed of the arrest
3. right to an appropriate adult
4. right to an interpreter
5. right to consult codes of practice

+must be told of those rights by custody officer upon arriving at station

Question 3

what is the right to free legal advice? (6 points)

Answer 3

• D has the right to consult with a solicitor, in person, on the phone or in writing
• nothing should be done to dissuade D from obtaining legal advice
• D must be told of this right by CO and again before an interview, being asked to provide intimate samples, drug search, or ID procedure
• If D declines = note this on custody record - but waiving the right must be informed, voluntary, and unequivocal otherwise COP C is breached
• If D asks for legal advice = must be provided as soon as practicable and police cannot start interview / ID procedure before solicitor arrives
• if D initially declines then changes their mind = interview should stop and can recommence once D exercised their right to seek legal advice

Question 4

when can the right to independent legal advice be delayed?

Answer 4

MAX OF 36 HOURS + authority granted by SUPERINTENDENT in writing

Criteria =

1) Only when D is charged with an indictable offence

2) There is reasonable ground to believe the exercise of the right will lead to:

• interference/harm with evidence or others
• alerting people suspected of committing an indictable offence (eg, solicitor passes on a message)
• hinder recovery of property received from an offence
• or the person benefitted from their criminal conduct

Question 5

what is the procedure to delay the right to legal advice?

Answer 5

• suspect must be informed of delay
• delay must be recorded in custody record

Question 6

if the police do not want the suspect to consult with a specific solicitor, can they delay the right to free independent legal advice?

Answer 6

• police are justified in delaying access to a named solicitor if they can make the grounds
• BUT this would not usually provide justification to delay the right to legal advice generally
• the suspect should be allowed to choose another solicitor or the duty solicitor

Question 7

when the right to legal advice is delayed at the police station and the suspect is interviewed before they are able to consult with a solicitor, what is the result of this?

Answer 7

adverse inferences generally cannot be drawn at court for whatever the suspect does in the interview

Question 8

what does COP C say about the right to free legal advice? (3)

Answer 8

• cannot be delayed just because D is giving a no comment interview
• access to a specific solicitor can be delayed but then the suspect must have access to the duty solicitor
• delay must be a rare occurence

Question 9

what happens if D waives their right to legal advice?

Answer 9

• D can waive their right to legal advice
• this must be noted down on the custody record
• if this is not voluntary, not informed, or equivocal = then COP C is breached and D can apply to exclude evidence obtained without having access legal advice

Question 10

what is the right to have someone informed of arrest?

Answer 10

• D has right to inform someone of their arrest as soon as practicable (at public expense)
• this can be exercised every time D is taken to a different police station

Question 11

when can the right to have someone informed of arrest be delayed?

Answer 11

MAX 36 HOURS + authority granted by INSPECTOR in writing

Criteria =

1) Only when D is charged with an indictable offence

2) There is reasonable ground to believe the exercise of the right will lead to:

• interference/harm with evidence or others
• alerting people suspected of committing an indictable offence
• hinder recovery of property received from an offence
• or the person benefitted from their criminal conduct

delay should be proportionate and not last longer than necessary (eg, delay due to fear D will tip off, but then other suspects found so delay must stop)

Question 12

when is appropriate adult needed?

Answer 12

when D is a vulnerable suspect =

• a minor
• when police suspect or are told D is mentally disordered or vulnerable
• but not when D is drunk or high

Question 13

what must a custody officer do re vulnerable suspects? (4)

Answer 13

• do risk assessment, make inquiries, and identify if a suspect might be vulnerable
• if vulnerable, provide access to appropriate adult
• every effort must be made to contact a parent, guardian, and appropriate adult and inform them of the arrest, place of detention and grounds of detention
• the appropriate adult must be given a reasonable time to be present at the police station before continuing (and ensure they attend ASAP)

Question 14

what is the role of an appropriate adult? (6)

Answer 14

• ensure D understand what is happening and why
• support, advise, assist D
• observe if police are acting property and fairly + intervene if they are not
• assist with communication
• ensure D understands their right + protect rights
• request a solicitor to attend police station behalf of D but cannot force D to see/consult solicitor if they do not want to

Question 15

what does Code C PACE Codes of Practice state regarding appropriate adults? (3)

Answer 15

1. D cannot be interviewed or provide or sign a written statement without an appropriate adult arrives (but D can consult solicitors)
2. every effort must be made to notify a parent, guardian, and appropriate adult of the suspect’s arrest and detention
3. The appropriate adult must be given reasonable time to be present at the police station before proceeding

Question 16

when is interviewing a vulnerable suspect or asking them to provide or sign a written statement without appropriate adult allowed?

