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.