Preliminaries to prosecution Arrest Flashcards
Arrest
What does the element of arrest consider?
Police powers of arrest with and without a warrant.
What roles do community support officers perform?
They perform some functions of police officers, both administratively and practically.
What is a major part of the role of operational police officers?
To investigate crime and bring the perpetrators to justice.
What act contains most police powers for investigations?
Police and Criminal Evidence Act 1984 (‘PACE’).
List the ranks of uniformed officers from the most junior.
- Constable
- Sergeant
- Inspector
- Chief Inspector
- Superintendent
- Chief Superintendent
What does the term ‘Constable’ mean in PACE Act 1984?
Any police officer.
How many Codes of Practice are attached to the PACE Act 1984?
Eight Codes of Practice: A to H.
What does Code C of the Codes of Practice deal with?
Powers of arrest and detention.
Do breaches of the Codes of Practice render evidence inadmissible?
No, breaches do not render evidence inadmissible per se.
What must a police officer demonstrate to exercise arrest powers?
- Legal authority to exercise the power
- Lawful exercise of the power
What are the two tests for reasonable grounds?
- Subjective test
- Objective test
What mnemonic can be used to remember the components of an arrest?
PACE: Identify the Power, legal Authority, Criteria, and how to Exercise.
What constitutes an arrest?
Restraining the liberty of the person arrested.
What is the most important arrest power under PACE 1984?
s.24 allows for a constable to arrest a person without a warrant.
List the grounds for arrest under s.24 PACE 1984.
- About to commit an offence
- In the act of committing an offence
- Reasonable grounds for suspecting about to commit an offence
- Reasonable grounds for suspecting committing an offence
What are the reasons for arrest under s.24 PACE 1984?
- To ascertain the name of the person
- To ascertain the address of the person
- To prevent physical injury
- To protect a vulnerable person
- To allow prompt investigation
- To prevent prosecution hindrance
What is required for reasonable suspicion?
An objective basis for the suspicion based on facts, information, and/or intelligence.
What does the Magistrates’ Courts Act 1980, s.1 allow?
The magistrates’ court to issue an arrest warrant based on substantiated information.
What must a person be informed of at the time of arrest?
- That they are under arrest
- The ground for the arrest
What is the caution that must be given upon arrest?
‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’
What must be recorded by the arresting officer?
The nature and circumstances of the offence, reasons for arrest, giving of the caution, and anything said by the arrested person.
What does s.117 of PACE Act 1984 state about the use of force?
Officers may use reasonable force if necessary in the exercise of their powers.
What is the significance of excessive force during an arrest?
Use of excessive force does not render an arrest unlawful.
What is the focus of the element of detention?
Police powers of detention, including the role of the custody officer and detention time limits.
What is required for the legal authority to exercise the power of detention?
Demonstration of legal authority and lawful exercise of the power.
What is the exception for taking an arrested person to a police station?
If their presence is necessary to carry out immediate investigations.
What is the exception for a person’s presence at a place other than a police station during investigations?
Necessary investigations such as being searched, taken to premises being searched, or checking their alibi
These are situations where immediate action is required.
What is ‘street bail’?
Bail granted to attend a police station at a later date, with possible conditions attached
This allows individuals to avoid immediate detention.
What happens when a detainee arrives at the police station?
- They see the custody officer
- Informed of their rights
- Non-intimate samples taken
- May see a healthcare professional
- Can speak to a solicitor
- May be interviewed
- Possible outcomes include release, charge, or remand
What is the role of the custody officer?
- Handle and ensure the welfare of suspects
- Must be at least a sergeant
- Unrelated to the investigation process
What must the custody officer do upon arrival of a detainee?
- Explain the reason for arrest
- Authorise detention if justified
- Order release if grounds for detention cease to exist
What is included in the custody record?
- Reason for arrest
- Circumstances of the arrest
- Necessity of the arrest
- Comments made by the arrested person
What is the maximum period a suspect can be detained without charge?
