Procedure and processes at the police station

Question 1

Arrival at the police station - Being brought before the custody officer

Answer 1

A suspect who has been arrested must be brought before a custody officer in the custody suite on their arrival at the police station. Custody office = a police officer holding at least the rank of sergeant who should not be involved in the investigation of the offence for which the suspect has been arrested.

Question 2

Arrival at the police station - Initial steps for the custody officer

Answer 2

They’re responsible for opening and maintaining a custody report for each suspect who has been arrested and brought to the police station. It includes:
- Suspects name, address, telephone number, date of birth and occupation
- The offence for which they’ve been arrested
- Time of the arrest and arrival at the station
- Why the suspect’s ongoing detention has been authorised
- The time detention was authorised
- Confirmation that the suspect has been given details of the rights they may exercise whilst detained and whether they have requested legal advice

Question 3

Arrival at the police station - Search of the detained person

Answer 3

This is to find out what items of property a suspect has on their person and will make a record of these items. Items of clothing and personal effects may be seized only if the custody officer has reasonable grounds for believing that they may be evidence or if the custody officer believes that the suspect may use them:
- To cause physical injury to themselves or others
- To cause damage to property
- To interfere with evidence
- To assist them to escape

Question 4

Detention - The decision to detain a suspect

Answer 4

The custody officer must determine whether there is already sufficient evidence to charge the suspect with the offence for which they have been arrested. If there is such evidence the suspect should be charged straight away and either released on bail to appear before the magistrates’ court on a later date or remanded in police custody until they can be brought before the magistrates’ court

Question 5

Detention - Grounds for detention

Answer 5

If there is not sufficient evidence to charge a suspect immediately the suspect should be released either on bail or without bail unless:
a) The custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest
b) It is necessary to obtain such evidence by questioning

Question 6

Detention - Conditions of detention

Answer 6

1) The cell in which a suspect is held must be adequately heated, cleaned and ventilated and adequately lit
2) Any bedding supplied must be of a reasonable standard and clean
3) Must be provided with access to toilet and washing facilities
4) Must be offered at least two light meals and one main meal in any 24 hour period and drinks should be provided at mealtimes
5) Should be offered brief outdoor exercise daily
6) Should be visited every hour

Question 7

Detention - Rights of a suspect being detained by the police for questioning

Answer 7

Before the custody officer decides whether or not the suspect will be detained before charge the suspect must first be informed about their ongoing rights:
1) The right to have someone informed of the suspect’s arrest
2) The right for the suspect to consult privately with a solicitor
3) The right to consult the codes of practice
4) Be advised of their right to be informed about the offence and any further offences for which they are arrested

Question 8

Detention - Rights of a suspect being detained by the police for questioning - Right to legal advice

Answer 8

Right to receive free and independent legal advice. If they make a request they should be allowed to consult a solicitor as soon as practicable. At any time they can consult a solicitor. At no time should a police officer do or say anything with the intention of dissuading a person from obtaining legal advice. Any delay of this right can only be authorised by an officer of at least the rank of superintendent and only where it is for an indictable offence. Can be for a max. of 36 hours. Can only be authorised if the officer has reasonable grounds for believing that the exercise of this right at the time will:
- Lead to interference with or harm to evidence
- Lead to the altering of other persons suspected of having committed such an offence
- Hinder recovery of any property obtained

Question 9

Detention - Rights of a suspect being detained by the police for questioning - Right to have someone informed of arrest

Answer 9

Entitled if they request to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare as soon as is practicable that he has been arrested. Police may also exercise this in certain situations. Must be authorised by an officer of at least the rank of inspector and can only for an indictable offence. Max. of 36 hours

Question 10

Detention - Detention time limits - The detention clock

Answer 10

A person shall not be kept in police detention for more than 24 hours without being charged. 24 hour period begins from the relevant time.

Question 11

Detention - Detention time limits - The detention clock - Definition of relevant time

Answer 11

Relevant time is determined as:
- In the case of a person attending voluntarily who is then arrested - at the time of their arrest
- In the case of a person who attend the police station to answer ‘street bail’ the time when they arrive at the station
- In the case of a suspect who has been arrested away from the police station - generally the time when the suspect arrives at the 1st station they are taken after their arrest

Question 12

Detention - Detention time limits - The detention clock - Extending the time period

Answer 12

An officer of the rank of superintendent or above can increase this to 36 hours if they have reason to believe that:
- The detention without charge os necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest or obtain such evidence by questioning them
- The offence is an indictable offence
- The investigation is being carried out diligently and expeditiously

Question 13

Detention - Detention time limits - The detention clock - Magistrates extending the time limit

Answer 13

There can be cases where a further detention is warranted by the necessity to obtain or preserve evidence a magistrate may request up to 96 hours.

