The law, procedure, and processes involved in advising a client at the police station/The law, procedure, and processes involved to meet the client's objectives

Question 1

Police and Criminal Evidence Act 1984 and accompanying PACE codes of Practice regulate?

Answer 1

police powers and protect the rights of the public.

Question 2

References to PACE 1984 are to?

Answer 2

Police and Criminal Evidence Act 1984.

Question 3

References to the PACE codes of practice (codes a-h) are to?
and example?

Answer 3

the relevant code and paragraph numbers
e.g., Code C, 6.1.

Question 4

PACE codes of practice broadly cover:

Answer 4

• Stop and search
• Arrest
• Detention
• Investigation
• Identification
• Interviewing detainees.

Question 5

The following PACE codes are relevant to the law, procedure and processes involved in advising a client at the police station:
(3 codes)

Answer 5

• Code C – requirements for the detention, treatment and questioning of suspects
  (not related to terrorism) in police custody.
• Code D – the exercise by police of statutory powers to identify persons.
• Code E – audio recording of interviews with suspects in the police station.

Question 6

S.58 PACE 1984?

Answer 6

person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

Question 7

Code C, 3.1?

Answer 7

when a person is brought to a police station under arrest
or arrested at the station having gone there voluntarily, the custody officer MUST make sure the person is told clearly about…at any stage in their period of custody:
their right to consult privately with a solicitor AND that free independent legal advice available.

Question 8

Code C, 6.1?

Answer 8

unless Annex B applies, ALL detainees must be informed that they can at any time consult and communicate privately with a solicitor, whether in person, in writing, OR by telephone, and that free independent legal advice is available.

Question 9

Code C, 6.4?

Answer 9

no police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with the Code.

Question 10

Code C, 6.15?

Answer 10

solicitor’s arrival, suspect MUST be told of an attempt to contact him.
Even if detainee has declined legal advice, or having requested it, subsequently agreed to be interviewed without receiving advice.

Question 11

Code C, 6.5A?

Answer 11

case of a person who is a juvenile or is vulnerable, an appropriate adult should consider whether legal advice from a solicitor is required.
If such a detained person wants to exercise the right to legal advice, the appropriate action should be taken and shouldn’t be delayed.
Person indicates that they don’t want legal advice, appropriate adult has the right to ask for a solicitor to attend if this would be in the best interests of the person.

Question 12

Code C, Annex B?

Answer 12

right to legal advice can be delayed for up to 36 hours if the person is in police detention in connection with an indictable offence, hasn’t yet been charged with an offence AND an officer of superintendent rank or above, has reasonable grounds for believing their exercise will:
Lead to – interference with, or harm to, evidence connected with an indictable offence
OR interreference with, or physical harm to, other people
OR
Lead to alerting other people suspected of having committed an indictable offence BUT NOT yet arrested for it
OR hinder the recovery of property obtained in consequence of the commission of such an offence.

Question 13

Code C, Annex B - if legal advice from a particular solicitor is delayed on the basis of the above reasons…

Answer 13

access to another solicitor must be offered.

Question 14

S.56 PACE 1984?

Answer 14

person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as practicable.

Question 15

Code C, 5.1?

Answer 15

UNLESS Annex B applies any person arrested and held in custody at a police station or other premises can, on request, have one person (and up to two alternatives) known to them OR likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable.

Question 16

Code C, 5.5?

Answer 16

friend, relative, or person with an interest in the detainee’s welfare enquires about their whereabouts, this information shall be given IF the suspect agrees and Annex B DOESN’T apply.

Question 17

Code C, 5C?

Answer 17

detainee DOESN’T know anyone to contact for advice or support or CAN’T contact a friend or relative, custody officer SHOULD bear in mind any local voluntary bodies OR other organisations who MIGHT be able to help.

Question 18

S.41, PACE 1984?

Answer 18

initial period of detention in police custody before charge (detention clock) is no more than 24 hours from the relevant time which is determined as follows:
Volunteer attending the police station – at any time of arrest at the police station.
Suspect on street bail – at time of arrival at the police station.
Suspect arrested away from the police station – at the time of arrival at the first police station.

