Procedure and processes at the police station Flashcards
What are two rights of a suspect being detained by the police for questioning?
Right to legal advice
Right to have someone informed of arrest
What is the right to legal advice?
All people interviewed at the police station are entitled to free, private legal advice at any time during detention. A phone call from the Defence Solicitors Call Centre would satisfy this.
Access to legal advice can be delayed if all of the following what are true?
- The suspect was arrested on an indictable only or either way charge
- A police officer with the rank superintendent or above has authorised the delay in writing
- The officer has reasonable grounds to believe that exercise of right to legal advice will lead to:
o Interference with evidence or others,
o Alerting other suspects, or
o Hindering the recovery of property related to the offence.
What’s the maximum access to legal advice or right to have someone informed of arrest can be delayed?
Up to 36 hours at the most
What is the different criteria for delaying right to have someone informed of arrest compared to right to legal advice?
Approval can be from lower ranked officer of inspector or above.
What are basic detention time limits under PACE 1984, Code C?
A suspect may be kept in custody without being charged only for 24 hours from the relevant time. So must be charged or released within 24 hours.
What is the relevant time in detention time limits under PACE 1984, Code C?
Generally the time the suspect entered the police station
When and by how much can detention time limits under PACE 1984, Code C be extended?
Period can be extended to 36 hours by an officer with rank of superintendent or higher if:
* Officer has reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning; and
* The investigation is being conducted diligently and expeditiously
How and when can detention time limits under PACE 1984, Code C be extended even further by warrant?
On application for a warrant, a Magistrates’ Court may authorise holding the suspect for a further 36 hours (total of 72 hours) and on second application an additional 24 hours.
Criteria same as first extension and the suspect must have been arrested on suspicion of an indictable only or other way offence.
What is the total absolute maximum time suspect can be held without being charged or released?
96 hours
When must an identification procedure be held?
- If a witness has identified or purported to identify a suspect,
- A witness expresses an ability to identify a suspect, or
- There is a reasonable chance of an eyewitness being able to identify a suspect
What are the 4 types of identification procedure?
Video identification
Identification parade
Group identification
Confrontation
What happens in video identification procedure?
Moving images of suspect and at least 8 others are shown. Others must be similar in appearance and distinguishing features must be concealed.
What happens in identification parade?
Suspect and at least 8 others who resemble the suspect appear in a line.
What happens in group identification?
Witness sees suspect in an informal group with or without the suspect’s consent.
What happens in confrontation identification procedure?
A one on one identification, the suspect should not be restrained at the time of the identification, the witness is asked “is this the person you saw on the earlier occasion?”
For all types but the group ID what must the witness be warned?
That the suspect might not be shown at all.
What is the procedure for carrying out an identification procedure PACE 1984, Code D?
Suspect has the right to have the procedure explained, is entitled to free legal advice relating to the identification procedure or to have a solicitor or friend present at the procedure.
What happens if suspect does not cooperate with an identification procedure?
Could hold one covertly and the failure to cooperate could be raised at trial. If the suspect changed their appearance this may also be raised at trial.
Under Code D there is a hierarchy of identification procedures, what does this state?
A suspect should initially be offered a video identification:
* unless this is not practicable; or
* an identification parade is both practicable and more suitable; or
* the officer in charge of the investigation considers that a group identification is more suitable and the identification officer considers it practical to arrange.
* Confrontations are the last resort.
What do possible objections to identification procedure include?
- Failure to take into account reasonable objections to the appearance of others in the identification procedure,
- Failure to keep the witness away from the suspect before or during the identification process,
- Failure to keep witnesses apart before or during the identification process,
- Failure to warn witnesses that the suspect might not be shown at all.
What is part of caution given before interview?
- They have a right to legal representation
- They have a right to remain silent and are under no obligation to answer questions
- That anything they say can be used against them at trial
- Failing to mention something later rely on in court can lead to adverse inference
When can adverse inference be drawn?
If suspect fails to mention something which they later rely on in court and it is a fact they could reasonably have been expected to mention in interview
If a defendant failed to account for their presence at the scene of the offence or an object, substance or mark found on the defendant at the time of arrest.
What type of adverse inference may be drawn?
That the suspect made it up if the defendant didn’t raise this when questioned
