Suspect's Rights at Police Station Flashcards
What continuing rights should the detained person be told of at the police station by the custody officer which may be exercised at any point?
- the right to consult privately with a solicitor and the free independent legal advice is available
- the right to have someone informed of their arrest
- the right to consult the Codes of Practice
What will the custody record detail in relation to the rights of the individual?
Custody record will detail that detained person has been told of their rights and the response they give to their rights
What is the right to consult a solicitor?
Fundamental right to free and independent legal advice including consulting with a solicitor either in person, on the telephone or in writing
When must detainee be told again of their right to free legal advice?
Immediately before:
- the commencement or recommencement of an interview
- being asked to provide an intimate sample
- an intimate drug search
- an identification parade or vide identification procedure
How long can delay to last?
Maximum of 36 hours.
What happens if a detainee has been interviewed whilst their right to a solicitor has been delayed?
Then there are restrictions on the drawing of adverse inferences at court.
What criteria must be met for a suspects right to a solicitor to be delayed?
- person must be detained for indictable offence
- authority to delay exercise of the right is granted in writing by police officer of at least the rank of superintendent
- the super indent has reasonable grounds to be believe that exercise of the right will lead to one of the following:
i) interference with/harm to evidence connected with an indictable offence
ii) interference with/harm to others
iii) alerting of other people suspected of committing an indictable offence but not yet arrested for it
iv) hinder the recovery of property obtained in consequence of the commission of such an offence
v) person has benefitted from their criminal conduct
What guidance does COP C annex B provide in relation to delaying the right to a solicitor?
Right may only be delayed where there are grounds to believe that the solicitor might pass on a message or act in some other way that would lead to the prohibited consequence.
Means that right to named solicitor may be delayed but rare that right to any solicitor can be delayed
What is the right to have someone informed of arrest?
Arrested person has right to have a friend, relative or other person told that they are under arrest.
This right is at public expense and can be exercised every time the suspect is taken to a different police station
What is the criteria for delaying right to have someone informed of arrest?
- person must be detained for an indictable offence
- authority to delay must be authorised by granted in writing by a police officer of at least the rank of inspector
- the inspector has reasonable grounds to believe that the exercise of the right will lead to any of the following:
i) interference with/harm to evidence connected with an indictable offence
ii) interference with/harm to others
iii) alerting of other people suspected of committing an indictable offence but not yet arrested for it
iv) hinder the recovery of property obtained in consequence of the commission of such an offence
v) person has benefitted from their criminal conduct
In exercising delay of right for someone to be informed what should the police bear in mind?
Delay or denial of rights should be proportionate and should last no longer than necessary.
In any event cannot be delayed for more than 36 hours.
Will really only be for search of suspect’s property. Once search has been conducted then appointed person should be notified
Who has the right to an appropriate adult?
- any person that appears to be under the age of 18
- any person that appears to be mentally disordered or otherwise mentally vulnerable
- anyone whom an officer has been told in good faith may be mentally disordered or otherwise mentally vulnerable
Who can act as an appropriate adult for a young detainee?
- a parent
- a guardian
- if looked after under the Children Act, a representative of care authority or voluntary organisation or social worker
- failing these, any person aged 18 or over who is not a police officer or police employee
Who can act as an appropriate adult for a mentally disordered or otherwise mentally vulnerable person?
- a parent
-a guardian
- a relative
- someone who has experience in dealing with such persons
Who cannot act as an appropriate adult?
- solicitor/legal representative attending the police station for the suspect
- person suspected of involvement in the offence
- the victim of or a witness to the offence
- involved in the investigation
- a person who has received admissions from the person detained before acting as an appropriate adult
- person of low IQ and unable to appreciate the gravity of the situation
- an estranged parent whom the arrested juvenile does not wish to attend and specifically objects to
