Preliminaries to prosecution

Question 1

What are police officers required to demonstrate for detention without charge?

Answer 1

Legal authority to exercise power
Power exercised lawfully

Question 2

When might a person not be taken to police station straight away?

Answer 2

Presence at other place is necessary to carry out investigations eg
* Being searched
* Being taken to premises to be searched
* Being taken to a place to check their alibi

Question 3

What happens at the police station?

Answer 3

• D sees custody officer
• informed of rights
• Non-intimate samples
• healthcare
• speak to solicitor
• Interview

Question 4

What happens after police interview?

Answer 4

o Release under investigation/police bail
o Charged + released under bail, appear at MC later date
o Charged + remanded into custody, appear at MC next day

Question 5

Who authorises detention of an arrested person?

Answer 5

Custody officer

Question 6

What are the role/requirements of being a custody officer?

Answer 6

• Handling and welfare of suspects in detention
• At least sergeant
• Unrelated to investigation

Question 7

When will a custody officer think there are grounds for detention but not sufficient evidence to charge?

Answer 7

• Secure/preserve evidence
• Obtain evidence by questioning

Question 8

If there are grounds to detain, what does a custody officer do?

Answer 8

• Authorise detention
• Open custody record
• Inform D of reason for arrest and detention
• Advise D of rights

Question 9

What are the additional duties of a custody officer?

Answer 9

• Risk assessment
• Special arrangements
• Interpreters
• D’s Property
• Contacting healthcare professionals

Question 10

What will the custody record include?

Answer 10

Requirement to inform of reason
Circumstances of arrest
Why arrest necessary
Comments made by D

Question 11

Where can a solicitor find details of everything that has happened to/said/done by the detainee?

Answer 11

Custody record

Question 12

When do reviews of detention need to happen and who by?

Answer 12

At least inspector, unrelated to investigation, not CO.
First review - < 6 hours after authorised by CO, every 9 hours after

Question 13

What is the time limit for detention?

Answer 13

24 hours from relevant time (usually arrives at station)

Question 14

What does s42 PACE say about the limit for detention being extended?

Answer 14

• Authorisation before expiry, after second review
• Grounds explained to D and noted in custody record
• Suspect/solicitor allowed to make representations

Question 15

What is the criteria for a detention extension?

Answer 15

• At least superintendent authorised
• Reasonable grounds it’s necessary for evidence/questioning
• Indictable offence
• Investigation conducted diligently and expeditiously

Question 16

How can detention be extended beyong 36 hours?

Answer 16

Apply to magistrates court
36 hrs first application, 36 hrs second (96 hrs max)
* MC satisfied reasonable grounds for evidence/questioning
* Indictable
* Investigation conducted diligently and expeditiously

Question 17

What rights must be stated during custody?

Answer 17

• Consult privately with solicitor/free independent legal advice available
• Someone informed of arrest
• Consult COP
• Appropriate adult/interpreter

Question 18

When must a suspect be told of their right to a solicitor/free advice?

Answer 18

before:
* Commencement/recommencement of interview
* Being asked for intimate samples
* Intimate drug search
* Identification parade/Video ID procedure

Question 19

How long can the right to consult a solicitor/have someone informed be delayed for?

Answer 19

36 hours max

Question 20

What is the criteria for delaying the right to consult with solicitor?

Answer 20

Indictable offence
In writing, at least superintendent
Reasonable grounds exercising right will lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

Question 21

What is the criteria for delaying the right to inform someone?

Answer 21

Indictable offence
In writing, At least inspector
Reasonable grounds lead to:
* Interfering with evidence
* Interfering/harm to others
* Alerting other suspects not yet arrested
* Hinder recovery of property

Question 22

Who has the right to an appropriate adult?

Answer 22

Any minor or:
* Mentally disordered/vulnerable
* Officer told in good faith they are mentally disordered/vulnerable

Question 23

Who can act as an appropriate adult for a minor?

Answer 23

• Parent/guardian
• Care authority/social worker
• Any 18+ not police

Question 24

Who can act as an appropriate adult for a mentally disordered person?

Answer 24

• Parent/guardian
• Relative
• Experienced person

Question 25

Who can't act as an appropriate adult?

Answer 25

* Solicitor * Suspect * Victim/witness * Involved in investigation * Rec’d admissions * Low IQ * Estranged parent if objected

Question 26

What is the role of an appropriate adult?

Answer 26

* Ensure D understands what and why * Support/advise/ assistance * Observe police/intervene * Ensure D understands rights * Can request solicitor

Question 27

When can police delay the right to an appropriate adult?

Answer 27

delay would lead to: * Interfering with evidence * Interfering/harm to others * Serious loss/damage to property * Alerting other suspects not yet arrested * Hindering recovery of property

Question 28

When can police delay the right to an interpreter?

Answer 28

* Interfering with evidence * Interfering/harm to others * Serious loss/damage to property

Question 29

All interviews must be carried out under what?

Answer 29

Caution

Question 30

What should happen before interview?

Answer 30

* See CO who authorised continued detention * Informed of rights * Non-intimate samples * Healthcare professional * Speak to legal rep (if requested)

Question 31

When can interviews take place outside of police station?

