UNIT 1 - Advising Clients, Including Vulnerable Clients, About the Procedure and Processes at the Police Station Flashcards
A man has been arrested on Tuesday at 10.00 hrs on suspicion of common assault (a summary offence) and taken to the local police station by the arresting officer. He arrives at 10.15 hrs and the custody officer authorises his detention to obtain evidence by questioning him at 10.30 hrs.
Which of the following best describes the maximum period of time this man can be detained before charge?
A) He can be detained up until an inspector conducts a review of his detention which must be by 16.30 hrs on Tuesday.
B) He can be detained up until an inspector conducts a review of his detention which must be by 19.30 hrs on Tuesday.
C) He can be detained up until 10.00 hrs on Wednesday.
D) He can be detained up until 10.15 hrs on Wednesday.
E) He can be detained up until 10.30 hrs on Wednesday.
CORRECT ANSWER D - The ‘custody clock’ as opposed to the ‘review clock’ starts from the time the man arrives at the police station, which here is 10.15 hrs on the Tuesday (not the time of his arrest away from the police station, so option C is wrong, nor from the time detention is authorised, so option E is also wrong). According to s 41, the maximum period of detention before charge is 24 hours (note this cannot be extended as common assault is a summary-only offence) so he can only be detained up until 10.15 hrs on the Wednesday. Option A correctly sets out the time by which the man’s detention must be initially reviewed by an inspector, but the question asks for the maximum period of detention, not when the first review must be conducted. Option B is wrong because this also refers to a review, and in any event, it gives the wrong time period (9 hours) for the first review to be conducted.
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Question 2
A woman has been arrested and taken to the police station. When she is given her rights, she requests legal advice, but she subsequently changes her mind when she learns the police are ready to interview her and there is a delay in her solicitor attending the police station. The custody officer authorises the interview to proceed in the absence of the solicitor and makes an entry to this effect in the custody record. The woman also confirms her change of mind in writing by signing an entry to this effect in the custody record.
Can the interview lawfully proceed on this basis?
A) Yes, because the right to legal advice is an ongoing right, the suspect is entitled to change her mind at any stage during her detention.
B) No, because written authority can only be given by an officer not below the rank of inspector.
C) Yes, because the custody officer has authorised this and made a record of the authorisation in the custody record.
D) No, because written authority can only be given by an officer not below the rank of superintendent.
E) No, because once a suspect has requested legal advice the interview cannot proceed without the solicitor’s attendance.
CORRECT ANSWER B - Whilst a suspect can change her mind about wanting legal advice (so option E is wrong), this must be authorised in writing by an officer not below the rank of inspector (so options C and D are also wrong). Whilst option A is correct in that the right to legal advice is an ongoing right, and the suspect is entitled to change her mind at any stage during her detention, there are some additional safeguards that must be followed for this to be done correctly. These safeguards are actually very detailed (see the key points below), but option B is the best answer because this correctly identifies the role played by an officer not below the rank of inspector, provided:
* this officer speaks to the suspect to enquire about the reasons for their change of mind, and makes reasonable efforts to contact the solicitor;
* the suspect’s reason for the change of mind and the outcome of the efforts to contact the solicitor are recorded in the custody record;
* the suspect confirms in writing that they want the interview to proceed without first obtaining legal advice by signing an entry to this effect in the custody record; and
* the officer of the rank of inspector or above is satisfied that it is proper for the interview to proceed in these circumstances and gives authority in writing for the interview to proceed.
A solicitor is acting for a client at the police station when it becomes apparent that there is a conflict of interest with an existing client the solicitor is already representing.
Assuming the solicitor will withdraw from acting for the client, what should she now say to the custody officer?
A) That she no longer wants to represent the client.
B) That she can no longer represent the client because there is a conflict of interest with an existing client.
C) That she can no longer represent the client and the custody officer should speak to the client to find out why.
D) That she can no longer represent the client but someone else from her firm will be attending to represent the client.
E) That she is no longer able to represent the client for professional reasons.
CORRECT ANSWER E - because all the solicitor can tell the custody officer is that
she can no longer act (for professional reasons) – she must not disclose the reason why. Arguably she could just tell the custody officer that she is no longer able to act, but some practitioners would say it would be discourteous not to explain that it is for professional reasons. Option A is not the best answer because it is misleading for the solicitor to say that she no longer wants to represent the client. The reason she can no longer represent the client is because of her professional obligations to this client and her existing client rather than because she no longer wants to do this. If the solicitor told the custody officer why she was no longer able to act (other than for professional reasons) this would be a breach of the ongoing duty of confidentiality owed to the client under para 6.3 of the SRA Code of Conduct, so option B is wrong. It would also be wrong to tell the custody officer to speak to the client about why the solicitor can no longer act, so option C is also wrong. Option D is wrong because if the solicitor has a conflict with this client and an existing client, this will also prohibit anyone else in the firm from representing the client.