Question 14

Detention - Detention time limits - The review clock

Answer 14

A review officer who must be at least the rank of investigator and not involved in the case must review the circumstances of your detention after 6 hours and then every 9 hours

Question 15

Advising a client whether to answer police questions - Sources available to solicitor

Answer 15

3 sources available to a solicitor who attends the police station to represent a suspect:
1) The custody officer
2) The investigating officer
3) The client

Question 16

Advising a client whether to answer police questions - Sources available to solicitor - Custody officer

Answer 16

Solicitor needs to get the following details from the custody officer:
- The alleged offence
- Time at which the custody officer authorised the client’s detention and reason for authorisation
- Any sig. comments made by the client whilst at the police station
- Any samples, fingerprints or impressions of footwear
- Any identification procedure
- Any interview which may have already taking place
- Whether client has a physical/mental disbality
- Any illness
- Any items found on client
- If they’ve already been at the station for 6+ hours

Question 17

Advising a client whether to answer police questions - Sources available to solicitor - Investigating officer

Answer 17

Purpose is to obtain the following information:
- Disclosure - what the client is alleged to have done which constitutes a criminal offence - solicitor should push the officer to disclose as much information as possible
- Sig. statements and/or silence
- The next steps the investigation officer proposes to take

Question 18

Advising a client whether to answer police questions - Sources available to solicitor - The client

Answer 18

Need to discuss their identity and role with the client. Must tell the client that anything they are told by the client will remain confidential although the solicitor is bound by certain rules of professional conduct. Should give the client details of what they have been told by the investigating officer about the offence. Should advise client about the substantive law. Should get their client’s version of events and advise the client as to what the police will need to prove in order to obtain a conviction for the offence.

Question 19

Advising a client whether to answer police questions - Steps to prepare a client for an interview

Answer 19

• Advise the client on whether or not to answer questions put to them in the interview
• Preparing a written statement on the client’s behalf if the client is to give a ‘no comment’ interview but hand the statement to the police so that their defence is put ‘on record’
• Advise the client how the interview will be conducted by the police
• Advise the client what role the solicitor will play in the interview

Question 20

Advising a client whether to answer police questions - Options for a client in an interview

Answer 20

1) To answer all the questions put to them
2) To give a no comment interview
3) Selective silence where the client answers some questions but not others
4) To give a no comment interview but either during the interview or before being charged hand a written statement to the police setting out facts the client will rely upon in their defence at trial - good option to avoid adverse inference being drawn at trial

Question 21

Steps for an investigating officer to preserve or obtain evidence

Answer 21

The steps that an investigating officer can take to secure, preserve or obtain evidence whilst the suspect is detained will involve one or more of the following:
- Carrying out an audibly recorded interview with the suspect about the suspect’s alleged involvement in the offence
- Arranging for an identification procedure to be conducted
- Taking fingerprints from the suspect
- Taking samples from the suspect

Question 22

Code D - Identification procedures - Identification of a suspect by an eye-witness

Answer 22

Arises when a witness who has seen the offender committing the crime is given an opportunity to identify a person

Question 23

Code D - Identification procedures - Cases when the suspect’s identity is not known

Answer 23

Showing photographs - only one eye-witness at a time may be shown photographs at a time and they must be shown at least 12 photographs at a time which should be all of a similar type

Question 24

Code D - Identification procedures - Cases when the suspect is known and available

Answer 24

1) Where an eye-witness has identified or purported to have identified a suspect
2) The eye witness has not been given an opportunity to identify the suspect in a video or group identification or identification parade
3) The suspect disputes being the person the witness claims to have seen committing an offence.
If these are satisfied then an identification procedure must be held.

Question 25

Turnbull guidelines - Identification procedures

Answer 25

For judges when visual identification evidence is contested.
1) When a case depends wholly or substantially on the correctness of one or more identifications of the accused which the defence claims are mistaken the judge should warn the jury of the special need for caution
2) The judge should direct the jury to examine closely the circumstances in which the identification came to be made

Question 26

Procedure for interviewing a suspect under PACE - Requirements of codes C and E

Answer 26

• Interviews which take place in the police station must comply with requirements in Codes C and E
• Codes E provides detailed guidance as to the procedure that needs to be followed in such interview - usually recorded and sealed in the presence of the suspect and this will only be opened at trial

Question 27

Procedure for interviewing a suspect under PACE - General rule regarding legal advice

Answer 27

In general a suspect who requires legal advice should not be interviewed until such advice has been received.

Question 28

Procedure for interviewing a suspect under PACE - Procedure for the interview

Answer 28

At the start of the interview the police officer conducting the interview will caution the suspect. After cautioning the officer must also remind the suspect that they are entitled to free and independent legal advice. The officer must then put to the suspect ‘any sig. statement or silence which occurred in the presence and hearing of a police officer before the start of the interview’ the interviewing officer must ask the suspect whether they confirm nor deny.