24 hours from the relevant time
Relevant time usually starts when the suspect arrives at the police station.
Under what conditions can detention be extended beyond 24 hours?
- Authorised by an officer of at least superintendent rank
- Reasonable grounds for necessity to secure evidence
- The offence must be indictable
- Investigation conducted diligently
What is the maximum period of detention with a magistrates’ court warrant?
Up to a maximum of 96 hours after the relevant time
This applies after initial extensions up to 36 hours.
What are the rights of a detained person?
- Right to consult a solicitor
- Right to have someone informed of their arrest
- Right to consult the Codes of Practice
What does s.58 PACE guarantee?
The right to free and independent legal advice
This includes consulting with a solicitor in various ways.
When can the right to legal advice be delayed?
- In cases of indictable offences
- Written authority from a superintendent required
- Must have reasonable grounds for believing it will interfere with evidence or alert others
What is the purpose of the custody record?
To ensure all actions and communications regarding the detainee are documented
The solicitor can view this record for transparency.
What does s.56 PACE allow an arrested person to do?
Have a friend, relative, or other person informed of their arrest
This must be done as soon as practicable.
What are the criteria to delay the right to inform someone of the arrest?
- Detention for an indictable offence
- Written authority from an inspector
- Reasonable grounds for believing it will interfere with evidence or others
What is the first review time limit for a suspect’s detention?
Not more than six hours after detention was first authorised
Subsequent reviews occur every nine hours.
What must happen if legal advice is declined?
It should be noted on the custody record
The detainee can change their mind and seek advice later.
What authority is required to delay a suspect’s right to legal advice?
Written authority from a police officer of at least the rank of superintendent
This is a serious step that must be justified.
Who has the authority to delay the exercise of the right?
A police officer of at least the rank of inspector must grant the authority in writing
What are the reasonable grounds for delaying the exercise of rights?
- Interference with/harm to evidence connected with an indictable offence
- Interference with/harm to others
- Alerting of other people suspected of committing an indictable offence
- Hindering the recovery of property obtained in consequence of the commission of such an offence
Under what conditions can the right be delayed if the person has been detained for an indictable offence?
If they have benefited from their criminal conduct and might conceal property
Which section is easier to justify a delay under, s.56 or s.58?
s.56
What is the maximum duration for delaying the exercise of rights?
36 hours
What must happen once the search has been conducted or other suspects arrested?
The appointed person should be notified
Who must have an appropriate adult present at the police station?
Anyone under 18 or those suspected to be mentally disordered or vulnerable
Who can act as an appropriate adult for a young detainee?
- A parent
- A guardian
- A representative of the care authority or voluntary organisation
- A social worker
- Any person aged 18 or over who is not a police officer or police employee
Who can act as an appropriate adult for a mentally disordered or vulnerable detainee?
- A parent
- A guardian
- A relative
- Someone with experience in dealing with such persons
What are the criteria for who cannot act as an appropriate adult?
- Suspected of involvement in the offence
- The victim of, or a witness to, the offence
- Involved in the investigation
- Received admissions from the detained person before acting as appropriate adult
- Of low IQ and unable to appreciate the gravity of the situation
- An estranged parent whom the arrested juvenile objects to
What is the role of the appropriate adult?
- Ensure the detained person understands what is happening
- Support, advise and assist the detained person
- Observe police conduct and intervene if necessary
- Assist with communication between the detained person and police
- Ensure rights of the detained person are protected
What happens if a young or vulnerable detainee is interviewed without an appropriate adult?
It should not occur unless delay would lead to specific harms
What is required before a suspect is interviewed without an interpreter?
Authorization from an officer of the rank of superintendent or above
What are the conditions of detention according to COP C 8?
- No more than one detainee per cell
- Cells must be adequately heated, cleaned, and ventilated
- Bedding must be supplied
- Toilet and washing facilities must be made available
- Replacement clothing must be provided if detainee’s clothes are removed
- Two light meals and one main meal every twenty-four hours
What rights does a suspect have while detained by the police?