A man has been arrested on suspicion of burglary. A witness claims to have seen the man climbing out of a window of the burgled premises at the time of the burglary. The witness claims she recognised the man because they were at school together. During interview, the man denies any involvement in the burglary and claims the witness is mistaken. He also claims the witness could not have recognised him on the basis that he is known to her as they were not in the same class or year group at school and he left school six years ago.
Which of the following statements best describes whether the police will now be required to hold an identification procedure?
A) The holding of an identification procedure will be required because the man claims the witness is mistaken and disputes that he is known to the witness.
B) The police may hold an identification procedure if they believe it will help the investigation into this offence.
C) The police may hold an identification procedure if the officer in charge of the investigation considers it would be useful.
D) An identification procedure would not be necessary because the witness would inevitably pick out the man.
E) An identification procedure would serve no useful purpose as it is not disputed that the man is already known to the witness.
CORRECT ANSWER A - An identification would be mandatory in this case according to Code D, para 3.12. There is a witness who has purported to recognise the man and
the man disputes being the person the witness claims to have seen, so an identification procedure shall be held unless it is not practicable or would serve no useful purpose in proving or disproving whether the man was involved in committing the offence. The man disputes that he is known to the witness because they were not in the same year group at school and also because of the passage of time since they were at school. This scenario
is therefore very similar to R v Harris (2003) where the CA stated that an identification procedure was required in such circumstances. Options B and C are not the best answers because although an eyewitness identification procedure may also be held if the officer in charge of the investigation considers it would be useful (Code D, para 3.13), this would not apply where the requirement to hold the procedure is already caught by para 3.12. Option D is wrong because it is not at all inevitable that the witness would pick out the man since the man has proper grounds to dispute that he is known to her. Option E is not the best answer because it is disputed that the man is already known to the witness.
Two brothers have been arrested on suspicion of affray. The police have a witness to the incident who believes he would be able to identify the two offenders. Both brothers deny being involved in the incident and both claim they were elsewhere at the time. Because the two brothers are roughly of similar appearance, the police hold a video identification procedure with the images of the two brothers and 10 images of other people who all resemble the suspects in age, height, general appearance and position in life. The investigating officer, who is an officer of inspector rank, conducts the video identification procedure.
Has the video identification procedure been properly conducted?
A) Yes, because the correct number of images have been used and an officer not below the rank of inspector has conducted the procedure.
B) No, because two separate procedures should have been used with one of the suspect’s video image and eight other images used for each procedure.
C) Yes, because the other images are of people who all resemble the suspects in age, height, general appearance and position in life.
D) No, because the investigating officer must not be involved in the conduct of the identification procedure.
E) No, because 12 other images should have been used and the investigating officer must not be involved in the identification procedure.
CORRECT ANSWER E - The video identification procedure has not been conducted lawfully in accordance with Annex A to Code D of PACE 1984 because 12 other images (not 10) should have been used and the investigating officer must not be involved in the conduct of the procedure, so option A is wrong. Where two suspects of roughly similar appearance are shown in the same images, they may be shown together with at least 12 other people (Code D, Annex A, para 2), so although separate procedures would usually be held, option B is not the best answer. Although option C is correct about the other images all resembling the suspects in age, height, general appearance and position in life, it fails to explain why the procedure is still not conducted correctly. Option D is partially correct, because the investigating officer must not be involved in the conduct of the identification procedure, but it is not the best answer, because it fails to mention that the wrong number of images (10 rather than 12) have been used.
A street robbery takes place and the victim provides a first description of the robber. The victim does not know who the robber was and so she is shown photographs, in batches of 12, of people who fit this description. The victim makes a positive identification of a man who is then arrested on suspicion of committing the robbery. The man is interviewed and denies any involvement, claiming that he was elsewhere at the time of the robbery.
What are the police now required to do?
A) The victim has already made a positive identification so the man should now be charged.
B) The victim should now be asked to take part in an identification procedure.
C) The police will be required to hold an identification procedure because the officer in charge of the investigation will consider it to be useful.
D) The police should not have shown the victim photographs in batches of 12 so they will not be able to proceed further against the man.
E) The man should now be compelled to take part in an identification procedure.
