1): The Law, Procedure and Processes Involved in Advising a Client at the Police Station

Question 1

What legislation regulates police powers and rights at the police station?

Answer 1

Police and Criminal Evidence Act 1984 (PACE) and PACE Codes of Practice (A to H).

Question 2

What topics are broadly covered by PACE Codes of Practice?

Answer 2

Stop and search
Arrest
Detention
Investigation
Identification
Interviewing detainees

Question 3

What PACE Codes are most relevant when advising a client?

Answer 3

Code C: Detention, treatment, questioning of suspects (non-terrorism cases)

Code D: Identification procedures

Code E: Audio recording of interviews

Question 4

What is the basic right to legal advice under s.58 PACE 1984?

Answer 4

A detained person is entitled to consult a solicitor privately at any time.

Question 5

What must happen if a suspect attends voluntarily but is arrested at the station?

Answer 5

Custody officer must inform them of their right to legal advice at any stage (Code C, 3.1).

Question 6

What is required under Code C, 6.1?

Answer 6

Detainees must be informed they can consult privately with a solicitor at any time.

Question 7

What does Code C, 6.4 prohibit?

Answer 7

Police officers cannot dissuade suspects from seeking legal advice.

Question 8

What does Code C, 6.15 require?

Answer 8

If a solicitor arrives, the suspect must be told and attempts must be made to contact them even if advice was previously declined.

Question 9

What happens with juveniles or vulnerable suspects?

Answer 9

Code C, 6.5A: Legal advice must be considered; if requested, delay is not permitted.

Question 10

When can access to legal advice be delayed under Code C, Annex B?

Answer 10

Max. 36 hrs, If connected to an indictable offence and delay justified by:

Risk of evidence being harmed

Risk of harm to people

Risk of alerting suspects not yet arrested

Hindrance of property recovery

Question 11

What must happen if advice from a specific solicitor is delayed?

Answer 11

Access to another solicitor must be offered.

Question 12

What is the right to have someone informed of the arrest under s.56 PACE 1984?

Answer 12

Entitled to have one friend, relative, or other interested person informed as soon as practicable.

Question 13

What does Code C, 5.1 state?

Answer 13

On request, detainee can have one person (and up to two alternatives) informed at public expense.

Question 14

What does Code C, 5.5 provide?

Answer 14

If a third party enquires about the detainee’s welfare, info may be given if the suspect agrees (unless Annex B applies).

Question 15

What does Code C, 5C require?

Answer 15

If detainee knows no one, custody officer should consider contacting local voluntary bodies.

Question 16

What is the initial detention time limit under s.41 PACE 1984?

Answer 16

24 hours from the relevant time.

Relevant time depends on how the person arrives at the police station:

Voluntary attender: time of arrest at the station.

Street bail suspect: time of arrival at the police station.

Arrest away from station: time of arrival at the first police station.

Question 17

What are the review requirements for detention under s.40 PACE 1984?

Answer 17

First review: within 6 hours of the detention being authorised.

Second review: within 9 hours after the first review (i.e., 15 hours into detention).

Third review: within 9 hours after the second review (i.e., 24 hours into detention).

An officer not below the rank of inspector must conduct review

Purpose of the reviews:
To confirm that detention is still necessary and proportionate.

Question 18

When can the detention period be extended to 36 hours under s.42 PACE 1984?

Answer 18

authorised by a superintendent or above if:

Detention without charge is necessary to:

Secure or preserve evidence, or
Obtain evidence by questioning.

The offence is an indictable offence.

Investigation is being carried out diligently and expeditiously.

Question 19

How can detention be extended beyond 36 hours up to 72 hours under s.43 PACE 1984?

Answer 19

Application must be made to the Magistrates’ Court.

Court can authorise further detention if:

The suspect is under arrest for an indictable offence.

Continued detention is necessary to secure or preserve evidence.

Investigation continues to be carried out diligently and expeditiously.

Maximum total detention without charge = 72 hours.

Question 20

How can detention be extended beyond 36 hours up to 96 hours under s.43 PACE 1984?

Answer 20

by magistrates’ court if:

grounds under s 43 are satisfied

reasonable grounds for further detention justified

Max. detention period is 96 after which they must be released or charged

Question 21

When must an identification procedure be held?

Answer 21

If a suspect disputes being the person identified by an eyewitness and:

Eyewitness identifies or can identify suspect.

Reasonable chance eyewitness could identify suspect.

Note: witness must not have been given prior opportunity to identify suspect

Question 22

When is an identification procedure not required?

Answer 22

Suspect admits at the scene and account matches eyewitness.

Identity is not disputed (suspect already known to eyewitness).

Question 23

What are the types of identification procedures?

Answer 23

Video Identification: images shown on screen including suspect.

Identification Parade: suspect lined up with similar-looking individuals.

Group Identification: witness informally views suspect among others.

Witness Confrontation: suspect directly confronted by witness (last resort).

Question 24

How is the type of identification procedure selected (Code D, 3.14)?

Answer 24

Default: video identification, unless:

Video not practicable, or
Identification parade is more suitable.

