Workshop 1

Question 1

What does PACE stand for?

Answer 1

P: power
A: authority (legal)
C: criteria that has to be met
E: has the power been exercised correctly on the facts

Question 2

Street bail meaning

Answer 2

Instead of being taken to a police station, the person arrested can be granted bail to attend police station later

Question 3

Who is the fist person the arrested individual sees at the police station?

Answer 3

Custody officer

Question 4

What is the role of the custody officer?

Answer 4

• responsible for the handling and welfare of suspects in detention
• must be a police officer of the rank of at least sergeant.
• must be unrelated to the process of the investigation of the offence.

Question 5

When is a separate custody record opened?

Answer 5

A separate custody record must be opened as soon as practicable for each detainee regardless of where they’re arrested. All information required to be recorded under COP C must be recorded on the custody record.

Question 6

How does COP C define ‘solicitor’

Answer 6

A solicitor who holds a current practising certificate or an accredited or probationary representative included on the register of representatives maintained by the Legal Aid Agency.

Question 7

Reviews of detention

Answer 7

Section 40 = the first review of the suspect’s detention will take place not more than six hours after the suspect’s detention was first authorised by the custody officer and then periodically every nine hours thereafter.

Question 8

Detention time limits

Answer 8

Under s.41 PACE, the maximum period that a suspect can be kept in custody, before being charged, is 24 hours from the ‘relevant time’. Before the 24-hour limit has expired the suspect must either be charged/released.

Question 9

What authority enables the detention period to be extended?

Answer 9

Section 42 PACE = detention can be extended for a further 12 hours (36 total) provided:

• an officer of at least the rank of superintendent must authorise the continued detention;
• the superintendent or above has reasonable grounds for believing detention is necessary to secure or preserve evidence or obtain evidence by questioning;
• the offence must be an indictable offence; and
• the investigation must be being conducted diligently and expeditiously.
• authorisation to extend must be given before the expiry of the initial 24 hours but after the second review has occurred;
• the grounds for the extension must be explained to the suspect and noted in the custody record; and
• the suspect and/or the suspect’s solicitor should be allowed an opportunity to make representations.

Question 10

How can the police detain a suspect for longer than 36 hours?

Answer 10

must apply to the mag. court for a warrant of further detention under S.43 and 44 PACE.
The warrant may authorise continued detention for a further 36 hours on a first application and 36 hours (up to a maximum of 96 hours) on a second application.
The criteria:
* mag court is satisfied that there are reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning;
* the offence must be an indictable offence; and
* the investigation is being conducted diligently and expeditiously.

Question 11

What are the rights of a detained person?

Answer 11

• the right to consult privately with a solicitor and the availability of free independent legal advice;
• The right to have someone informed of their arrest; and
• The right to consult the Codes of Practice (COP).

Question 12

The right to consult a solicitor

Answer 12

The person detained must be told again of the right to free legal advice immediately before:
* any interview/procedure
* If legal advice is declined, that should be noted on the custody record.
* Where legal advice is sought, it must be provided as soon as is practicable.
* Police should usually await the arrival of a solicitor/ legal representative before beginning an interview.
* Nothing should be done to dissuade the suspect from obtaining legal advice.
* If a detained person initially declined legal advice but subsequently changes their mind then the interview should cease and can recommence once the detainee has exercised their right to seek legal advice.

Question 13

Can the police delay the suspects right to legal advice?

Answer 13

In order to delay the right for a max of 36 hours in accordance with s.58 (see also COP C Annex B):
* the person must be in detention for an indictable offence; and
* the authority to delay the exercise of the right must be granted in writing by a police officer of at least the rank of superintendent; and
* the superintendent must have reasonable grounds to believe that the exercise of the right will lead to any or all of the following consequences:
* interference with/harm to evidence connected with an indictable offence;
* interference with/harm to others;
* alerting of other people suspected of committing an indictable offence but not yet arrested for it; and /or
* hinder the recovery of property obtained in consequence of the commission of such an offence.

