Rights of a suspect being detained by the police for questioning Flashcards
What are the 3 main rights that a suspect detained for questioning may have?
(1) Right to LEGAL ADVICE
(2) Right to have SOMEONE INFORMED ABOUT ARREST
(3) Right to APPROPRIATE ADULT present
A suspect has a RIGHT TO LEGAL ADVICE.
(1) Who must inform them of this right?
(2) If requested, when must this right be actioned?
(1) Custody officer (on arrival at police station)
(2) ‘As soon as possible’
What is the MAXIMUM amount of time the ‘Right to Legal Advice’ can be delayed for?
36 hours
The ‘Right to Legal Advice’ can be delayed for a maximum of 36 hours. What 3 conditions must be satisfied for this?
(1)
(2)
(3) (a) (b) (c) (d)
(1) INDICTALBE offence
(2) Authorised min SUPERINTENDENT
(3) Reasonable grounds to believe:
(a) Interfere / Harm EVIDENCE
(b) Cause PHYSICAL HARM
(c) ALERT OTHER PEOPLE (connected to offence)
(d) Harm RECOVERY OF PROPERTY
If part way through the interview the suspect asks for Legal Advice, what must be done?
Interview stopped immediately
For a vulnerable person who requests legal advice, must this be delayed until an Appropriate Adult arrives?
NO - can consult with solicitor before they arrive
If a suspect initially asks for legal advice and then changes their mind:
(1) Can the Interview still take place?
(2) Under what 3 conditions?
(1) YES
(2)
(a) SOLICITOR INFORMED
(b) RECORDED with reasons on CUSTODY RECORD
(c) Suspect CONFIRMS IN WRITING
What is the MAXIMUM amount of time the ‘Right to Have Someone Informed About Arrest’ can be delayed for?
36 hours
The ‘Right to Have Someone Informed About Arrest’ can be delayed for a maximum of 36 hours. What 3 conditions must be satisfied for this?
(1)
(2)
(3) (a) (b) (c) (d)
(1) INDICTALBE offence
(2) Authorised min INSPECTOR
(3) Reasonable grounds to believe:
(a) Interfere / Harm EVIDENCE
(b) Cause PHYSICAL HARM
(c) ALERT OTHER PEOPLE (connected to offence)
(d) Harm RECOVERY OF PROPERTY
What rank of Officer must approve a delay to the:
(1) Right to Legal Advice
(2) Right to Have Someone Informed about Arrest
(1) Superintendent
(2) Inspector
What are the 2 main groups of people who will have the ‘Right to APPROPRIATE ADULT present’?
(1) Juveniles (u18)
(2) Mental health condition / disorder
When a suspect requires an ‘Appropriate Adult’, what 2 actions should the POLICE take?
(1) IDENTIFY ‘Appropriate Adult’
(2) INFORM them of arrest
(3) REQUEST attend police station as soon as possible
In determining who can be an ‘Appropriate Adult’, who are the 5 main groups of people who CANNOT?
(1) Suspected Involvement (in Offence)
(2) Solicitor
(3) Witness
(4) Victim
(5) Police officer
(1) What is the GENERAL on who is the ‘Appropriate Adult’ for a JUVENILE?
(2) What is the Exception to this rule?
(1) Parents
(2) UNLESS ‘Estranged’ + Juvenile specifies NO
(1) What is the GENERAL RULE on whether a police Interview can occur without an ‘Appropriate Adult’ present?
(2) What is the EXCEPTION to this rule - 2 conditions?
(1) NO
(2) UNLESS
(a) Authorised min SUPERINTENDENT
(b) Reasonable grounds to believe:
(i) Interfere / Harm EVIDENCE
(ii) Cause PHYSICAL HARM
(iii) ALERT OTHER PEOPLE (connected to offence)
(iv) Harm RECOVERY OF PROPERTY