Question 29

Procedure for interviewing a suspect under PACE - Limitations under Code C for how the interview is conducted

Answer 29

The way in which the interviewing officer may conduct the interview is subject to limitiations - no interviewer may try to obtain answers or elicit a statement by the use of oppression. Oppression might occur if the interviewing officer:
- Raises their voice or shouts at the suspect
- Makes threatening gestures towards the suspect
- Leans towards the suspect so that they’re in the suspect’s face
- Stands over or behind the suspect
- Threatens to detain the suspect indefinitely unless they make a confession

Question 30

Procedure for interviewing a suspect under PACE - Explaining to the client the procedure to be followed

Answer 30

The solicitor needs to explain to the client the procedure to be followed in the audibly recorded interview and to warn the client about the tactics the police are likely to adopt in an attempt to get them to answer questions if they give a ‘no comment’ interview.

Question 31

When will a solicitor be asked to leave the interview?

Answer 31

A solicitor will be asked to leave if their approach or conduct prevents or unreasonably obstructs proper Qs being put to the suspect or the suspect’s response being recorded. The interviewer will stop the interview and consult an officer of at least the rank of superintendent - they then have to decide if this interview will continue or not in your presence

Question 32

Representing vulnerable clients - Categories of vulnerable clients

Answer 32

1) Juveniles - aged between 10-17
2) Mental health condition or disorder
3) Suspects who are deaf, unable to speak or blind
4) Suspects who cannot speak or understand English

Question 33

Representing vulnerable clients - Person responsible for the juveniles’ welfare

Answer 33

If a juvenile has been arrested the custody officer must if practicable find out the person responsible for their welfare. That person must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are being detained - this cannot be delayed

Question 34

Representing vulnerable clients - The appropriate adult - Definition

Answer 34

The appropriate adult is a person who attends the police station to provide support and assistance to a juvenile.

Question 35

Representing vulnerable clients - The appropriate adult - Hierarchical order

Answer 35

There is a hierarchical order the police should follow when contacting an appropriate adult for a juvenile:
1) The police should initially attempt to contact the juvenile’s parent/guardian to act as an appropriate adult
2) If no one is available the police should then ask a social worker from the local authority to act
3) If a social worker is not available the police should finally contact another responsible adult who is aged 18+ and not connected to the police

Question 36

Representing vulnerable clients - The appropriate adult - Who should not be an appropriate adult

Answer 36

1) A solicitor
2) Police officers or persons employed by the police
3) An interested party such as the victim of the offence, another suspect, a potential witness or anyone else involved in the investigation
4) A person such as a parent or social worker to whom the juvenile has made admissions prior to that person being asked to attend the police station to fulfil the role of an appropriate adult
5) An estranged parent

Question 37

Representing vulnerable clients - The appropriate adult - Key roles and responsibilities

Answer 37

• To support, advise and assist the suspect, particularly when the suspect is being questioned
• To ensure that the suspect understands their rights whilst at the police station and the role played by the appropriate adult in protecting those rights
• To observe whether the police are acting properly, fairly and with respect for the rights of the suspect
• To assist with communication between the suspect and the police

Question 38

Interviewing vulnerable suspects

Answer 38

If a juvenile or suspect with a mental health condition/disorder is cautioned in the absence of the appropriate adult this caution must be repeated in the appropriate adult’s presence. They must not normally be interviewed or asked to provide or sign a written statement under caution or record or interview in the absence of the appropriate adult. When an appropriate adult is present in an interview they must be informed by the interviewing officer that they are not there simply to act as an observer and that the purpose of their presence in the interview is to:
- Advise the person being interviewed
- Observe whether the interview is being conducted properly and fairly
- Facilitate communication with the person being interviewed

Question 39

Juveniles - Identification procedures

Answer 39

Must comply with Code D. If juvenile is 14+ the consent must be obtained both from the juvenile and their parent/guardain. If the juvenile is under 14 consent must be obtained from their parent/guardian

Question 40

Is the solicitor entitled to a copy of the custody record at this stage of the investigation?

Answer 40

No at this stage (pre-charge stage) the custody officer is only required to allow the solicitor to inspect the custody record and detention log. A legal representative/appropriate adult to request copy of custody record when detainee leaves police station or is taken before the court

Question 41

Pre-charge stage - does the investigating officer have to provide disclosure before the client’s interview?

Answer 41

The requirement is to give the solicitor the sufficient information to enable them to understand the nature of any such offence and why the client is suspected of committing it

Question 42

Interviews - Adverse inference

Answer 42

Staying silent in the interview, not explaining something found or a mark on the body, not saying where you were at a specific time/place

Question 43

Changing your mind about having a solicitor

Answer 43

Written authority is needed by an officer not below the rank of inspector