- Right to consult privately with a solicitor
- Right to have someone informed of their arrest
- Right to consult the Codes of Practice
What circumstances allow for authorization to delay rights?
Narrow circumstances as specified
What is the definition of an interview according to PACE Code C, para 11.1A?
An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences.
What must be done before interviewing a suspect?
The suspect must be cautioned.
What are the words of the caution that must be read to a suspect?
‘You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’
List the steps in the police station process after a person is arrested.
- See the custody officer for detention authorization
- Be informed of their rights
- Have non-intimate samples taken
- Possibly see a healthcare professional
- Speak to a legal representative
- Be interviewed
- May be released or charged
What are the ranks in the police hierarchy?
- Constable
- Sergeant
- Inspector
- Chief Inspector
- Superintendent
- Chief Superintendent
Who can be the Investigating Officer (IO)?
The IO can be a police officer of any rank.
Where should an interview be conducted?
At a police station or other authorized place of detention.
What are the exceptions for conducting an interview outside of a police station?
- Interference with evidence
- Harm to other persons
- Serious loss or damage to property
- Alerting other suspects
- Hindering recovery of property
What must be disclosed to the solicitor before an interview?
Sufficient information to understand the nature of the suspected offence and why the person is suspected.
What is a significant statement in the context of an interview?
A statement that appears to be capable of being used in evidence, particularly a direct admission of guilt.
What is the general rule regarding recording interviews?
All interviews must be contemporaneously recorded.
When can an interview be recorded in writing instead of audio?
When it relates to minor offences, the person has not been arrested, and it takes place outside of a police station.
What should not happen before interviewing a person unable to understand questions?
They should not be interviewed unless authorized by an officer of the rank of Superintendent.
What is the role of the solicitor at the police station?
To protect and advance the legal rights of their client.
What does active defence by a solicitor involve?
- Obtaining information from the police
- Advising the client fully
- Advising on issues during investigation
- Attending and advising during the interview
What is an inappropriate questioning technique during an interview?
Misrepresenting information.
What can lead to the exclusion of confession evidence under Section 76(2) PACE 1984?
- Oppression
- Unreliability
What does Section 78 PACE 1984 allow the court to do?
Exclude evidence that would adversely affect the fairness of proceedings.
True or False: A caution is necessary for questions solely to establish identity.
False.
Fill in the blank: An interview must be conducted under _______.
[caution]
What must a solicitor do if inappropriate questioning occurs?
Intervene to protect the client’s interests.
What is the role of a solicitor during a police investigation?
To actively protect and advance the legal rights and interests of their client through advising and intervening during police interviews.
This includes advising on whether to answer police questions and challenging improper questions.
What should a solicitor avoid during police interviews?
Confrontation with officers and being rushed; they should make notes of apparent breaches of PACE and/or the Codes of Practice.
Solicitors must maintain a comprehensive contemporaneous record.
What defines a ‘vulnerable’ client according to COP C 1.13(d)?
A person who may have difficulty understanding or communicating effectively about the implications of procedures connected with their arrest and detention due to a mental health condition or mental disorder.
This includes not understanding the significance of what they are told or questions they are asked.
What is the role of an appropriate adult when assisting a vulnerable suspect?
To ensure the detained person understands what is happening, support and advise them, observe police conduct, assist with communication, and ensure their rights are respected.
The appropriate adult can request a solicitor on behalf of the detained person.
Who cannot act as an appropriate adult?
- A solicitor attending for the suspect
- A person under 18 years old
- A police officer or police employee
- A person suspected of involvement in the offence
- The victim of or a witness to the offence
- A person involved in the investigation
- A person of low IQ unable to appreciate the gravity of the situation
- An estranged parent that an arrested youth specifically objects to.
These restrictions ensure the appropriate adult is impartial and capable.
What are the three options available to a suspect during a police interview?
- Answer questions
- Don’t answer questions (‘go no comment’)
- Provide a written statement and ‘go no comment’
Each option has different implications for the suspect’s case.
