Representing Clients at the Police Station

Question 1

Representing Clients at Station/Arrest

2 key elements required for lawful arrest

Answer 1

1. Involvement Criteria- involved or suspected of involvement or attempt of offence
2. Neccessity Test- reasonable grounds for believing an arrest is neccessary- an actual suspicion (subjective) and there were reasonable grounds for suspicion (objective)

Question 2

Representing Clients at Station/Arrest

Citizens Arrest

2 points

Answer 2

Indictable offence only
Neccessary and not practical for a constable to do it

Question 3

Representing Clients at Station/Arrest

Procedure of Arrest

2 points..

Answer 3

1. Suspect must be informed at time or as soon as practical
2. Suspect must be advised of right to remain silent unless impractical

Adverse inference from silence can only be drawn after legal advice

Question 4

Representing Clients at Station/Arrest

Stop and Search 2 stage test

Answer 4

1. Officer must have formed a genuine suspicion he will find object.
2. Suspicion must be reasonable.

Question 5

Representing Clients at Station/At Station

What are the time limits if suspect is bailed?

How long are they on bail for…

Answer 5

a) Initial Period 3 months
b) Further 3 months may be granted by inspector
c) Further extension granted only be MC

(Satisfied that Reasonable grounds to think guilty, Further investigation needed, investigation is diligent and release on bail is neccessary and proportionate)

Question 6

Representing Clients at Station/Detention

Detention without Charge Time Limits and Approvals

4 stages…

Answer 6

1. Initial Time Limit 24hrs
2. (if indictable offence only) extension of 12hrs
3. Extension of further 36 hours if warrant granted from MC
4. Extension of futher 24hrs if warrant granted from MC

Theoretical aggregate total of 96hrs
(24hrs for summary only)
(terrorism offences excluded)

Question 7

Representing Clients at Station/Detention

Detention without charge review periods

Answer 7

Review 1: 6hrs after detention authorised

Subsequent Reviews: 9hr intervals

TV and phone reviews are OK

Question 8

Representing Clients at Station/Charging

What offences can a) police and b) CPS charge?

Answer 8

Police: Any summary-only offence
Retail Theft (or attempted) if in MC
Either-Way offences if GPA and in MC

CPS: everything else.

Question 9

Representing Clients at Station/PACE 1984

PACE Codes

Answer 9

A) Stop and Search
B) Search of Premises/Seize property
C) Detention, Treatment and questioning by officers
D) ID of persons by Police Officers
E) Audio Recording of Interviews
F) Visual Recording of Interviews
G) Statutory Powers of Arrest
H) Detention, treatment and questioning under s41

Question 10

Representing Clients at Station/Authorisation

What Rank required to a) Delay legal advice to suspect and b) release suspect on bail before charge

Answer 10

a) Superintendent (24hrs)
b) Inspector