Suspect's rights Flashcards
What is the right to consult a solicitor?
The right to consult a solicitor either in person, on the telephone, or in writing as soon as practicable
When must a suspect be informed of their right to consult a solicitor?
immediately before:
- commencement or recommencement of an interview
- being asked to provide an intimate sample or do an intimate drug search
- an identification parade or VIPER
Right to consult a solicitor comes from which statute?
s58 PACE
What should be noted if a suspect declines legal advice?
It should be noted on the custody record
Nothing should be done to dissuade the suspect from obtaining legal advice.
What happens if a suspect changes their mind about consulting a solicitor during their interview?
The interview should cease and can recommence once the detainee has exercised their right
This ensures the suspect’s rights are respected.
Under what conditions can the right to consult a solicitor be delayed?
Must be an indictable offence; authority must be granted in writing by an officer of at least the rank of superintendent who has reasonable grounds to believe it will lead to:
* Interference with evidence
* Interference with or harm to others
* Alerting of other people suspected of committing an indictable offence but not yet arrested
* Hindering the recovery of property
COP C Annex B
What is the maximum amount of time that a defendant’s right under s58 PACE can be delayed?
36 hours
What are the restrictions if a suspect is interviewed before consulting a solicitor due to a delay?
There are restrictions on the drawing of adverse inferences at court
What is the right to have someone informed of the arrest?
An arrested person has the right to have a friend, relative, or other person told that they are under arrest
When can the detainee’s right under s56 PACE be exercised?
This right can be exercised every time the suspect is taken to a different police station.
right to have someone informed of your arrest
The right to have someone informed of your arrest arises under which statute?
s56 PACE
What conditions must be met to delay the right to inform someone of the arrest?
Must be an indictable offence; authority must be granted in writing by a police officer of at least the rank of inspector who has reasonable grounds to believe it will lead to:
* Interference with evidence
* Interference with or harm to others
* Alerting of other people suspected of committing an indictable offence but not yet arrested
* Hindering the recovery of property
How long can a detainee’s right under s56 be delayed?
The delay must be proportionate and not last longer than necessary, with a maximum of 36 hours.
What is 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
This right also applies to anyone suspected of being mentally disordered or otherwise mentally vulnerable.
Who can act as an appropriate adult?
An appropriate adult can be:
* A parent or guardian
* A representative of the care authority or a social worker
* Anyone over the age of 18 who is not a police employee
Who can not act as an appropriate adult?
- solicitor
- victim or suspect
- someone involved in the investigation
- someone of low IQ
- someone who received admissions from the detainee
- an estranged presence whose presence the juvenile specifically objects to
What is the role of the appropriate adult?
To ensure the detainee understands what is happening and why, support, advise and intervene if police are not acting properly, as well as to protect rights
This includes ensuring that the detainee is not interviewed without their presence unless certain conditions are met.
What conditions allow the interview of a young or mentally disordered detainee without an appropriate adult?
A superintendent or above must be satisfied that delay would likely lead to:
* Interference with evidence
* Harm to other people
* Serious loss of or damage to property
* Alerting other suspects not yet arrested
* Hindering the recovery of property
What is the right to an interpreter?
A suspect must not be interviewed without an interpreter if an interpreter has been determined necessary by the custody officer
Under what circumstances can an interview proceed without an interpreter?
Authorization is given by an officer of the rank of superintendent or above if delaying the interview will lead to:
* Interference with, or harm to, evidence
* Interference with or physical harm to other people
* Serious loss of, or damage to, property