What is an adverse inference?
A common-sense conclusion that is adverse to the interests of a party in proceedings, often drawn when a suspect remains silent or fails to explain their involvement.
For example, if a suspect is found next to a body with a gun, an inference may be drawn that they committed the crime.
What should a solicitor consider regarding the admissibility of evidence before advising a client?
- Whether witnesses have provided written statements
- Whether witnesses are compellable
- If significant statements were unlawfully obtained
- Potential applications under s 78 of PACE 1984
Understanding admissibility helps in weighing the strength of the case.
What is a significant statement?
A statement capable of being used in evidence against the suspect, which the interviewing officer will address at the beginning of the interview.
This includes any earlier statements made in the presence of a police officer.
What is the risk of conducting mixed interviews?
It can confuse the suspect and may lead to adverse inferences being drawn by the court, as the transcript will show inconsistent responses.
Avoiding mixed interviews is crucial for maintaining the integrity of the suspect’s defense.
What are the factors a solicitor should consider when advising a client on whether to answer questions?
- Amount of disclosure
- Admissibility and strength of evidence
- Client’s account/instructions
- State of the client
- Significant statements
- Possible adverse inferences
Each factor plays a critical role in determining the best strategy for the client’s interview.
When can a vulnerable suspect be interviewed without an appropriate adult present?
In urgent situations where delaying the interview would significantly harm their physical or mental state or interfere with evidence, among other specified risks.
This requires a high-ranking officer’s approval.
What is the basic principle regarding a suspect’s right during a police interview?
Every suspect has a right to silence and is not obligated to answer questions.
This principle is grounded in the legal framework established by the Criminal Justice and Public Order Act 1994.
Under what conditions can a court draw inferences from a suspect’s silence at interview?
If certain statutory conditions are met, particularly under sections 34, 36, and 37 of the Criminal Justice and Public Order Act 1994.
These sections outline specific scenarios where inferences can be drawn based on a suspect’s failure to mention facts.
Define ‘adverse inference’.
An adverse inference is a common sense conclusion that is adverse to the interests of a party in proceedings.
For example, if a suspect is found with a gun next to a body, an inference may be drawn regarding their involvement.
What does Section 34 of the Criminal Justice and Public Order Act 1994 allow?
It allows for an inference to be drawn if the defendant later relies on a fact in their defense that was not offered during questioning.
The court has discretion whether to draw an inference.
What must a suspect be informed of before an inference can be drawn under Section 34?
The suspect must be cautioned regarding the consequences of not mentioning a fact they later rely on in court.
This caution is mandated by the Police and Criminal Evidence Act 1984 (PACE).
What does Section 36 of the Criminal Justice and Public Order Act 1994 address?
It addresses the failure of a suspect to account for a mark, object, or substance found on them at the time of arrest.
This could include failing to explain injuries or items in their possession.
What is the key requirement for drawing inferences under Sections 36 and 37?
The suspect must have been given a special warning regarding the inference that can be drawn from their failure to account.
This warning is outlined in PACE Code of Practice.
What safeguard does Section 38 of the Criminal Justice and Public Order Act 1994 provide?
No defendant may be convicted solely based on an adverse inference.
This ensures that additional evidence is required for a conviction.
True or False: An adverse inference can be drawn if a case does not go to trial.
False
Adverse inferences are only relevant if the defendant has a trial.
List three types of evidence that can establish a defendant’s guilt.
- DNA evidence
- Telephone evidence
- Fingerprint evidence
What is the role of visual identification in criminal trials?
It is a common method for proving that the defendant committed the crime through eyewitness accounts.
Eyewitness identification must be reliable to be admissible.
What constitutes visual identification evidence?
An eyewitness recognizing the suspect or expressing an ability to identify them based on prior knowledge or description.
It does not include vague descriptions or associations with places.
Why is eyewitness identification considered unreliable?
Honest witnesses can be mistaken, and a confident identification is not necessarily more reliable than a hesitant one.