Group ID can be used if considered more appropriate.

Question 25

Who must oversee an identification procedure?

Answer 25

Identification officer (rank of inspector or above) — must be independent from the investigation.

Question 26

Key rules for video identification (Annex A):

Answer 26

Images: suspect + at least 8 similar people (age, height, appearance). Suspect must view full set of images before shown to eyewitness. Objections by suspect must be considered and addressed if practicable. Conceal unusual features (e.g., scars, tattoos).

Question 27

Key rules for identification parade (Annex B):

Answer 27

Conducted in normal room or via screen (suspect unseen by witnesses initially). At least 8 others matching suspect’s appearance. Conceal unusual features. Speaking or movement only after basic appearance-based ID attempt.

Question 28

Key rules for group identification (Annex C):

Answer 28

With consent or covert. Takes place informally (e.g., public places like bus stations). Witness must see people resembling the suspect.

Question 29

Key rules for confrontation (Annex D):

Answer 29

Used only as a last resort. Must occur in presence of suspect’s solicitor (unless unreasonable delay).

Question 30

What is the right to silence (Police Caution)?

Answer 30

A suspect has the right to remain silent when questioned. At trial, silence may lead to adverse inferences (s.34 CJPOA 1994).

Question 31

What is the wording of the police caution (Code C, 10.5)?

Answer 31

"You do not have to say 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 32

When must the police caution be given?

Answer 32

On arrest, or Before any interview when the suspect may later be charged.

Question 33

Can the caution wording vary slightly?

Answer 33

Minor deviations allowed if meaning remains the same (Code C, 10.7).

Question 34

What is notable for cautions for juveniles or vulnerable persons?

Answer 34

Caution must be repeated in presence of an appropriate adult (Code C, 10.12).

Question 35

When can adverse inferences be drawn from silence (Argent factors)?

Answer 35

There are proceedings for an offence. Failure to mention facts occurred before charge or during questioning. Questioning was aimed at discovering offence details. Fact not mentioned is relied upon at trial. Suspect could reasonably have been expected to mention the fact.

Question 36

Can adverse inferences be drawn if no caution was given?

Answer 36

No, caution must have been given.

Question 37

What if silence was based on legal advice?

Answer 37

If reliance on advice was genuine and reasonable, no inference. If used to hide guilt or not reasonable to rely on advice, inference may be drawn.

Question 38

What counts as an interview (Code C, 11.1A)?

Answer 38

Questioning regarding involvement in a criminal offence where a caution must be given.

Question 39

What must happen before interview?

Answer 39

Solicitor must be given enough case information to advise client effectively.

Question 40

Can interviews occur before reaching the police station?

Answer 40

Only if urgent (to prevent harm, loss of evidence/property, or alerting others).

Question 41

When must an interview before charge cease? (Code C, 11.6)

Answer 41

When officer believes: All necessary questions asked. Other evidence considered. Sufficient evidence exists for realistic prospect of conviction.

Question 42

What record must be made?

Answer 42

Full, accurate record of each interview (Code C, 11.7(a)).

Question 43

Special rules for juveniles/vulnerable suspects during interview (Code C, 11.15)?

Answer 43

Cannot be interviewed or asked to provide statements without an appropriate adult.

Question 44

What are the 3 steps when starting a police interview?

Answer 44

Give the police caution. Remind the suspect of their right to legal advice. Put any significant statement or significant silence made before interview to the suspect (Code C, 11.4A).

Question 45

What must a solicitor do before the police interview?

Answer 45

Explain the interview procedure (including audio recording and seating). Advise client on options: No comment interview Prepared statement Combination of both Full answering of questions Advise on risks (e.g., adverse inferences from no comment, being ambushed with documents). Stop the interview if legal advice is needed. Warn client about police tactics aimed at eliciting a response.

Question 46

What is the solicitor’s role during the interview (Code C, 6D)?

Answer 46

Protect and advance client’s legal rights. May intervene: To seek clarification. To advise the client not to reply. To give further legal advice. May only be asked to leave if seriously obstructing the interview (e.g., answering on client’s behalf).

Question 47

What should the solicitor say at the start of interview?

Answer 47

Make an opening statement explaining: Their role. Circumstances where they may intervene.

Question 48

Who is an appropriate adult?

Answer 48

Someone providing support to: A juvenile (under 18), or A vulnerable adult (mental health condition/disorder).

Question 49

What are the duties of an appropriate adult?

Answer 49

Provide support and assistance (NOT legal advice). Conversations are not privileged. Can request a solicitor even if the suspect declines. Must be present for interview or written statement.

Question 50

Who should act as an appropriate adult (priority order)?

Answer 50

For juveniles: Parents/guardians Social worker Responsible adult unconnected to police For vulnerable adults: Relative/guardian Experienced support worker (not police) Responsible adult

Question 51

Who cannot act as an appropriate adult?

Answer 51

Solicitor acting for the suspect. Police officer or employee. Suspect, witness, or victim in the case. Anyone who received admissions from the suspect. Estranged parent.