Question 14

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

Answer 14

This right can only be delayed for a max 36 hours if the necessary criteria are met under s.56 PACE. In order to delay the right:

• the person must be in detention for an indictable offence (an offence that may be tried in the Crown Court i.e. indictable only and either way offences); and
• the authority to delay the exercise of the right must be granted in writing by a police officer of at least the rank of inspector; and
• the inspector must have reasonable grounds to believe that the exercise of the right will lead to any or all of the following consequences:
• interference with/harm to evidence connected with an indictable offence;
• interference with/harm to others;
• alerting of other people suspected of committing an indictable offence but not yet arrested for it; and /or
• hinder the recovery of property obtained in consequence of the commission of such an offence.
• The right might also be delayed if the person has been detained for an indictable offence and has benefited from their criminal conduct

Question 15

Who has the right to an appropriate adult?

Answer 15

If a person is, or appears to be, under 18, they must have an appropriate adult present at the police station. The right to an appropriate adult also applies to anyone whom a police officer suspects may 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.

Question 16

Who can act as an appropriate adult for a young detainee?

Answer 16

• a parent; or
• a guardian; or
• in the case of a young person looked after under the Children Act 1989:
• a representative of the care authority or voluntary organisation; or
• a social worker.

They must be 18 or over and not a police officer/ employee

Question 17

Who can act as an appropriate adult for a mentally vulnerable detainee?

Answer 17

• a parent; or
• a guardian; or
• a relative; or
• someone who has experience in dealing with such persons.

They must be 18 or over and not a police officer/ employee

Question 18

Who cannot act as an appropriate adult

Answer 18

A solicitor/ legal representative attending the police station for the suspect should not act as the appropriate adult.
A person cannot act as an appropriate adult if they are:
a)suspected of involvement in the offence;
b)the victim of, or a witness to, the offence;
c)involved in the investigation;
d)a person who has received admissions from the person detained before acting as appropriate adult;
e)of low IQ and unable to appreciate the gravity of the situation; or
f)an estranged parent whom an arrested juvenile does wish to attend and specifically objects to.

Question 19

What is the role of the appropriate adult?

Answer 19

The role of the appropriate adult is to:
a)ensure that the detained person understands what is happening and why;
b)support, advise and assist the detained person;
c)observe whether the police are acting properly and fairly and to intervene if they are not;
d)assist with communication between the detained person and the police; and
e)ensure that the detained person understands their rights and that those rights are protected and respected.
An appropriate adult can request a solicitor/ legal representative on behalf of the person detained, though the person detained does not have to see the solicitor if they do not want to.

Question 20

Can a young or mentally disordered or vulnerable detainee be interviewed/asked to provide a written statement without the presence of an appropriate adult?

Answer 20

No

Question 21

The right to an interpreter

Answer 21

Where the custody officer has determined that a suspect requires an interpreter, that suspect must not be interviewed without an interpreter unless authorisation is given by an officer of the rank of superintendent or above who is satisfied that delaying the interview will lead to:
* interference with, or harm to, evidence; or
* interference with or physical harm to other people; or
* serious loss of, or damage to, property.

Question 22

Treatments of suspects in a police station

Answer 22

COP C 8 gives details on conditions of detention which include:
* so far as practicable, not more than one detainee should be detained in each cell;
* cells must be adequately heated, cleaned and ventilated;
* bedding must be supplied;
* toilet and washing facilities made available;
* if a detainee’s clothes have been removed, replacement clothing of a reasonable standard shall be provided; and
* two light meals and one main meal should be provided every twenty-four hours.

Question 23

Caution

Answer 23

Interviews must be carried out under caution, therefore a person must be cautioned before they are asked any questions about their suspected involvement in the commission of an offence.
The person should be cautioned again at the recommencement of an interview after a break.

Question 24

Police station process

Answer 24

• Will see the custody officer who must authorise their continued detention.
• Will be informed of their rights.
• Will have certain non-intimate samples taken.
• May see the appropriate healthcare professional, if necessary.
• Will speak to a legal representative, if the detainee requests.
• Will be interviewed.
• May be:
  released under investigation or on police bail, after the interview; or
  charged and released on police bail to appear at the magistrates’ court at a later date; or
  charged and remanded in police custody to appear at the magistrates’ court the following day.

Question 25

Police rankings

Answer 25

• Constable
• Sergeant
• Inspector
• Chief Inspector
• Superintendent
• Chief Superintendent

Question 26

The investigating officer

Answer 26

• can be a police officer of any rank;
• is usually the officer who is in charge of investigating that particular offence, also referred to as the ‘Officer In the Case’ (‘OIC’);
• is the officer the suspect’s legal representative would speak to at the police station to obtain pre-interview disclosure;
• will most likely lead the interview.