This concern has led to procedural safeguards in identification practices.
What are the two main reasons for the introduction of PACE Code D?
- To protect innocent suspects from incorrect identification
- To make successful identifications as reliable as possible
What must happen if an eyewitness can identify a suspect?
An identification procedure must be held unless exceptions apply.
This is mandated by PACE Code D.
What types of identification procedures can be used if the suspect’s identity is known?
- Video identification
- Identification parade
- Group identification
What is the VIPER system used for?
It is used for video identification procedures to present the suspect among lookalikes for eyewitness identification.
VIPER stands for Video Identification Parade Electronic Recording.
What must be recorded during a video identification procedure?
- All persons present
- What the eyewitness says
- Instructions from the identification officer
What is required before conducting an identification parade?
The suspect must be given a reasonable opportunity to have a solicitor or friend present.
This ensures the suspect’s rights are protected during the procedure.
What must be arranged upon request during the video identification procedure?
The presence of the suspect and/or their solicitor
This is at the discretion of the investigating officer.
What is the rule regarding communication among eye-witnesses during identification?
Eye-witnesses are not able to communicate with each other.
What document contains the detailed arrangements for identification parades?
Code D Annex B.
What must a suspect be given during an identification parade?
A reasonable opportunity to have a solicitor or friend present.
Where can an identification parade take place?
In a normal room or one equipped with a screen.
How many people must an identification parade consist of?
At least eight people in addition to the suspect.
What characteristics should the members of the identification parade resemble?
Age, height, general appearance, and position in life.
What should be done if the suspect has an unusual physical feature?
Steps may be taken to conceal that feature on the suspect and other members.
What must be done immediately before a witness inspects the identification parade?
They must be told that the person they saw may or may not be present.
What type of identification may take place without the suspect’s consent?
Group identification.
Where should group identifications ideally take place?
In locations with people passing by or waiting around informally.
What should be done if practicable during a group identification?
A colour photograph or video of the general scene should be taken.
What is the process before an eye-witness confronts a suspect?
They must be informed that the person they saw may or may not be the suspect.
Where should the confrontation by an eye-witness typically take place?
In a police station.
What is the first issue for a trial judge regarding a breach of Code D?
To determine if a breach has occurred.
What can a defendant apply for if there has been a breach of Code D?
To exclude evidence obtained in breach of the code under s 78 PACE 1984.
Does a breach of Code D automatically lead to the exclusion of evidence?
No.
What must the trial judge determine regarding prejudice to the accused?
Whether there has been any significant prejudice.
What must the jury consider if evidence is admitted despite a breach of Code D?
Whether the breaches caused doubts about the safety of the identification.
What are the types of visual identification procedures?
- Video identification
- Identification parade
- Group identification
- Confrontation by an eye-witness.
What should generally be the last resort in identification procedures?
Covert procedures.
What is the purpose of a representation order in criminal proceedings?
To obtain public funding for a defendant’s defence.
Are all suspects entitled to free legal advice at the police station?
Yes, regardless of their means.
How is free legal advice accessed at the police station?
Through the Defence Solicitor Call Centre (DSCC).
What does a reference to a solicitor at the police station include?
Accredited representatives, including trainees, paralegals, or ex-police officers.
What are the two tests a defendant must pass to obtain a representation order?
- The means test
- The merits test (interests of justice test)
What is the eligibility threshold for public funding in the magistrates’ court based on weighted gross annual income?
- Eligible: £12,475 or less
- Ineligible: £22,325 or more
- Full means test required: between £12,475 and £22,325
What can applicants who fail the means test apply for?
An eligibility review or hardship review.
What is the combined capital and equity allowance in the Crown Court means test?
£30,000.
What are the three potential outcomes of the means test in the Crown Court?
- All costs must be paid
- Some costs must be paid
- No costs required
What is required for a defendant to pass the merits test?
Completion of form CRM14 to demonstrate interests of justice.
What are the criteria for automatically passing the interests of justice test?
