Preliminaries to Prosecution

Question 1

What happens immediately after arrest?

Answer 1

The person should be taken to a police station ASAP. This can be any police station unless it is anticipated detention will be longer than 6 hours, where a designated police station will be used.

This is unless their presence somewhere else is necessary for being searched, have premises searched, or to check their alibi.

Street bail is possible.

Question 2

In overview, what happens when an arrested person arrives at the police station?

Answer 2

They will see the custody officer, be informed of their rights, have non-intimate samples taken, may see healthcare professional, will speak to a solicitor if requested, may be interviewed, then will be released or charged after interview.

Question 3

What is the minimum rank of a custody officer?

Answer 3

Sergeant.

Question 4

What is the role of the custody officer?

Answer 4

To authorise detention or order release, after the reason for arrest has been explained.

Question 5

If there are grounds to detain, the custody officer will:

Answer 5

Authorise detention, inform the detainee of the reason for their arrest and detention, and advise the detainee of their rights.

Question 6

What are the additional duties of a custody officer?

Answer 6

Conduct a risk assessment procedure, make special arrangements, arrange for interpreters, deal with detainees property, contact healthcare professionals if necessary.

Question 7

When must a custody record be opened?

Answer 7

As soon as practicable for each detainee arriving at the police station.

Question 8

What basic information must be included in the custody record?

Answer 8

The requirement to inform the person of the reason for their arrest; the circumstances of the arrest and why it was necessary; any comments made by the arrested person.

Question 9

Can the solicitor view the custody record?

Answer 9

Yes, it is essential that they do - they have the right to consult the client’s custody record as soon as practicable after arrival at station.

Question 10

What happens during reviews of detention?

Answer 10

The review officer must be satisfied that the detention is still necessary.

The person must be reminded of their right to free legal advice, be given right to make representations unless they are unfit to or asleep.

Question 11

What is the minimum rank of a review officer?

Answer 11

Inspector. They cannot be connected with the investigation of the offence and cannot be the custody officer.

Question 12

What are the timings for reviews of detention?

Answer 12

First must take place not more than six hours after the detention was first authorised by the custody officer.

Then periodically every nine hours thereafter.

Question 13

What is the maximum amount of time that a suspect can be kept in custody before being charged?

Answer 13

24 hours from the relevant time.

Relevant time is usually time of arrival at the police station.

Question 14

How can the time for detention be extended beyond 24 hours?

Answer 14

Can be extended for a further 12 hours (to 36 hrs from relevant time) if authorisation to extend has been given before the expiry of the initial 24 hours but after the second review has occurred, the grounds have been explained to the suspect and noted in the custody record, and the suspect or solicitor should be allowed an opportunity to make representations.

Criteria: At least a superintendent must authorise, they must have reasonable ground for believing detention is necessary to secure or preserve evidence or obtain evidence, the offence is indictable, and the investigation is being conducted diligently and expeditiously.

Question 15

How can the police detain beyond 36 hours?

Answer 15

Apply to the Magistrates Court for a warrant of further detention. Further 36 hours on first application and 36 hours on second application. (up to 96 hours).

Question 16

Which are the continuing rights of a detained person?

Answer 16

The right to consult with a solicitor and access free legal advice.
The right to have someone informed of their arrest.
The right to consult the Codes of Practice.

Question 17

When must a detained person be told of the right to free legal advice?

Answer 17

Before interview, before being asked to provide intimate sample, intimate drug search, ID parade or VIPER.

Question 18

How long can the right to consult a solicitor be delayed for?

Answer 18

Maximum 36 hours if the grounds for this are authorised.

Question 19

What criteria must be satisfied in order to delay the right to consult a solicitor? s58 PACE

Answer 19

Indictable offence.

Authority granted in writing by at least a superintendent.

The superintendent has reasonable grounds to believe that seeing a solicitor will lead to interference with or harm to evidence, others, the alerting of other people committing an indictable offence, or hinder the recovery of property obtained.