Answer 31

it would lead to: * Interfering with evidence * Interfering/harm to others * Serious loss/damage to property * Alerting other suspects not yet arrested * Hindering recovery of property

Question 32

When is there a right to disclosure?

Answer 32

* Significant statement and * Custody record

Question 33

What is the general rule for recording of interviews?

Answer 33

Contemporaneously recorded

Question 34

When is someone unfit for interview?

Answer 34

Unable to: * Appreciate significance of questions and answers * Understand due to drink/drugs/illness/ailment/ condition Superintendent can authorise though

Question 35

What should a solicitor do before interview?

Answer 35

Obtain pre-interview disclosure Private consultation

Question 36

When should a solicitor consider intervening in an interview?

Answer 36

* Information/evidence not disclosed before interview * Clarification on any matter required at any time * Inappropriate questioning * Inappropriate behaviour * Further advice to client needed * Break required * Circumstances require

Question 37

What are examples of inappropriate questioning?

Answer 37

* Misrepresentation of information * Hypothetical questions * Repetitive questioning * Disruptive listening

Question 38

When are confessions inadmissable?

Answer 38

Oppression that caused confession Unreliability that caused confession adverse effect on fairness of proceedings

Question 39

When does someone not need to be cautioned to be interviewed?

Answer 39

a) Solely to establish identity or ownership of vehicle b) To obtain information for statutory requirement e.g. name/address of driver c) In furtherance of proper and effective conduct of a search d) To seek verification of a written record of comments made by someone outside of an interview

Question 40

What starts the clock for extending detention?

Answer 40

The time of arrival at police station

Question 41

What starts the clock for reviews of detention?

Answer 41

The time detention was authorised

Question 42

Who should a solicitor see regarding disclosure?

Answer 42

Investigating officer

Question 43

When can the police charge without the CPS?

Answer 43

1. Summary only offence (including criminal damage £5000 or less) 2. Shoplifting (if suitable for Magistrates Court) 3. Either way offence anticipated as a guilty plea and suitable for Magistrates Court

Question 44

Is an intoxicated person treated as vulnerable?

Answer 44

No

Question 45

Who is a vulnerable person?

Answer 45

because of mental condition: - difficulty understanding/communicating implication of arrest/interview/rights - doesnt understand significance of what they're told/questions/replies - prone to becoming confused/unreliable or incriminating info/accepting suggestions/readily agreeing

Question 46

What are the options in police interview?

Answer 46

* Answer questions * 'Go no comment' (refuse to answer) * Provide a written statement and 'go no comment'

Question 47

When may adverse inferences be drawn?

Answer 47

- D later relis on fact not mentioned during questioning - fails to explain object/substance/mark found during arrest - fails to account for presence at place during alleged time of offence

Question 48

When can an adverse inference not be drawn for relying on an unmentioned fact?

Answer 48

No caution

Question 49

For the adverse inference of relying on an unmentioned fact, what must the fact be?

Answer 49

Reasonable to have been mentioned bearing in mind circumstances

Question 50

What is the effect of an adverse inference for relying on an unmentioned fact?

Answer 50

- explanation fabricated - ambush defence - no reasonable explanation in interview

Question 51

What must the police do if they find an object/substance/mark on the arrested person or want them to account for their presence at a particular place during the alleged time of the offence?

Answer 51

Ordinary language caution (special warning)

Question 52

What are the safeguards for adverse inferences?

Answer 52

- cant convict solely on adverse inference - cant draw adverse inference where no access to legal advice

Question 53

What can the police do for visual identification where the suspect ID is not known?

Answer 53

Take witness to place/neighbourhood or Show photos

Question 54

When should a visual identification procedure be used?

Answer 54

- eyewitness who identified/able to identify and - suspect denies being that person

Question 55

When will a visual identification procedure not be used?

Answer 55

not practical/no useful purpose

Question 56

What are the types of visual identification procedure?

Answer 56

- video ID - ID parade - Group ID

Question 57

Is consent to visual identification procedures mandatory?

Answer 57

no but refusal may be used as evidence and could lead to covert procedures

Question 58

What happens where a suspect has unusual features during video ID?

Answer 58

They are concealed or replicated in the lineup

Question 59

Will the solicitor be able to supervise a video ID procedure?

Answer 59

Yes at investigating officer's discretion

Question 60

Can eyewitnesses communicate during video ID?

Answer 60

no

Question 61

What can a witness request during an ID parade?

Answer 61

Specific actions

Question 62

Who can a suspect have present during an ID parade?

Answer 62

solicitor, friend, appropriate adult/interpreter

Question 63

How can group ID take place?

Answer 63

With suspect's consent or Covertly without consent

Question 64

Will breach of Code D mean that the visual identification is excluded?

Answer 64

Only is accused suffered significant prejudice

Question 65

When can the police make a charging decision?

Answer 65

summary only offence Shoplifting Either way offence anticipated guilty plea and suitable for sentence at magistrates court

Question 66

What is the only time limit for bringing criminal proceedings?

Answer 66

summary only - within 6 months of alleged offence