Unit 1

Question 1

Who deals with a suspect who has been arrested once they arrive at the police station?

Answer 1

Custody officer.

Question 2

What is the custody officer responsible for?

Answer 2

1) Authorising detention of suspect & supverising their welfare while in police custody

2) Custody officer should not be involved in the investigation of the offence.

Question 3

When should a suspect who has been arrested be brought to the custody officer?

Answer 3

As soon as is practicable.

Question 4

Custody officer initially opens and maintains a cudtosy record. What does this contain?

Answer 4

(a) suspect’s name, address, telephone number, dob, occupation.

(b) the offence & why the arresting officer thought it necessary to arrest them (Code G, para 4.3)

(c) the time of the suspect’s arrest and the time of their arrival at the police station

(d) the reason why the suspect’s ongoing detention at the police station has been authorised by the custody officer;

(e) the time detention was authorised;

(f) confirmation that the suspect has been given details of the rights they can exercise while detained at the police station & whether they have requested legal advice from a solicitor; and

(g) details of the items of property the suspect has on their person, and details of any medical condition they suffer from

Question 5

What must the custody officer inform the suspect of?

Answer 5

Their ongoing rights.

Question 6

Can the custody officer search the detained person?

Answer 6

Yes.

– Clothing and personal effects can be siezed only if the custody officer has reasonable grounds for beleiving they may be evidence;

OR

The suspect may use them for:

• physical injury to self and others
• cause damage to property
• interfere with evidence
  -assist an escape

Question 7

Who determines whether there is enough evidence to detain a suspect?

Answer 7

Custody officer – they do this by asking the investigating officer.

Question 8

should the custody officer put questions to the detainee?

Answer 8

No.

Question 9

What are the grounds for detention?

Answer 9

If there is not sufficient evidence to charge a suspect immediately, the suspect should be released either on bail or without bail, unless:

(a) PRESERVING EVIDENCE – The custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest; or

(b) OBTAINING EVIDENCE BY QUESTIONING – It is necessary to obtain such evidence by questioning.

Question 10

What occurs if these grounds cease to apply?

Answer 10

Detainee must be released immediately.

Question 11

Conditions of detention are …

Answer 11

1) Cell needs to be clean, ventilated, lit and heated.

2) Bedding must be reasonable standard and clean

3) suspect must have access to toilet and washing facilities

4) Must be offered at least 2 light meals and 1 main meal in any 24-hour period and drinks should be provided at mealtimes and upon reasonable request between meals.

5) Suspects should be offiered brief outdoor exercise if this is practicable

6) visited each hour

7) make arrangements to ensure suspects receive appropriate clinical attention as soon as is reasonably practicable

Question 12

Rights of a suspect being detained by the police for questioning …

Answer 12

1) have someone informed of their arrest

2) told they are entitled to free, independent legal advice & have a right to consult privately

3) Right to consult codes of practice

4) Advised of their right to be informed about the offence & any further offences

Question 13

If a suspect makes a request to consult a solicitor, when should this be complied with?

Answer 13

As soon as is practicable.

Question 14

Can the police officers say or do anything with the intention of dissuading a person from obtaining legal advice?

Answer 14

No.

Question 15

Who provides free legal advice via telephone?

Answer 15

Criminal Defence Direct (CDD).

Question 16

If a solicitor attends police station for the suspect, does the suspect have to be informed of this?

Answer 16

YES. This must be noted in the custody record.

Question 17

Police cannot in any way try to dissuade the suspect from seeing the solicitor.

Question 18

What is the polices’ right to delay legal advice?

Answer 18

• Any delay must be authorised by an officer of at least the rank of the SUPERINTENDANT and can be authorised only when a suspect has been arrested for an indictable offence.
• Length of delay can be for a maximum of 36 hours from the relevant time.
• Authorisation for delaying a suspect’s access to legal advice can be given orally but, if it is, it must be confirmed in writing as soon as practicable.

Question 19

What are the grounds for delaying legal advice?

Answer 19

• Delay can only be authorised if the officer has reasonable grounds for believing that the exercise of this right, at the time when the suspect wishes to exercise it, will:

(a) Lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons; or

(b) Lead to the altering of other persons suspected of having committed such an offence but not yet arrested for it; or

(c) Hinder the recovery of any property obtained as a result of such an offence (s. 58(8).

Note – Guidelines which the police must follow when determining whether to delay a suspect’s access to legal advice are contained in Annex B to Code C.

Question 20

Can the police delay the right to have someone informed of the arrest?

Answer 20

Yes.

Length of delay = 36 hours from the relevant time.

May be given orally, if it is is, must be confirmed in writing as soon as is practicable.

Question 21

What are the grounds for delaying the right to have someone informed of the arrest?

Answer 21

Police officer who authorises the delay may do so only if they have reasonable grounds for believing that telling the named person of the arrest will:

(a) Lead to interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons;

(b) Lead to the altering of other persons suspected of having committed such an offence but not yet arrested for it; or

(c) Hinder the recovery of any property obtained as a result of such an offence (s 56(5).

Question 22

What are the two clocks which apply to detention prior to charge?

Answer 22

1) Detention Clock – the initial maximum period of detention before charge

2) Review Clock – Detention reviews

Question 23

Under the detention clock, what how long can a person be kept in the police station without being charged?

Answer 23

No more than 24 hours from the”relevant time.”

Question 24

What is the relevant time for the detention clock?