Authority may only be given if there are grounds to believe that the solicitor might pass on a message/act in a way that would lead to these consequences.

Question 20

What criteria must be met for the right to have someone informed of the arrest be delayed? s56 PACE

Answer 20

Indictable offence.

Authority to delay is granted in writing by at least an inspector.

Inspector has reasonable grounds to believe that exercise will lead to interference with or harm to evidence or others, alerting of people committing an indictable offence, or hinder the recovery of property obtained in consequence of the commission of indictable offence.

Max 36 hours delay.

Question 21

Who has the right to an appropriate adult?

Answer 21

Someone who is or appears to be under 18, someone who appears mentally disordered, or who a police officer has been told in good Fatih is mentally disordered or vulnerable.

Question 22

Who can act as an appropriate adult?

Answer 22

A parent or guardian, social worker.
Failing this, anyone over 18 who is not a police officer or employee.

Question 23

Who cannot act as an appropriate adult?

Answer 23

Someone suspected of involvement, the victim or a witness, someone involved in the investigation, someone who has received admissions from the person detained, someone of low IQ, an estranged parent who the juvenile objects to.

Question 24

What is the role of the appropriate adult?

Answer 24

Ensure the detained person understands what is happening, support and advise, observe the police and intervene if not acting fairly, assist in communication, ensure rights are understood and protected.

Question 25

What are the police rankings?

Answer 25

1. Constable.
2. Sergeant.
3. Inspector.
4. Chief Inspector.
5. Superintendent.
6. Chief Superintendent.

Question 26

Is there a general right to disclosure to the defence solicitor?

Answer 26

No, except for a significant statement and the custody record.

The solicitor should be given sufficient information to enable them to understand the nature of any such offence and why the client is suspected of committing it.

Question 27

What is a significant statement?

Answer 27

One that appears to be capable of being used in evidence, and in particular, any direct admission of guilt.

Question 28

Are interviews recorded?

Answer 28

Generally all should be recorded. Indictable interviews under caution should be audio recorded.

It can be recorded in writing for minor offences, or if the person has not been arrested or the interview is at a place other that a police station.

Question 29

What are the requirements for fitness to interview?

Answer 29

Should not be interviewed if unable to appreciate the significance of the questions, or understand what is happening due to drink, drugs, illness.

Superintendent can authorise an interview in these circumstances.

Question 30

When during an interview should a solicitor consider intervening?

Answer 30

Information is referred to or produced that was not disclosed before the interview.

Clarification is required.

Inappropriate questioning or behaviour.

Further advice to client is needed.

A break is required.

Question 31

What would entail inappropriate questioning?

Answer 31

Misrepresenting information, hypothetical questions, repetitive questioning, disruptive listening.

Question 32

Overall, when can confessions or evidence in interview be excluded?

Answer 32

s76(2): Confession can be excluded due to oppression or unreliability.

s78: Evidence upon which the prosecution seeks to rely can be excluded if it would have such an adverse impact on the fairness of proceedings.

Question 33

What does ‘active defence’ include?

Answer 33

Obtaining as much information as possible from the police, advising the client fully, advising on issues which arise during the investigation, attending and advising during the interview.

TAKE NOTES

Question 34

Should someone under the influence of drugs or alcohol be treated as a vulnerable suspect?

Answer 34

Generally no.

Question 35

What options does the client have in the police interview?

Answer 35

Answer questions, do not answer (no comment), provide a written statement and no comment.

Question 36

In essence, what is a section 34 adverse inference?

Answer 36

Allows for an inference to be drawn by the jury or magistrates in circumstances where the defendant later relied on a fact in their defence that was not offered at the time of questioning.

Question 37

What are the conditions for drawing a section 34 adverse inference?

Answer 37

The suspect must be cautioned - if not, no inference can be drawn.

It must have been reasonable to have mentioned the fact at the time, bearing in mind all the circumstances existing at the time.