Question 27

Location of interview

Answer 27

The requirement that an interview be conducted at a police station is subject to exceptions, where delay would be likely to:
* Lead to interference with or harm to evidence connected with an offence;
* Lead to interference with or physical harm to other persons; or
* Lead to serious loss of, or damage to, property; or
* Lead to the alerting of other persons suspected of having committed an offence but not yet arrested for it; or
* Hinder the recovery of property obtained in consequence of the commission of an offence.

Question 28

Right to Disclosure

Answer 28

There is no general ‘right to disclosure’ with the exception of:
* a significant statement (see next below); and
* the custody record.

However, PACE COP C 11.1A states that before interview a:
‘… solicitor must be given sufficient information to enable them to understand the nature of any such offence and why they [the client] are suspected of committing it.’

Question 29

recording interviews

Answer 29

The general rule is that all interviews must be contemporaneously recorded.
Interviews under caution for any indictable offence must be audio recorded.
An exception exists to the general rule. The interview can be recorded in writing where:
* it relates to some minor offences;
* the person has not been arrested; and
* it takes place other than at a police station.

Question 30

fitness for interview - when should someone not be interviewed?

Answer 30

Generally, no person should be interviewed if they are unable to:
* appreciate the significance of the questions asked and their answers; or
* understand what is happening because of the effects of drink, drugs or any illness, ailment or condition.
However, an officer of the rank of Superintendent can authorise an interview in these circumstances.

Question 31

practicalities before the interview

Answer 31

The solicitor should:
* Obtain pre-interview disclosure; and
* Have an opportunity for a private consultation with their client to:
- Discuss the case; and
- Advise the client on their options for the interview.

Question 32

What makes a properly conducted interview?

Answer 32

A properly conducted interview:
* Takes place in an interview room in a designated police station;
* Is recorded;
* Is in the presence of a lawyer, if the suspect has exercised their right under s 58 Police and Criminal Evidence Act 1984;
* Gives the client the option to suspend the interview and have further consultations with their solicitor.

Question 33

role as a solicitor at the police station

Answer 33

protect your client’s interests and advance their case. As such a solicitor should consider intervening in a number of circumstances:
* information or evidence is referred to or produced that was not disclosed before the interview;
* clarification on any matter is required at any time;
* there is inappropriate questioning (see below);
* there is inappropriate behaviour;
* further advice to the client is needed;
* a break is required; or
* the circumstances require.

Question 34

purpose of the interview

Answer 34

It is important to note that the purpose of an interview is to gather evidence. It is therefore necessary to step in where officers use inappropriate questioning techniques.
Examples of inappropriate questioning include:
* Misrepresenting information, such as upgrading responses, misrepresenting key items of information or inaccurate summarising;
* Hypothetical questions;
* Repetitive questioning; or
* Disruptive listening, such as not listening to your client’s response, or assuming knowledge of your client’s response before your client answers or finishes their answer.

Question 35

confessions

Answer 35

Ideally, the investigating officer would like the suspect to admit the offence in the interview.
The evidential starting point for confessions is that they are admissible. However:
* Section 76(2) PACE 1984 sets out circumstances when a confession can be excluded from evidence as a result of ‘oppression’ or ‘unreliability’.
* Section 78 PACE 1984 gives the court the discretion to exclude evidence that ‘would have such an adverse effect on the fairness of proceedings that the court ought not to admit it’.

Question 36

Section 76 and 78 compared

Answer 36

Section 76(2) PACE 1984:
* Oppression is ‘torture, inhuman or degrading treatment, or the use or threat of violence’ (s 76(8)). The oppression must have caused the confession.
* Unreliability means the confession was obtained as the result of something said or done which renders it unreliable. This might include breaches of PACE including how the interview was conducted. Again, the thing said of done must have caused the confessions unreliability.
* The existence of either oppression or unreliability does not automatically exclude such evidence, instead the court must grant the defence’s application.
Section 78 PACE 1984:
* Section 78 may be used to exclude any evidence upon which the prosecution seeks to rely (in contrast to section 76 which can only be used in relation to confessions).
* Section 78 can also be used to exclude confessions where there is no suggestion that either limb of section 76(2) has been breached.