Question 19

S.40, PACE 1984?

Answer 19

periodic review of the suspect’s detention to ensure that the grounds on which the detention was initially authorised by the custody officer still apply (review clock):
First review – within 6 hours from detention being authorised (by an officer NOT BELOW rank of inspector).
Second review – within 9 hours from the first detention review (15 hours in detention) by an officer NOT BELOW rank of inspector.
Third review – within 9 hours from the second detention review (24 hours in detention)
by an officer NOT BELOW rank of inspector, to charge, seek an extension OR release suspect without charge.

Question 20

S.42, PACE 1984?

Answer 20

suspect’s detention CAN be extended beyond 24 hours to 36 hours (+ 12 hours) by an officer of the rank of superintendent or above if:
Detention of that person without charge is necessary to secure or preserve evidence regarding an offence for which they are under arrest or to obtain such evidence by questioning them.
Offence for which the suspect has been arrested in connection which is an indictable offence
AND the investigation is being carried out diligently and expeditiously.

Question 21

S.43, PACE 1984?

Answer 21

suspect’s detention CAN be further extended beyond 36 hours up to a maximum of 72 hours (up to +36 hours or less) by the magistrates’ court if:
Suspect is present in court in connection with an indicatable offence.
Suspect’s detention without charge is necessary to secure or preserve evidence regarding an offence for which they are under arrest or to obtain such evidence by questioning them.
AND the investigation is being carried out diligently and expeditiously.

Question 22

S.44, PACE 1984?

Answer 22

suspect’s detention CAN be further extended by up to another 36 hours BUT NOT beyond 96 hours in total, by the Magistrates’ court if:
The grounds under s.43 are satisfied
AND there are reasonable ground for believing that further detention is justified.

Question 23

Maximum period for which a suspect can be detained is?

Answer 23

96 hours (four days) after which they MUST be either released or charged.

Question 24

Code D, 3.12?

Answer 24

circumstances in which an eye-witness identification procedure MUST be held if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion:
Eye-witness has identified a suspect or purported to have identified them
OR there is an eye-witness available who expresses an ability to identify the suspect
OR reasonable chance of an eye-witness being able to identify the suspects.

Question 25

The eye-witness in 3.12 MUST NOT…

Answer 25

have been given an earlier opportunity to identify the suspect in any video identification, identification parade or group identification procedures.

Question 26

Code D, 3.12

Answer 26

an identification procedure ISN’T necessary where:
Suspect admits being at the scene of the crime and gives an account which doesn’t contradict the eye-witness
OR not disputed that the suspect is already known to the eye-witness.

Question 27

Four types of identification procedure:

Answer 27

Video identification – selection of images on a screen, including an image of the suspect.
Identification parade – suspect is lined up with others who look similar.
Group identification – witnesses see the suspect in an informal group of similar people.
Witness confrontation – suspect is directly confronted by the witness.

Question 28

Code D, 3.14?

Answer 28

selecting an eye-witness procedure begins with the suspect initially being invited to take part in a video identification UNLESS:
Video identification is not practicable
OR identification parade is both practicable and more suitable than a video identification
OR suspect can initially be invited to take part in a group identification if the officer in charge of the investigation considers it is more suitable than a video identification or an identification parade.

Question 29

Identification officer… will be in charge of the identification procedure and ensure compliance with Code D.

Answer 29

(rank of inspector or above)

Question 30

Officer will not be involved in the investigation and…

Answer 30

will perform their duties as soon as practicable.

Question 31

Code D, Annex A – video identification:

Answer 31

Images must include the suspect and at least 8 other people who resemble the suspect in age, height, general appearance, and position in life.
Suspect MUST be given a reasonable opportunity to see the complete set of images before it is shown to any eye-witness.
Suspect has a reasonable objection to the set of images or any of the participants, suspect shall be asked to state the reasons for the objection and, if practicable, be taken to remove the grounds for objection.
Unusual features of the suspect which other participants DON’T have (examples, scar or tattoo) should be concealed or replicated on other people.