Question 38

What are the s 36 and s 37 adverse inferences that can be drawn?

Answer 38

s36 is based on failure to account for an object, substance, or mark found on them at the time of their arrest.

s37 is based on their failure to account for their presence on arrest at a particular place.

It is not a requirement that there is a failure to mention something later relied on at trial.

The suspect should be given a special warning explaining what offence is being investigated, the fact they need to account for, that this may be due to them taking part in the commission of the offence, that the court may draw a proper inference, a record is being made of the interview and it may be given in evidence.

Question 39

What are the safeguards for adverse inferences?

Answer 39

s38: No defendant can be convicted solely based on an adverse inference.

No adverse inference can be drawn where the suspect has not been allowed access to legal advice.

Adverse inferences are only relevant if the defendant has a trial.

Question 40

What are the formalities before a video identification procedure?

Answer 40

Record should be made of the description of the suspect as first given by the eyewitness, and a copy of the record given to their solicitor before any ID procedures are carried out. A notice to be given to the suspect explaining the purpose of the procedure, their entitlement to free legal advice, the procedures for holding it, that they do not have to consent to or cooperate in the procedure, that if they do not consent to or cooperate in the procedure their refusal may be given in evidence in any subsequent trial and police may proceed covertly without their consent of make other arrangements.

Question 41

How many individuals should be in the VIPER clips?

Answer 41

At least eight others.

Question 42

Can the suspect or their solicitor see the set of VIPER videos before it is shown to eyewitness?

Answer 42

Yes. If they have a reasonable objection they will be asked to state the reasons for objection.

Question 43

Can the suspects solicitor view the VIPER with the witness?

Answer 43

Only on request and with the prior agreement of the identification officer.

Question 44

Should the VIPER procedure be recorded?

Answer 44

Yes - should show all persons present and what the eyewitness other individuals present say.

Question 45

Can group identifications take place without the suspect’s consent?

Answer 45

Yes.

Question 46

The police are called to a supermarket where staff have witnessed a man shoplifting. He is arrested for theft and taken to the police station where his detention is authorised by the Custody Officer. The man’s solicitor arrives at the police station and he asks her how long he can be held in custody.

Which of the following most accurately explains how long the man can be held in custody?

A: You can be kept in custody up to 24 hours from your arrival at the police station. If the Investigating Officer requires further time his next step will be to make an application to the magistrates’ court.

B: You can be kept in custody for up to 24 hours from your arrival at the police station. You must be charged or released before that time.

C: You can be kept in custody for up to 24 hours from your arrest. You must be charged or released before that time.

D: You can be kept in custody for up to 24 hours from your arrival at the police station after which you will be charged.

E: You can be kept in custody for up to 24 hours from your arrival at the police station. If the Investigating Officer requires further time to prepare for interview then he can extend detention for a further period of 12 hours.

Answer 46

C

Question 47

A suspect was arrested on suspicion of murder (an indictable only offence). Before the 24 hour time limit on detention has expired, a superintendent properly authorised continued detention for a further 12 hours. However, the investigating officer still requires additional time to diligently and expeditiously complete enquiries.

Which of the following best explains the next step the investigating officer should take?

A: The investigating officer should seek authorisation from an inspector for a period of further detention. The maximum period they can apply for in this instance is an additional 12 hours.

B: The investigating officer should apply to the magistrates’ court for a warrant of further detention. The maximum period they can apply for in the first instance is an additional 36 hours.

C: The investigating officer should seek further authorisation from a superintendent for a period of further detention. The maximum period they can apply for in this instance is an additional 12 hours.

D: The investigating officer should apply to the magistrates’ court for a warrant of further detention. The maximum period they can apply for in the first instance is an additional 12 hours.

E: The investigating officer should apply to the magistrates’ court for a warrant of further detention. The maximum period they can apply for in the first instance is an additional 24 hours.