Answer 16

superintendent must authorise this only if satisfied that:

1) it would not significantly harm the suspect’s physical or mental state, and

2) delay would lead to:

• interference/harm to evidence or others
• loss or damage to property
• alerting other suspects
• hindering recovery of property

BUT interview must stop if information to avert the risk is obtained

Record of interviewing without AA must be made

Question 17

who CAN (5) / CANNOT (10) act as appropriate adult?

Answer 17

CAN ACT =

• minor = parent/ guardian/ social worker/ person 18+ who is not a police officer or employee
• mentally disordered = parent/ guardian/ relative/ person with experience/person 18+ who is not a police officer or employee

CANNOT ACT =

• suspect in offence
• victim of offence
• witness of offence
• involved in investigation
• D admitted to him before
• low IQ , unable to appreciate gravity
• estranged parent that the juvenile objects to
• police officer or employee
• minor
• solicitor attending police station for D

Question 18

when can the police detain a suspect? (the grounds of detention)

Answer 18

Police have power to detain a suspect at a police station after arrest on the grounds that it is necessary to:

1. secure or preserve evidence
2. obtain such evidence by questioning

If the grounds cease to exit, the police (and custody officer) must release the suspect ASAP

Question 19

when are the reviews of detention? how are reviews conducted?

Answer 19

timings of review =

(1) first review is 6 hours after detention is first authorised by CO

(2) next review is every 9 hours after the first review

by review officer =

• INSPECTOR but not custody officer
• must be satisfied that grounds for detention exist and it is still necessary
• must inform D at every review of right to free legal advice unless D is unfit or asleep at time of review

Question 20

what is the detention time limit? can this be extended?

Answer 20

max period of detention without charge = 24 hours from the ‘relevant time’

extending time limit =

1) summary only offence = time limit CANNOT BE EXTENDED

2) indictable offence =

• can be extended by Superintendent for max 36 hours after relevant time
• then by warrant from magistrates court for max 96 hours after relevant time (grounds that more evidence needs to be secured)

Question 21

when can detention be extended beyond 24 hours without applying to the magistrates court?

Answer 21

A Superintendent may extent detention beyond 24h by another 12h if:

• the offence is indictable
• they believe the grounds for detention still exist (necessary to secure or preserve evidence, or obtain evidence by questioning)
• the investigation is conducted diligently and expeditiously
• can only be done before the expiry of the 24h BUT AFTER the second review of detention

Question 22

what must the magistrates court be satisfied of in order to extend detention without charge up to 96 hours? (2)

Answer 22

1. there are reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning (grounds for detention)
2. the investigation is being conducted diligently and expeditiously

Question 23

what is the ‘relevant time’ to start counting detention period from?

Answer 23

the sooner of:

1. the time D arrives at police station or (if arrested, surrender voluntarily or answer street bail)
2. 24 hours after arrest (if arrested)

Question 24

who is the custody officer? what roles do they have regarding a suspect at a police station? (8)

Answer 24

rank of at least SERGEANT + must not be related to the investigation of the offence

responsible for care and welfare of detainee

When detainee first arrives at police station the CO must =

• authorise continued detention if there is sufficient evidence to charge D and if the grounds of detention exist, otherwise must order release
• open custody record
• inform detainee of reason of arrest and detention
• inform detainee of their rights + record this and any responses by D

CO also responsible for =

• conducting risk assessment for D
• make special arrangements for D
• arrange interpreter / health care if needed
• deal with D’s property

Question 25

what is the custody record? what rights does a suspect have regarding the custody record?

Answer 25

contains:
- everything happened to D at police station
- circumstances of D’s arrest
- why arrest was necessary
- comments made to and by D
- the relevant time

solicitor has right to consult it ASAP after they arrive at police station

Question 26

police officer rankings (9)

Answer 26

1) constable

2) sergeant

3) inspector

4) chief inspector

5) superintendant

6) chief superintendant

7) assistant chief constable

8) deputy chief constable

9) chief constable

Question 27

what are the restrictions on what the police can do in summary only offences (assault, battery, low criminal damage) compared with indictable offences?

Answer 27

CANNOT:

• delay right to legal advice
• delay informing someone of arrest
• extend detention beyond 24 hours

Question 28

if police refers the case to the CPS for a charging decision - what powers do police have?

Answer 28

1. D can be released pending decision unconditionally

or

2. Police can impose any other bail condition except for the condition that D resides in bail hostel - e.g., detain D pending charge, impose condition to report to station daily, etc.