- Charged with an indictable-only offence
- Either-way offence sent to the Crown Court
List three of the 10 propositions that support the interests of justice test.
- I will lose my liberty
- It is likely I will lose my livelihood
- I may not be able to understand the court proceedings
What must a solicitor do once a representation order is granted?
Prepare the case, including advocacy and routine communications.
What happens if a defendant fails the means test?
No right of appeal, but they can submit another form if circumstances change.
Who generally makes charging decisions in criminal cases?
Crown Prosecutors.
What powers does the Director of Public Prosecutions (DPP) have?
To take over prosecutions commenced by police or privately.
What is the most common way of commencing criminal proceedings?
Arrest and charge.
What are the three different forms of commencing criminal proceedings?
- Arrest and charge
- Written charge and requisition
- Laying an information
What is pre-charge police bail?
Imposed when there is insufficient evidence.
What is the purpose of the Code for Crown Prosecutors?
To ensure uniformity in charging decisions among Crown Prosecutors.
What must defendants provide to demonstrate they should be legally represented?
Information supporting the 10 propositions in the CRM14 application form.
Fill in the blank: A solicitor must complete the _______ process to attend the police station under a LAA contract.
accreditation
True or False: Defendants can instruct a solicitor privately if they do not qualify for public funding.
True
What happens if the defendant is acquitted after a trial?
They are free to go.
What is the most common way of commencing criminal proceedings?
Arrest and charge
This method involves formally charging a suspect after their arrest.
When can a charge be made after an arrest?
At the end of the detention period, after police bail, or during police bail while awaiting CPS decision
CPS stands for Crown Prosecution Service.
What are the circumstances under which pre-charge police bail can be imposed?
- Insufficient evidence to charge
- Sufficient evidence, but requires CPS decision
Relevant sections of PACE include ss 34(2), 34(5), 37(2), and 37(7)(a).
What does ‘released under investigation’ (RUI) mean?
A suspect not released on police bail but still under investigation
RUI indicates ongoing police inquiries.
What reform affected pre-charge bail?
Schedule 4 of Police, Crime, Sentencing and Courts (PCSC) Act 2022
This act introduced significant changes to police bail procedures.
What is a written charge and requisition?
A method of commencing proceedings by issuing a written charge and requiring attendance at court
This process is established under s.29 Criminal Justice Act (CJA) 2003.
Who can issue a written charge and requisition?
Relevant prosecutors, such as the Crown Prosecution Service and other state prosecutors
This excludes private individuals from initiating this process.
What must a written charge or information contain?
- Statement of the offence
- Reference to the statutory provision
- Sufficient particulars of the conduct
This ensures the accused understands the allegations.
What is required in a summons or requisition?
- Notice of when and where to attend court
- Specification of each offence
- Identification of the issuing court (for summons)
- Identification of the authority (for requisition)
These details are crucial for the accused’s compliance.
What is the statute of limitation for summary only offences?
Information must be laid or complaint made within six months of the alleged offence
This is specified under s.127(1) of the Magistrates’ Courts Act 1980.
Is there a time limit for charging indictable offences?
No time limit for charging the accused
This allows for flexibility in prosecuting serious crimes.
Who generally makes charging decisions?
Crown Prosecutors exercising the powers of the Director of Public Prosecutions
The police also have discretion for some summary offences.
What are the three ways of commencing criminal proceedings?
- Arrest and charge
- Written charge and requisition
- Laying an information
Each method has specific legal requirements and procedures.
What is the minimum rank required for a custody officer?
Sergeant
The custody officer is responsible for making detention decisions.
What are the grounds for detaining a suspect?
To secure and preserve evidence or to obtain evidence by way of questioning
This is essential for a thorough investigation.
What are the three fundamental rights of a detainee?
- To free and independent legal advice
- To have somebody notified of the arrest
- To consult with the Codes of Practice
What does PACE stand for?
Police and Criminal Evidence Act 1984
PACE regulates police powers and detainee rights.
Who can provide legal advice to a detainee?