Answer 47

B

Question 48

A woman is arrested for fraud (an indictable offence). At the police station she is informed of her right to independent legal advice by the Custody Officer, and she asks for her usual solicitor to be contacted. She is put in a cell and later the Investigating Officer comes to speak with her. He says that they are delaying her access to legal advice because they have reasonable grounds to believe that information will be passed from the solicitor to other individuals who are suspected of committing fraud but not yet arrested.

Which of the following statements best describes whether the woman’s access to legal advice can be delayed?

A: Her access to a legal advice can be delayed indefinitely with written authority from an officer of at least superintendent rank

B: Her access to legal advice can only be delayed with written authority from an officer of at least superintendent rank. She cannot be interviewed before access to legal advice takes place.

C: Her access to legal advice can only be delayed with written authority from an officer of at least inspector rank

D: Her access to legal advice can never be delayed

E: Her access to legal advice can be delayed with written authority from an officer of at least superintendent rank

Answer 48

E

Question 49

A woman is arrested at home in relation to a complex fraud. Her husband is present at home when she is arrested and is clearly upset. The arresting officer says, ‘You’d better confess to this, or I’ll be coming back here and will arrest your husband as well’. Her interview is carried out under caution and she makes a full confession.

Which of the following statements best describes how the woman could seek to exclude her confession?

A: She can make an application to exclude the confession for unreliability because of the threat to her husband and because of the adverse effect it would have on the fairness of proceedings.

B: She can make an application to exclude the confession for oppression and because of the adverse effect it would have on the fairness of proceedings.

C: She cannot make an application to exclude the confession because of the adverse effect it would have on the fairness of proceedings, as section 78 Police and Criminal Evidence Act 1984 does not deal specifically with confession evidence.

D: She cannot make any application to exclude her confession as her interview is carried out under caution.

E: She can make an application to exclude the confession because of the adverse effect it would have on the fairness of proceedings.

Answer 49

A

Question 50

A 15 year old boy is involved in a fight outside his school. His mother is present during the fight as she had arranged to meet the boy from school. She splits up the fight and then stays with her son while the police are called. He is arrested for assault occasioning actual bodily harm and taken to the police station. His mother attends the police station as well, where she is informed that her son requires an appropriate adult. The police station is familiar to her as she has been arrested herself on numerous occasions. The boy’s mother cannot act as an appropriate adult.

Which of the following best explains why she cannot act as an appropriate adult?

A: She is a witness to the offence

B: She is not a solicitor

C: She has previous convictions

D: She is his mother

E: She does not have a duty of confidentiality to her son

Answer 50

A

Question 51

Your client has been arrested for attacking her ex-partner. Neighbours had heard shouting from inside her partner’s house and the police had arrested her on the street just outside the house. She was found to have a metal bar in her bag.

In interview she refused to answer questions, but was later charged with grievous bodily harm contrary to section 20 Offences Against the Person Act 1861.

Which of these statements best sets out the situation regarding the adverse inferences a court may draw?

A: A court could draw an adverse inference for her failure to account for her presence outside her partner’s house but not the metal bar as that was in her bag.

B: A court could draw adverse inferences if she was given a special warning and then later relies on something she failed to mention in interview.

C: A court could draw an adverse inference for her failure to account for having a metal bar in her possession but not for her presence as she was outside the house.

D: A court could draw adverse inferences for her failure to account for her presence outside her partner’s house and for her failure to account for having a metal bar in her possession, if she later relies on that information at trial.

E: A court could draw adverse inferences for her failure to account for her presence outside her partner’s house and for her failure to account for having a metal bar in her possession.

Answer 51

E

Question 52

A man has been arrested on suspicion of committing a battery on his girlfriend. He would like his friend to be informed of his arrest.

Which of following statements correctly describes his right to have someone informed of his arrest?

a) He only has a right to inform a relative or a person interested in his welfare.

b) The right to have his friend informed of his arrest can be delayed by a custody officer.

c) The right to have his friend informed of his arrest can be delayed for a maximum of 36 hours.

d) The right to have his flatmate informed of his arrest cannot be delayed.

e) The right to have his friend informed of his arrest can only be delayed if there are reasonable grounds for believing that it will lead to the interference or harm of evidence or any person.