Answer 24

(a) In the case of a person attending voluntarily at the police station who is then arrested at the police station, it is the time of their arrest (s 41(2)(c);

(b) In the case of a person who attends a police station to answer ‘street bail’ granted under s 30A, the time when they arrive at the police station (s 41(2)(ca);

(c) In the case of a suspect who has been arrested away from the police station, relevant time = when the suspect arrives at the first police station to which they are taken after their arrest

Question 25

Can the police extend the maximum period of detention? (S 42 Extension)

Answer 25

Yes.

– Police can extend the detention for another 12 hours (i.e., 36 hours detained) from the relevant time if the SUPERINTENDENT (or higher-ranking officer) believes:

(a) The detention of the suspect without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them;

(b) The offence is an indictable offence (i.e., either-way or an indictable–only offence); and

(c) The investigation is being carried out diligently and expeditiously.

Question 26

If the police wish to extend detention beyond 36 hours what must they do? (S 43 Extension)

Answer 26

Obtain a warrant for further detention from a magistrates’ court, only if the following conditions are met:

1) necessary to preserve evidence / obtain evidence and

2) investigation is being conducted diligently and expeditiously.

Question 27

If the police satisfy this, how long can the magistrates grant the extension for? (S 43 extension)

Answer 27

1) For a period which the magistrates sees fit maximum of 36 hours extra.

1a) I.e., 36 + 36 = 72 hours maximum under magistrates.

Question 28

After a suspect has been detained for 72 hours, can the magistrates grant a further extension? (S 44 extension)

Answer 28

Yes:

As long as the conditions for S 43 extension are met AND there are reasonable grounds for believing that the further detention is justified.

Question 29

What are the terms of the S 44 extension>

Answer 29

• Extension granted under s 44 can be for any period as the court thinks fit, but cannot:

(a) Be longer than 36 hours; or
(b) End later than 96 hours (i.e., four days) after the ‘relevant time’.

Question 30

I.e., maximum time for detention without charge is…

Answer 30

4 days.

Question 31

To what does the review clock apply?

Answer 31

How many times a suspect’s detention should be reviewed to ensure the grounds of detention are still applicable.

Question 32

If detention reviews are not carried out what is the effect?

Answer 32

Detention is unlawful and will amount to the tort of false imprisonment.

Question 33

Who must carry out the review?

Answer 33

– Officer of at least inspector and is not directly involved in the investigation.

Question 34

What are the review timings?

Answer 34

• First review = takes place no later than 6 hours after custody officer first authorised the detention of the suspect.
• Second review = must take place no later than nine hours after the first review.
• Subsequent reviews must take place at intervals of not more than nine hours

Question 35

What is the case if the suspect is a volunteer at the station?

Answer 35

1) No obligation to attend police station as a volunteer & can leave at any time

Question 36

Where does a solicitor arriving at the police station to represent a client get their information from?

Answer 36

1. The custody officer (and custody record)
2. The investigating officer
3. The client

Question 37

Is the solicitor allowed to see the custody record or detention log?

Answer 37

Yes. They can request a copy of this. & should use it to obtain basic details of the client’s case.

Question 38

Is the investigating officer required to disclose any evidence of the case against the client?

Answer 38

No but the solicitor should state they will be unable to advise the client about whether or not to answer questions.

Question 39

What must the investigating officer give the solicitor?

Answer 39

1) Sufficient information to enable them to understand the nature of the offence / case.

Question 40

What else does the solicitor need to get from the investigating officer?

Answer 40

Whether or not the client has made any significant statements in presence of police officer.

Question 41

What are the clients’ 4 options in answering questions?

Answer 41

1. To answer all questions put to them
2. To give a no comment interview
3. Selective silence, where the client answers some questions but not others
4. To give a no comment interview, but either during the interview or before being charged, hand a written statement to the police setting out facts the client will rely on in their defence at trial.

Question 42

What are the disadvantages of remaining silent at interview?

Answer 42

 If the client is subsequently charged and pleads not guilty, the magistrates or jury may draw an adverse inference under ss 34, 36 or 37 CJPOA 1994 from the client’s silence in interview.

 If the client is subsequently raises a defence at trial, the details of which could have been given at interview, the court or jury are entitled to conclude that the defence is a sham and was fabricated by the defendant after they had left the police station.

Question 43

When will a solicitor advice to remain silent in interview?

Answer 43

1) case against client is weak and police do not have evidence to prove allegation

2) police have not provided adequate disclosure

3)Police are aiming to ambush client with new evidence at interview

4) Client is physically or mentall unfit to be interviewed / distressed / emotional or fatigued / early hours of morning etc.

5) complex facts / case occured long time ago

5) extreme embarrassment of client.

Question 44

If a solicitor advises a client to remain silent what else must they do?

Answer 44

written reeasons for this advice.

Question 45

Should a solicitor advise selective silent?

Answer 45

No – appears D has something to hide.

Question 46

When to use a written statement?

Answer 46

 If the solicitor considers that the client needs to place their version of events on record to avoid an adverse inference being drawn at trial (e.g., client has a positive defence or alibi), but they think client will perform badly at interview (e.g., young, emotional or never previously been arrested).

 If client hands in a written statement to police, the solicitor will advise the client to answer no comment.

 Written statement will be read out and then handed to the police prior to the client being charged.

Question 47

When should written statement be handed to police?

Answer 47

 Handed to police wither during interview or prior to charge or kept on the clients’ file and not disclosed at either of these stages.

 If solicitor feels the police case is particularly weak, it may be better to hold back handing it in until the police have actually decided to charge the client, but before the client is formally charged. (handing in earlier may give police information they didn’t have).

 Where solicitor has doubts as to accuracy of clients’ instructions, and their facts may not stand up to scrutiny or may change, the solicitor may retain the written statement on file, producing it at a later stage in the case, to try to prevent the courts from drawing the inference that the defence was fabricated at a later date.