Personal solicitor or duty solicitor
Duty solicitors are independent and not employed by the police.
What is the maximum time a suspect can be detained without charge initially?
24 hours
This can be extended under specific conditions.
What is the role of a senior police officer in delaying legal advice?
Authorize delay if the offence is indictable
Must be a superintendent with reasonable grounds.
True or False: A suspect has the right to make a telephone call to inform someone of their arrest.
False
The right is to have someone notified, not necessarily by telephone.
What is the role of the appropriate adult for a juvenile or vulnerable person?
To assist the detainee and ensure they understand the process
They can also request legal advice for the detainee.
What types of identification procedures can the police conduct?
- VIPER
- Parade
- Group identification
- Confrontation
What happens if there is a breach of PACE or the Codes of Practice?
Evidence may be excluded from a later trial under Section 78 PACE
This applies if procedures were not properly followed.
What are the two tests required to obtain a representation order for legal aid?
- Means test
- Merits test
Fill in the blank: An interview is defined as the questioning of a person about their _______ or suspected involvement in a criminal offence.
involvement
What must happen before a police interview begins?
The suspect must be cautioned
This informs them that their statements may be used as evidence.
What is the maximum extension period for detention beyond the initial 24 hours?
12 hours
This requires a superintendent’s approval.
What is the role of the custody sergeant during the detention process?
Decide on the necessity of detention and ensure rights are upheld
They oversee the detention and review process.
True or False: A suspect can be detained indefinitely without charge.
False
Detention is limited to a maximum of 96 hours with proper warrants.
What must be provided to suspects during their detention?
Food and drink
This is mandated by COP C.
What is the significance of the review process in detention?
To ensure grounds for detention still exist
Reviews must be conducted by someone of at least inspector rank.
What constitutes an interview in the context of police procedures?
A conversation where a police officer speaks to an individual about the possibility of their having committed a criminal offence.
What must a suspect be cautioned about during an interview?
That anything they say may become evidence against them.
Where should interviews take place?
In a police station.
What is required if the suspect has legal representation during an interview?
The solicitor will often attend the police station in readiness for the interview.
What is pre-interview disclosure?
Information obtained from the officer and reviewing the custody record, allowing the solicitor to understand why the client was arrested.
What does COP C 2.4 entitle solicitors to access?
The custody record.
What is the role of the solicitor during a police interview?
Supportive, reassuring, assess well-being, provide legal advice, discuss options.
What are the three possible ways a suspect can handle a police interview?
- Answer the questions asked
- Make no comment
- Hand in a prepared statement and make no further comment
What can happen if a suspect answers questions during an interview?
They may inadvertently strengthen the case against themselves.
What is the implication of remaining silent during an interview?
Inferences may be drawn at trial if the suspect disputes the case.
True or False: A court can convict someone solely based on their silence during an interview.
False.
What does Section 34 of the Criminal Justice and Public Order Act allow?
An inference to be drawn if a defendant relies on a fact in their defence that they did not mention when questioned.
What must be considered for a jury to determine whether it was reasonable for a suspect to remain silent?
Factors including reliance on legal advice.
What are Sections 36 and 37 related to?
Inferences from failing to account for an object, mark, substance, or presence at the scene of arrest.
What must an officer do before drawing inferences under Sections 36 and 37?
Give the suspect a special warning regarding the significance of the object or mark.
What is the consequence if a suspect fails to provide an explanation for possessing a suspicious object?
The court may draw an inference from their failure to account.
What happens to adverse inferences if a case does not go to trial?
They are irrelevant.
What is the solicitor’s responsibility regarding the interview process?
To protect their client’s rights and advise them.
Under what circumstances can a solicitor be removed from an interview?
Only authorized by a superintendent in very specific circumstances.
What should solicitors advise their clients about regarding samples or identification procedures?
Whether or not to provide samples or participate, as refusal could lead to inferences at trial.
What can the defence do if police procedures are allegedly not followed?
Make an application at court to have evidence excluded under Section 76 or Section 78.