Answer 52

D: A delay can only be authorised for an indictable offence. Battery is a summary-only offence.

Question 53

A 16-year-old boy has been arrested on suspicion of robbery. He has advised the custody officer that he is currently on medication for anxiety. The police have requested the attendance of an appropriate adult and they have asked him whether he wishes to consult with a solicitor.

Which of the following statements correctly describe his right to legal advice?

a) The police should only contact a solicitor on the request of an appropriate adult. incorrect

b) An appropriate adult can consult with a solicitor and provide him with legal advice. incorrect

c) He can be forced to consult with a solicitor. incorrect

d) If the boy refuses legal advice, an appropriate adult is unable to request for a solicitor to attend the police station. incorrect

e) He can have a consultation with his solicitor before the appropriate adult arrives at the police station. correct

Answer 53

E: A juvenile (or someone who is mentally disordered or otherwise mentally vulnerable) who requests legal advice should not have that right delayed until an appropriate adult arrives.

Question 54

A man has been arrested on suspicion of robbery. He along with four others were part of a joint enterprise to steal £10,000 from a post office. He acted as the lookout and is the only suspect who has been arrested. The other suspects do not know of his arrest and the police have not recovered the £10,000. The man initially declined access to legal advice but part way through the police interview he changed his mind and informed the interviewing officer.

Which of the following statements best describes the man’s right to legal advice?

a) The interview can continue and he can consult with a solicitor once the officer has finished asking his questions.

b) The interview must be stopped even if the interviewing officer believes there are grounds to delay his access to legal advice.

c) The interviewing officer is likely to obtain authorisation from the custody officer to delay his access to legal advice.

d) The reasons for delaying access to legal advice must be in writing and handed to him.

e) His access to a solicitor could be delayed for up to 24 hours given the seriousness of the offence.

Answer 54

B: Even if there are grounds for delaying access to legal advice, the interview must be stopped. Decision to delay access to a solicitor needs to be made by a superintendent or above.

Question 55

A woman has been arrested on suspicion of committing a burglary. On her arrival at the police station she asked to speak to a solicitor, but after spending an hour in the police cells, she changed her mind about wanting legal advice. An inspector spoke to her to ascertain the reasons for her change of mind.

Before she is interviewed, which of the following statements best describes the actions that the inspector needs to take?

a) Make sure her reasons are recorded on the custody record.

b) Make sure her reasons are recorded on the custody record, contact her solicitor and remind her about the right to legal advice at the start of the interview.

c) Make sure her reasons are recorded on the custody record and contact her solicitor.

d) Make sure her reasons are recorded on the custody record, contact her solicitor and provide authority in writing for the interview to proceed.

e) Nothing, it is the custody officer who has other responsibilities.

Answer 55

D.

Question 56

A woman has been arrested at 11 am on suspicion of aggravated criminal damage. She arrived at the police station at 11.30 am and the police station was extremely busy so her detention was not authorised by the custody officer until 12.10 pm. At 1 pm a man attended the same police station voluntarily to answer questions about his suspected involvement in an offence of theft. His interview began at 1.15 pm and concluded at 1.35 pm. At 1.40 pm he was arrested.

Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?

a) 11 am for the woman and 1.40 pm for the man.

b) 11.30 am for the woman and 1.40 pm for the man.

c) 11.30 am for the woman and 1 pm for the man.

d) 12.10 pm for the woman and 1.15 pm for the man.

e) 11 am for the woman and 1.15 pm for the man.

Answer 56

B: When an individual arrives at a police station under arrest, their detention begins at that point. Attending voluntarily, their period of detention does not begin until they have been arrested.

