Rights of a suspect being detained by police for questioning Flashcards
Who has a right to free legal advice?
Right to free legal advice
All persons at the police station at any time during detention
How can the right to free legal advice be satisfied?
Right to free legal advice
By a phone call from Defence Solicitors Call Centre
How long can the right to legal adivce be delayed for?
Right to free legal advice
36 hours max
What conditions need to be met to delay the right to legal advice?
Right to free legal advice
- Suspect arrested on indictable or either way offence
- Superintendant authorises in writing
- Reasonable grounds to believe exercise of right will lead to interference with:
a) evidence
b) others
c) alerting other suspects
d) hindering recovery of property
Must police interviews be recorded?
Yes, min. audio.
Suspect shouldn’t be interviewed if unable to appreciate significance of Q&A or understand what’s happening due to intoxication / other condition
When can a solicitor provide legal advice to a suspect?
Right to free legal advice
Advise before interview and provide representation during an interview
What is a solicitor’s role during police interviews?
- Can advise client whether to answer or not
- Will inspect custody record (a log of suspect’s time in detention)
- Obtain disclosure from investigating officer before the interview
What duty do the police have when a solicitor obtains disclosure before a police interview?
No duty to disclose evidence but must give:
- Sufficient info to understand nature of offence; and
- Why detainee is under suspicion
When must a police caution be given?
At the start of the interview
What must a caution explain?
- Right to legal representation
- Right to remain silent and no obligation to answer questions
- Anything they do say can be used against them in trail
- If 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 an interview, an adverse inference can be drawn by the court
What happens if no proper caution is given before a police interview?
Evidence obtained in interview can be excluded from trial
What is a special caution?
Adverse inference may also be drawn if D failed to account for their presence at the scene, or an object, substance or mark found on D at time of arrest
How long can a right to inform someone of arrest be delayed up to?
36 hours max
What conditions must be met to delay the suspect’s right to inform someone of their arrest?
- Indictable / either way offence
- Authorised by **inspector **in writing
- Reasonable grounds to believe interference with:
a) evidence
b) others
c) alerting other suspects
d) hindering recovery of property