Question 32

Code D, Annex B – identification parade:

Answer 32

Can take place in a normal room or one with a screen permitting witnesses to see members without being seen.
Must consist of at least 8 other people who resemble the suspect in age, height, general appearance, and position in life.
Unusual features of the suspect which other participants DON’T have (examples, scar or tattoo) should be concealed.
Witness wishes to hear any identification parade member speak, adopt any specified posture or move; they shall first be asked whether they can identify any person on the basis of appearance only.

Question 33

Code D, Annex C – group identification:

Answer 33

Can take place with consent of suspect or covertly.
Place where the group identification is held should be where other people are passing by OR waiting around informally (e.g., bus station) AND the witness MUST see people whose appearance is similar to that of the suspect.

Question 34

Code D, Annex D: confrontation:

Answer 34

Face to face confrontation is used as a last resort.
Must take place in the presence of the suspect’s solicitor (UNLESS this would cause unreasonable delay).

Question 35

Person who is arrested in connection with a suspected criminal offence has the right to…

Answer 35

remain silent when interviewed at the police station, however, at trial court CAN be allowed to draw adverse inferences from this earlier silence when being questioned under caution.

Question 36

Code C, 10.5 - police caution:

Answer 36

you do not have to anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court.
Anything you do say may be given in evidence.

Question 37

Police caution MUST be given to:

Answer 37

• Arrest or
• All other occasions before a person is charged or informed, they can be prosecuted (before interview).

Question 38

Code C, 10.7:

Answer 38

minor deviations from the words of any caution can be given in accordance with the code DON’T constitute a breach of the code.

Question 39

Code C, 10.12:

Answer 39

juvenile or a vulnerable person is cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adult’s presence.

Question 40

S.34, CJPOA 1994?

Answer 40

jury to draw an adverse inference from the accused’s failure to mention facts when questioned and can only be drawn in criminal proceedings.

Question 41

Effect of s.34?

Answer 41

jury to draw legally permissible inferences from the defendant’s decision not to answer questions at the police station.

Question 42

Inference can be drawn when (known as Argent factors):

Answer 42

Proceedings for an offence
Failure to mention facts occurs before charge.
Failure to mention facts occurs during questioning under caution.
Questioning is directed at discovering whether the offence alleged has been committed and by whom.
Fact which hasn’t been mentioned is relied upon on trial.
Suspect at interview could have reasonably expected to mention the fact.

Question 43

Inference can only be made where?

Answer 43

the suspect has been cautioned.
If the suspect hasn’t been cautioned, then an adverse inference cannot be made.

Question 44

Suspect remains silent on the legal advice of a solicitor and seeks to later rely on a fact at trial which wasn’t disclosed, court can take direct as follows:

Answer 44

Suspect genuinely and reasonably relied on the advice of a solicitor to remain silent, no inferences can be drawn.
Suspect used the advice to hide the fact they have no defence, OR it wasn’t reasonable for them to rely on the advice, then adverse inferences can be drawn.

Question 45

Code C, 11.1A :

Answer 45

interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences
(for which a caution would need to be given under paragraph 10.1, Code C).

Question 46

Code C, 11.1A – before a person is interviewed, they and, if they are represented, their solicitor MUST…

Answer 46

be given sufficient information to enable them to understand the nature of any such offence, and why they are suspected of committing it, to allow for the effective exercise of the rights of the defence.

Question 47

Code C, 11.1:

Answer 47

following a decision to arrest a suspect, an interview should not be held until the suspect reaches the police station UNLESS delay would lead to interference with, or harm to, evidence or persons, or cause serious loss of, or damage to, property or alerts others not yet arrested, or would hinder the recovery of property.

Question 48

Code C, 11.2:

Answer 48

before the commencement or recommencement of an interview, the suspect MUST be reminded that he has a right to free legal advice and that the interview can be delayed for this reason.

Question 49

Code C, 11.6:

Answer 49

interview before charge MUST cease when the officer in charge of the investigation:
Satisfied that all relevant questions have been put to the suspect.
Has taken into account any other available evidence
AND reasonably believes there is sufficient to provide a realistic prospect of conviction for that offence.

