Rights of the suspect in the Police Station

Question 1

What is the key legislation governing police powers and suspect rights in the UK?

Answer 1

Police and Criminal Evidence Act 1984 (PACE 1984)1

Question 2

What is the right to legal advice during police detention?

Answer 2

A detained suspect has the right to consult privately with a solicitor at any time. This advice is free, and police are obligated to contact the Defence Solicitor Call Centre even if the suspect requests a specific solicitor.

Question 3

Are there situations where the right to legal advice can be delayed?

Answer 3

Yes, but only under limited circumstances. Delays require authorization from a superintendent and can only occur if the suspect is arrested for an indictable offence and exercising the right might:
* Interfere with or harm evidence
* Lead to the alerting of other suspects
* Hinder the recovery of stolen property
The delay can last a maximum of 36 hours.

Question 4

Can a suspect’s access to legal advice ever be refused?

Answer 4

No. The right to legal advice is considered fundamental and cannot be refused

Question 5

What is the right to have someone informed of arrest?

Answer 5

Detained suspects can request one person (friend, relative, etc.) be notified of their arrest and detention.

Question 6

Can the right to have someone informed of arrest be delayed?

Answer 6

Yes, but only in cases involving indictable offenses and when there are reasonable grounds to believe that notification might lead to:
* Interference with evidence
* Alerting other suspects
* Hinder the recovery of property The delay can last a maximum of 36 hours.

Question 7

What is the right to silence?

Answer 7

Suspects have the right to remain silent when questioned by police. The standard caution explicitly states: “You do not have to say anything.” However, staying silent might lead to adverse inferences if they later present a defense in court that they didn’t mention to the police.

Question 8

What is the initial maximum period a suspect can be detained without being charged?

Answer 8

24 hours, starting from the time the suspect arrives at the police station.

Question 9

What is the ‘relevant time’ for calculating detention time limits?

Answer 9

● For suspects arrested away from the police station: The time they arrive at the first police station.
● For suspects attending voluntarily and then arrested: The time of their arrest.
● For suspects on “street bail”: The time they arrive at the station.

Question 10

Can the initial detention period be extended?

Answer 10

Yes, but only under specific conditions:
● Authorization by a superintendent or above.
● The offense is an indictable offense.
● The investigation is being conducted diligently and expeditiously. The extension can be up to 36 hours.

Question 11

What happens if the police need to detain a suspect for longer than 36 hours?

Answer 11

They must apply to a magistrates’ court for a warrant of further detention. If granted, this can be for up to another 36 hours (totaling 72 hours). In exceptional cases, a further extension can be granted, with a maximum total detention of 96 hours (four days).

Question 12

What are detention reviews?

Answer 12

Periodic reviews of the suspect’s detention conducted by an inspector (not involved in the investigation) to ensure the grounds for detention are still valid.

Question 13

When must the first and subsequent detention reviews take place?

Answer 13

First review: Within 6 hours of detention being authorized. Second review: Within 9 hours of the first review.
Subsequent reviews: At intervals of not more than 9 hours.

Question 14

Can someone attend the police station voluntarily to answer questions?

Answer 14

Yes, if the police lack sufficient evidence for arrest or if an arrest isn’t necessary. This is often referred to as attending as a “volunteer.” Volunteers have the right to leave at any time unless arrested and can request a friend or solicitor be present during questioning.

Question 15

What are the options for a suspect during a police interview

Answer 15

● Answer all questions
● Give a “no comment” interview
● Selective silence (answering some questions but not others)
● Provide a prepared written statement (often combined with “no comment” to oral questions).

Question 16

What is the solicitor’s role during a police interview?

Answer 16

To protect and advance the client’s legal rights. This includes:
● Preparing the client for the interview.
● Ensuring appropriate seating arrangements.
● Making an opening statement outlining their role.
● Intervening if necessary to challenge improper questioning or seek clarification.
● Advising the client on whether to answer questions.

Question 17

What are some examples of situations where a solicitor might intervene during a police interview?

Answer 17

● Oppressive or inappropriate police behavior.
● Irrelevant, misleading, or hypothetical questions.
● Threats or inducements.
● Introduction of new, undisclosed information.
● Concerns about the client’s well-being or behavior

Question 18

Can a solicitor be removed from a police interview?

Answer 18

Yes, but only if their conduct prevents the interviewer from properly questioning the suspect. This usually involves behavior like answering questions on the client’s behalf or providing written answers. Removal requires consultation with a superintendent and the suspect must have the opportunity to consult with another solicitor.

Question 19

What should a solicitor do if their client admits guilt but wants to lie to the police?

Answer 19

They cannot represent the client in an interview where the client intends to lie as this would breach their duty not to mislead the court. They should try to dissuade the client from lying and advise them about potential consequences. If the client insists on lying, the solicitor should withdraw from the case.