Question 57

A man was arrested at 5 pm on suspicion of theft. It is alleged that he befriended his elderly neighbour and dishonestly obtained £5,000 from him. The police searched his home when he was arrested and accessed his bank accounts, but found no trace of the money. The man provided a ‘no comment’ interview. Desperate for evidence, the police conducted a second search of his home, this time finding £4,500 in cash under the floorboards in the man’s bathroom. The search finished at 4 pm the next day and the police would like to interview him about this new evidence.

Which of the following statements best describes whether the police can extend the man’s detention period?

a) An extension can only be granted by a magistrates’ court.

b) An extension cannot be granted as he has not been arrested for an indictable offence.

c) An extension can only be granted to secure or preserve evidence.

d) An extension can be granted by a superintendent.

e) An extension cannot be granted because the investigation was not carried out diligently and expeditiously.

Answer 57

D: Extending a suspects detention period to a maximum of 36 hours can be authorised by a superintendent.

Question 59

A woman was arrested on suspicion of criminal damage, but granted street bail to attend at the police station two days later at 4 pm. The officer wanted to obtain statements from a number of witnesses before interviewing her. She arrived at the police station at 4 pm, the custody officer authorised her detention at 4.20 pm and the police interview started at 5 pm. A man was arrested at 5.30 pm on suspicion of burglary, he arrived at the police station at 5.50 pm and his detention was authorise at 6 pm. His interview started at 6.30 pm and concluded at 8 pm.

Which of the following statements accurately describes when the suspects’ maximum 24-hour periods of detention begin?

a) 4 pm for the woman and 5.50 pm for the man.

b) 4.20 pm for the woman and 5.50 pm for the man.

c) 4.20 pm for the woman and 5.30 pm for the man.

d) 4 pm for the woman and 5.30 pm for the man.

e) 4.20 pm for the woman and 6 pm for the man.

Answer 59

A: When a person attends a police station to answer street bail, their detention clock begins at this point. When an individual arrives at a police station under arrest, their detention begins at that point.

Question 60

A man arrested on suspicion of theft has been taken to the police station. The police will conduct an interview under caution regarding his alleged involvement in stealing two packets of crisps from a newsagent. The man is a financial advisor earning over £120,000 a year.

Which of the statements below correctly describes his eligibility to publicly funded legal advice at the police station?

a) He is only eligible for publicly funded legal advice by the duty solicitor.

b) He is only eligible for publicly funded legal advice over a telephone.

c) He is unlikely to be eligible for publicly funded legal advice given the minor nature of the offence.

d) He is not eligible for publicly funded legal representation because it is means-tested.

e) He is eligible for publicly funded legal advice over the phone and in person.

Answer 60

E

Question 61

A solicitor is called to advise a man in the police station following his arrest. On inspecting the custody record, the solicitor notes that the man was detained at 3:20 am and it is now 3:10 am the next day.

Which of the following could make the man’s continued detention past 3:20 am lawful?

a) The man is charged with an offence and remanded into police custody pending his first appearance at the magistrates’ court.

b) The man or the solicitor are given an opportunity to make representations about his continued detention.

c) Continued detention is authorised by a custody sergeant.

d) The investigating officer certifies that the investigation is being carried out diligently and expeditiously.

e) The investigating officer believes that it is necessary to detain the subject without charge to secure or preserve evidence.

Answer 61

A

Question 62

A woman is detained and interviewed at the police station. The custody officer determines that there is sufficient evidence to charge her with an offence of wounding but refers the case to the CPS for a charging decision.

Which of the following next steps is not permitted under the Police and Criminal Evidence Act 1984 (PACE 1984)?

a) The woman is detained in custody pending the decision to charge.

b) The woman is released on bail with the condition to report to the police station daily.

c) The woman is released on bail with the condition not to go within 500m of the building where the offence was committed.

d) The woman is released on bail with the condition that she resides at a specified bail hostel.

e) The woman is released on unconditional police bail.

Answer 62

D -Police bail under s37 of PACE 1984 cannot include the condition that the person resides at a bail hostel.