CORRECT ANSWER B - The victim has made an identification from viewing the photographs and should now be asked to take part in an identification procedure (Code
D, Annex E, para 6). Option A is wrong because a positive identification has not yet been made. Option C is not the best answer because although this may be one of the reasons for conducting an identification procedure the victim must first be asked to take part in such a procedure and in the circumstances of this case, para D 3.12 will be the reason why such a procedure is required. Option D is wrong because the victim must be shown at least 12 photographs at a time (Code D, Annex E, para 4). Option E is wrong because the suspect cannot be compelled to take part in such a procedure.
A 16-year-old girl has been arrested and is being interviewed about her suspected involvement in relation to an allegation of burglary of shop premises. Her mother is present as the appropriate adult. During the course of the interview, the mother keeps interrupting the interviewing officer, stopping them from asking proper questions of the girl. The interviewing officer stops the interview and speaks to the custody sergeant who listens to a recording of the interview and then reminds the appropriate adult of her role and gives her an opportunity to respond. The custody sergeant then authorises the removal of the girl’s mother as appropriate adult and contacts a social worker to continue to act as appropriate adult for the girl.
Have the police acted correctly when removing the girl’s mother from acting as appropriate adult?
A) Yes, because the mother has prevented the interviewing officer from putting proper questions to the girl.
B) Yes, because the girl still has an appropriate adult attending to support, advise and assist her.
C) Yes, the custody sergeant followed the correct procedure before authorising the removal of the girl’s mother.
D) No, because the custody sergeant is not of the correct rank of officer to make such an authorisation.
E) No, because the mother’s role is not just to act as an observer, she is entitled to intervene during the interview.
CORRECT ANSWER D - Although the mother has prevented the interviewing officer from putting proper questions to the suspect (option A) and the suspect still has an appropriate adult attending to support, advise and assist her (option B) and the custody sergeant followed the correct procedure before authorising the removal of the suspect’s mother (option C), such a removal can only be authorised by an officer not below the rank of superintendent, or if such an officer is not available, an officer not below the rank of inspector, so option D is the best answer. Although option E is correct in that the mother’s role is not just to act as an observer and she is entitled to intervene during the interview, she is not entitled to prevent the interviewing officer from putting proper questions to the suspect (see Code C, para 11.17 and 11.17A).
A boy, aged 13 years, has been arrested on suspicion of robbery. He denies any involvement in the offence and claims that a witness who has recognised him is mistaken. The police propose to carry out a video identification procedure and the solicitor representing the boy advises him and his appropriate adult, a local authority social worker, to agree to take part in the procedure. The boy refuses to give his consent to such a procedure, but the appropriate adult does give her consent and when the boy’s mother is contacted, she also gives her consent.
Can the police now lawfully carry out an identification procedure?
A) Yes, because the relevant consent from the boy’s parent has been given.
B) No, because consent must be given by the appropriate adult and the boy.
C) Yes, because consent is not required to carry out a video identification procedure.
D) Yes, because the boy’s solicitor has advised the boy to consent to the video identification procedure.
E) No, because the parent and the boy must both give their consent.
CORRECT ANSWER A - Where a juvenile suspect is under 14 years of age, only the consent of the parent (or guardian) is required (Code D, para 2.12). Option B is therefore wrong, as the suspect’s consent and the appropriate adult’s consent (where this person is not also the parent or guardian) are not required. Option C is not the best answer because although consent is not required to carry out a covert video identification procedure, most video identification procedures are not covert and do require consent. Option D is wrong because although the solicitor’s advice will be important in practice, it is not a requirement of Code D. Option E would have been correct had the juvenile suspect been aged 14 years or over, where both the parent/guardian and the suspect must give their consent.
A boy, aged 10 years, has been charged with rape, it being alleged that he raped his younger sister. There is no local authority secure accommodation available. The boy’s behaviour whilst detained at the police station has given the custody officer genuine concern that if released from the police station the boy will interfere with witnesses. The custody officer also believes that keeping the boy in other local authority accommodation would not be adequate to protect the public from serious harm from the boy.
Where can the custody officer authorise the boy to be remanded following charge?
A) The boy can be remanded at the police station, but he should be detained in a juvenile detention room.
B) The boy can be remanded at the police station, but he must be kept separate from adult suspects and must not be detained in a cell unless it is not practicable to supervise him.
C) The boy can only be remanded to other local authority accommodation because he is under the age of 12.
D) The boy must be released on either unconditional or conditional bail.
E) The boy can only be remanded on bail if it is impracticable to move him to local authority accommodation.