Question 50

Code C, 11.7(a):

Answer 50

an accurate record MUST be made of each interview (or soon as practicable after its completion).

Question 51

Code C, 11.15:

Answer 51

juvenile or vulnerable person MUST not be interviewed regarding their involvement OR suspected involvement in a criminal offence or offences, or asked to provide or sign a written statement under caution or record of interview, absence of the appropriate adult (UNLESS Code C, 11.1 or 11.18-11.20 apply).

Question 52

Preliminary steps at a police interview by the interviewing officer:

Answer 52

Police caution will be given to the suspect.
Suspect will then be reminded they are entitled to legal advice.
Put to the suspect (to confirm, deny, or add to) any significant statement OR significant silence (defined in Code C, 11.4A) which occurred in the presence and hearing of a police officer before the start of an interview (Code C, 11.4C).

Question 53

Before the interview the solicitor’s role is to:

Answer 53

Explain to the client the procedure to be followed in the interview, that the interview will be audibly recorded and the seating arrangements.
Advise the client about the following options available:
No comment interview
Prepared statement
Combination of the two options above.
Answering all questions.
Advise the client about the risks involved in all of the option.
e.g., adverse inference with a no comment interview or being ambushed with unexpected documents during on comment interview.

Question 54

Interview can be stopped by the solicitor or client if?

Answer 54

the client requires legal advice.

Question 55

Solicitor can intervene to protect the client’s interest if?

Answer 55

the police questioning is inappropriate.

Question 56

Solicitor to warn the client of…

Answer 56

police tactics to get them to talk or react.

Question 57

Code C, 6D (notes for guidance):

Answer 57

Solicitor’s only role in the police station is to protect and advance the legal rights of their client.
On occasions this CAN require the solicitor to give advice which has the effect of the client avoiding giving evidence which strengthens a prosecution case.
Solicitor CAN intervene to seek clarification, challenge an improper question to their client or the manner in which it is put.
Solicitor can advise their client not to reply on particular questions OR give their client further legal advice.

Question 58

Code C, 6.9:
and examples?

Answer 58

solicitor can only be required to leave the interview if their conduct is such that the interviewer is unable to properly put questions to the suspect.

Examples of unacceptable conduct include answering questions on a suspect’s behalf OR providing written replies for the suspect to quote.

Question 59

Solicitor SHOULD make an opening statement at the start of the interview explaining?
and examples?

Answer 59

their roles and grounds on which they will be intervening in the police questioning

such as appropriate OR improper police questioning/behaviour or the need to give the client further legal advice.

Question 60

Appropriate adult is a person who?

Answer 60

attends the police station to provide support, advice, and assistance to a juvenile
Under the age of 18.
Or a vulnerable person
Suspect with a mental health condition OR disorder.

Question 61

Role is not to provide legal advice and their conversations AREN’T covered by…

Answer 61

legal privilege.

Question 62

Appropriate adult has a right to…

Answer 62

ask for a solicitor EVEN IF the juvenile/vulnerable person has refused the right to seek legal advice.

Question 63

Juvenile/vulnerable person MUST NOT?

Answer 63

be interviewed, asked to sign or provide a written statement under caution in the absence of an appropriate adult.

Question 64

In the case of a juvenile, police should?

Answer 64

contact in the following order of priority to act as an appropriate adult:
Parents or guardians.
Social worker
Responsible adult who ISN’T connected to the police.

Question 65

Case of a vulnerable person, police should contact in the following order of priority to act as an appropriate adult:

Answer 65

Relative, guardian, or other person responsible for their care.
Someone experienced in dealing with vulnerable persons BUT who ISN’T connected to the police.
Responsible adult.

Question 66

Following persons should never be an appropriate adult:

Answer 66

Solicitor acting for the juvenile or vulnerable person.
Police officer or employee
Suspect, witness, or victim connected to the investigation.
Person who has received prior admissions from the suspect.
Estranged parent.