Procedure and processes at the police station Flashcards

1
Q

What are two rights of a suspect being detained by the police for questioning?

A

Right to legal advice
Right to have someone informed of arrest

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2
Q

What is the right to legal advice?

A

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.

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3
Q

Access to legal advice can be delayed if all of the following what are true?

A
  • 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.
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4
Q

What’s the maximum access to legal advice or right to have someone informed of arrest can be delayed?

A

Up to 36 hours at the most

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5
Q

What is the different criteria for delaying right to have someone informed of arrest compared to right to legal advice?

A

Approval can be from lower ranked officer of inspector or above.

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6
Q

What are basic detention time limits under PACE 1984, Code C?

A

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.

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7
Q

What is the relevant time in detention time limits under PACE 1984, Code C?

A

Generally the time the suspect entered the police station

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8
Q

When and by how much can detention time limits under PACE 1984, Code C be extended?

A

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

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9
Q

How and when can detention time limits under PACE 1984, Code C be extended even further by warrant?

A

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.

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10
Q

What is the total absolute maximum time suspect can be held without being charged or released?

A

96 hours

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11
Q

When must an identification procedure be held?

A
  • 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
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12
Q

What are the 4 types of identification procedure?

A

Video identification
Identification parade
Group identification
Confrontation

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13
Q

What happens in video identification procedure?

A

Moving images of suspect and at least 8 others are shown. Others must be similar in appearance and distinguishing features must be concealed.

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14
Q

What happens in identification parade?

A

Suspect and at least 8 others who resemble the suspect appear in a line.

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15
Q

What happens in group identification?

A

Witness sees suspect in an informal group with or without the suspect’s consent.

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16
Q

What happens in confrontation identification procedure?

A

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?”

17
Q

For all types but the group ID what must the witness be warned?

A

That the suspect might not be shown at all.

18
Q

What is the procedure for carrying out an identification procedure PACE 1984, Code D?

A

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.

19
Q

What happens if suspect does not cooperate with an identification procedure?

A

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.

20
Q

Under Code D there is a hierarchy of identification procedures, what does this state?

A

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.

21
Q

What do possible objections to identification procedure include?

A
  • 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.
22
Q

What is part of caution given before interview?

A
  • 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
23
Q

When can adverse inference be drawn?

A

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.

24
Q

What type of adverse inference may be drawn?

A

That the suspect made it up if the defendant didn’t raise this when questioned

25
Q

What evidence must be taken of interviews of suspects by police officers at the police station?

A

Must be recorded

26
Q

Failing to abide by rules for interviews and give required cautions can result in what?

A

Evidence obtained during the interview being excluded from trial.

27
Q

What mustn’t police offer in interview?

A

Inducements to confess such as promises that the suspect will get off with only a caution if they confess

28
Q

What must the custody officer decide after interview?

A

Whether to remand the suspect in custody or remand on bail.
Custody officer considers the same factors used in deciding the grant of court bail.

29
Q

What are suspects three options at interview?

A
  1. Answer questions and give a full account in the interview
  2. Decline to answer questions (no comment/remaining silent)
  3. Hand in written statement setting out their account and decline to answer any further questions.
30
Q

What are the rights to a solicitor for suspect?

A

Suspect is entitled to have a legal representative present during an interview and can request legal advice prior to an interview.

31
Q

What does suspect’s legal representative have a right to view?

A

The suspect’s custody record and to obtain sufficient information to enable the representative to understand the nature of the offence and the reason why the detainee is under suspicion, but police have no duty to disclose evidence at this time.

32
Q

What is a Solicitor’s role at the police station?

A

To protect and advance the legal rights of their client including protecting the suspect’s rights. Solicitor may intervene to seek clarification, challenge an improper question/manner of questioning, advise their client not to reply to particular questions or ask for the interview to be halted to give the suspect further legal advice. Cannot remove a solicitor for performing these functions.

33
Q

What counts as obstruction by a solicitor and what is the result?

A

If a solicitor obstructs an interview e.g. telling the client what to say or answering on the client’s behalf then can be removed by a superintendent. If solicitor removed for obstruction then the client is entitled to speak to another.

34
Q

If client informs solicitor that did commit the offence but intends to lie to the police, what must solicitor do?

A

Suspect cannot to solicitors knowledge lie to the police in interview. If does cannot act for them, nor can tell police reason why ceasing to act.
Would not be able to call client to give evidence at trial.

35
Q

Who should identify if suspect is vulnerable?

A

It’s the custody officer’s responsibility to identify such suspects

36
Q

What are vulnerable suspects entitled to?

A

Access an appropriate adult who should be present at questioning.

37
Q

Who gets additional safeguards?

A

Vulnerable suspects (includes people under 18 or with mental disorders).

38
Q

What happens if a suspect is vulnerable and an appropriate adult was not called in?

A

Any evidence obtained during the interview may be excluded

39
Q

Who can appropriate adult include?

A

Parent, guardian, representative from a care organisation not affiliated with the police.