CORRECT ANSWER C - The key point to spot here is that the boy is only aged 10 and therefore under the age of 12. Had the boy been aged 12 or over, then s 38(6) provides that the lack of secure local authority accommodation does not make it impracticable to transfer a juvenile to local authority accommodation unless a juvenile is aged 12 or over and the local authority accommodation would not be adequate to protect the public from serious harm from the juvenile. So options A and B may have been correct had the boy been older. Option D is wrong because although the custody officer may remand the boy on either unconditional or conditional bail, the boy may also be remanded into the care of the local authority (which is most likely on these facts). Option E is wrong for the same reason.
TRUE OR FALSE:
All suspects at the police station are entitled to free, independent legal advice no matter what their financial means are or the merits of their case.
TRUE - Unlike eligibility for legal aid at court, which is subject to both a means and merits test, independent and free legal advice at the police station is not subject to either of these tests.
It is 04:30 hours and a solicitor receives a telephone call from the Defence Solicitor Call Centre (DSCC) that one of their adult clients has been arrested on suspicion of burglary. The solicitor telephones the police station and speaks to the custody officer. He tells the solicitor that the interview will not take place until later in the morning because the client is still affected by drink and the investigating officer has yet to obtain a statement of complaint from the owner of the property in question.
The solicitor obtains some further information from the custody officer, then briefly speaks to the client on the telephone and obtains some initial instructions.
At this stage, which TWO of the following sources will be relevant to assist the solicitor in determining any issues relating to the client’s potential vulnerability?
A) The police surgeon (force medical examiner)
B) The custody officer
C) The investigating officer
D) The appropriate adult
E) The client
CORRECT ANSWERS B & E - At this stage the custody officer and the client are the only two potential sources mentioned that the solicitor has spoken to. If the solicitor then has any concerns relating to the client’s potential vulnerability, the police surgeon will then be contacted by the custody officer and will see the client. Further, when the solicitor attends the police station later that morning and obtains disclosure from the investigating officer, issues relating to potential vulnerability may also become apparent then, but as yet, neither of these two potential sources are relevant. There is nothing to suggest that the client will require an appropriate adult. When one is required, this person may also be a potential source.
It is 04:30 hours and a solicitor receives a telephone call from the Defence Solicitor Call Centre (DSCC) that one of their adult clients has been arrested on suspicion of burglary. The solicitor telephones the police station and speaks to the custody officer. He tells the solicitor that the interview will not take place until later in the morning because the client is still affected by drink and the investigating officer has yet to obtain a statement of complaint from the owner of the property in question.
The solicitor obtains some further information from the custody officer, then briefly speaks to the client on the telephone and obtains some initial instructions.
Which three of the following would be reasons requiring the solicitor to attend the police station to see the client?
A) The client is unhappy about being detained until later in the morning for interview and wants the solicitor to attend now.
B) The client wants the solicitor to attend once the police are ready to interview him.
C) The client wants to speak to the solicitor in confidence about something relating to why he has been arrested.
D) The client wants to make a complaint about the police officer who arrested him. He tells the solicitor that he has been assaulted and has injuries to his head and back to prove it and he demands that the solicitor comes to see him now.
E) The custody officer wants the solicitor to attend to talk to him in confidence about another unrelated matter which has not yet been allocated by the DSCC to the solicitor’s firm.
CORRECT ANSWERS B, C & D - are all reasons that would be likely to require the solicitor to attend the police station now. The solicitor should attend whenever a client requests their attendance and, amongst other things:
the offence is a serious one;
the police are going to interview;
the client is vulnerable;
the client wants advice on making a complaint of serious police misconduct (assault in these circumstances would amount to this);
the client wants to speak to the solicitor in confidence (a telephone call with the client can never be treated as confidential);
where the police are going to hold an identification procedure; or
where it is necessary to make representations in person to a senior police officer regarding matters relating to the client’s detention.
In this case the police will not be allowed to interview the client if he is affected by drink. Further, if they are still in the process of gathering their evidence, then the client’s detention before interview would be justified. If option A is the only reason the client wants the solicitor to attend in person the solicitor could decline at this stage, and give the client advice about why the police are not able or required to interview him immediately. So option A is not a reason to attend now. The solicitor can also reassure the client that they will attend as soon as the police are ready to interview. Option E is not a reason to attend unless it relates to another matter the solicitor is already acting on, as the solicitor will not be remunerated for attending the police station on a case that has not yet been allocated to the solicitor’s firm by the DSCC.
