Suspect's rights Flashcards
Three key rights of a detained person
Custody officer must ensure a person is told clearly about the following continuing rights which may be exercised at any period during custody:
- right to consult privately with a solicitor and the availability of free independent legal advice
- right to have someone informed of their arrest; and
- right to consult the Codes of Practice
+ AA and interpretor
Right to consult a solicitor
s 58 PACE: right to free and independent legal advice. Includes consulting with a solicitor either in person, on the telephone or in writing.
When must someone be told of their right to free legal advice?
Immediately before:
- commencement or recommencement of an interview
- being asked to provide an intimate sample
- an intimate drug search
- an identification parade or video identification procedure
Declining/asking for legal advice
- If legal advice is declined, that should be noted on the custody record
- Where legal advice is sought, it must be provided as soon as is practicable
- Police should usually await the arrival of a solicitor before beginning an interview
- Nothing should be done to dissuade the suspect from obtaining legal advice
- If detained person initially declined legal advice, but changes their mind the interview should cease and can recommence once the detainee has exercised their right to seek legal advice.
Power to delay right to legal advice
Authority: delayed in accordance with s 58 and COP C annex B
Exercise: right can be delayed a maximum of 36 hours
Where grounds are authorised they must be recorded and suspect must be informed
Criteria:
- person must be in detention for an indictable offence
- authority to delay the exercise of the right is granted in writing by a superintendent
- reasonable grounds to believe exercising the right will lead to:
- harm to evidence
- harm to others
- altering other suspects
- hinder the recovery of property
Note: may in rare cases be justified in delaying access to a named solicitor this would not justify legal advice generally and suspect should be allowed to choose an alternative solicitor
Right to have someone informed of the arrest
s 56: an arrested person has the right to have a friend, relative or other person told that they are under arrest
The right can be exercised every time the suspect is taken to a different police station
Power to delay the right to inform someone of your arrest
Authority: only delayed if the necessary criteria are met
Criteria:
- person must be in detention for an indictable offence
- authority to delay the exercise of the right must be granted in writing by inspector
- inspector must have reasonable grounds to believe:
- harm to evidence
- harm to others
- alerting of other suspects
- hinder the recovery of property
It is easier to delay this right than legal advice but any delay should be proportionate and should last no longer than necessary
Who has the right to an appropriate adult?
If a person is or appears to be under 18 they must have an appropriate adult present at the police station.
Right to an appropriate adult applies to anyone the police officer suspects may be:
- mentally disordered or vulnerable
- anyone police officer is told in good faith is mentally disordered or vulnerable
Who can act as an appropriate adult?
Minor:
- parent
- guardian
- rep of care authority
- social worker
- anyone who isn’t a police officer or police employee
Mentally vulnerable:
- parent
- guardian
- relative
- someone withe experience dealing with these people
Must be 18 or older and not a police officer or employed by the police
Who cannot act as an appropriate adult?
Person cannot act if:
- suspected of involvement in the offence
- victim of or witness to the offence
- involved in the investigation
- person who received admissions from detained person before acting as AA
- low IQ
- estranged parent who juvenile does not wish to attend and objects to
What is the role of an appropriate adult
- ensure that the detained person understand what is happening and why
- support, advise and assist the detained person
- observe whether the police are acting properly and fairly and to intervene if they are not
- assist with the communication between the detained person and the police
- ensure that the detained person understands their rights and those rights are protected and respected
AA can request solicitor on behalf of detainee (but detainee can still refuse)
Proceeding without an appropriate adult
Person should not be interviewed without AA unless delay would leave to:
- harm to evidence
- harm to people
- loss or damage to property
- alerting other suspects
- hindering recovery of property
Right to interpreter
If custody officer determines that an interpreter is required suspect must not be interviewed without an interpreter unless authorised by superintendent and delay would lead to:
- harm to evidence
- harm to people
- loss or damage to property
Conditions of detention
COP C:
- if practicable, no more than one detainee in each cell
- cell should be heated, cleaned and ventilated
- bedding must be supplied
- toilet and washing facilities available
- replacement of clothes where necessary
- two light means and one main meal every 24 hours