A woman has been arrested on suspicion of theft of toiletries from a shop. A solicitor is advising the woman at the police station before she is interviewed. The woman was found in possession of the stolen items and was arrested at the scene at the time of the offence. There is also CCTV evidence showing her stealing the items in question. During the consultation with her solicitor the woman admits that she did steal these items. The woman also confirms that she has three recent convictions for theft from shops. Considering this and the strength of the evidence against her, the solicitor advises the woman that her best and safest option in interview is to answer the questions and admit to what she has done.
Which ONE of the following reasons best explains why the solicitor has advised the woman to do this?
A) To prevent any adverse inferences being drawn from the woman exercising her right to remain silent.
B) Because the woman will be eligible to receive a caution if she admits her guilt.
C) To prevent any adverse inferences being drawn from her failing to account for why she was found in possession of the stolen items and arrested at the scene at or about the time of the offence.
D) To ensure that she is released from the police station as soon as possible.
E) Because it will be good mitigation when she is sentenced as she should be given credit by the court for her co-operation with the police.
CORRECT ANSWER E - best reason to advise the woman to admit to what she has done. It will be good mitigation because she should be given credit by the court for her co-operation with the police. The woman has no defence and therefore the question of adverse inferences referred to in options A and C are not relevant.
Because the woman has three recent previous convictions for theft she will not be eligible to receive a caution, so option B is wrong. Option D is not the best answer because even if the woman was released slightly earlier from police custody if she makes admissions, this would not be a good reason to advise a client on their safest option and in any event her release time is unlikely to be affected by this.
A man has been arrested on suspicion of common assault. He arrives at the police station at 09:30 hours and his detention is authorised by the custody officer at 09:45 hours.
Which FOUR of the following statements in relation to the man’s detention are correct?
A) The man’s first review must be carried out by an officer of at least the rank of inspector by 15:45 hours that day.
B) The man’s cell must be adequately heated, cleaned and ventilated and also adequately lit.
C) The man’s period of detention prior to charge should not exceed 24 hours unless appropriately authorised by an officer of the rank of superintendent or above.
D) The man is entitled, if he so requests, to have a friend or relative or someone known to him told, as soon as practicable, that he has been arrested and is being detained at the police station.
E) The man should be offered at least two light meals and one main meal in any 24 hour period and drinks should be provided at meal times and upon reasonable request between meals.
CORRECT ANSWERS A,B,D & E - The maximum period of detention cannot exceed 24 hours as the man is not under arrest for an indictable offence (i.e. an either-way offence or an offence triable only on indictment - s.41 PACE) – because common assault is a summary offence.
The man’s first review must be carried out by an officer of at least the rank of inspector no later than 6 hours from when his detention was first authorised (s.40 PACE) so here, by 15:45 hours making option A correct. The man’s cell must be adequately heated, cleaned and ventilated and also adequately lit (Code C, Para 8.2), so option B is correct. Section 56 PACE gives the man a right not to be held incommunicado so option D is correct.
Code C also provides for a regime of treatment that entitles the man to be offered at least two light meals and one main meal in any 24 hour period and drinks should be provided at meal times and upon reasonable request between meals. In practice though it would be very unlikely that the man would be kept in police custody before charge for the maximum period of 24 hours, but option E is still a correct statement of the law.
A solicitor is representing two clients who have been detained prior to charge at the police station on suspicion of the same offence. One of the clients has asked the solicitor to let the other client know what he is going to tell the police about the allegation when he is interviewed.
Which ONE of the following statements concerning the solicitor’s ability to pass on information from one client to the other is correct?
A) Where the solicitor has permission in writing from the client authorising this, the solicitor may pass this information on to the other client provided the solicitor also notifies the investigating officer they have done this.
B) Under no circumstances should a solicitor ever pass on information from one client to another prior to charge where the information relates to the investigation as there will always be a significant risk that the solicitor will be breaching their overriding duty to the court.
C) The solicitor may pass information from one client to another provided it is in that client’s best interests.
D) The solicitor may pass information from one client to another provided it is in both clients’ best interests to do so and the solicitor is not breaching their overriding duty to the court.
E) The solicitor must pass this information on if so instructed by the client or withdraw from acting for the client.
CORRECT ANSWER D - A solicitor may only ever pass on confidential information from one client to another if they have that client’s (written) authority to do so and it is in both clients’ best interests and most importantly, that by doing so the solicitor is not breaching their overriding duty they owe to the court. However, the solicitor is not required to disclose this to the investigating officer as that would be disclosing confidential information (unless the client also authorises this). It is however very important to ensure that the solicitor is not being used as a conduit to help two clients fabricate a defence or dispose of evidence. Therefore the solicitor must first be satisfied that both clients are giving consistent instructions before agreeing to pass information from one client to another.
