Police Powers

Question 1

What is the general action following arrest?

Answer 1

A person arrested should be taken to a police as soon as practicable.
EXCEPTIONS to immediately taking them if where its necessary to carry out such investigations as its reasonable to carry out straight away
Can be taken to any – EXCEPT were expected to be detained more than 6 hours – then to a designated one.
Instead of going to police station – can be granted bail to go to police station later – STREET BAIL

Question 2

Who is a custody officer?

Answer 2

RANK of at least SEARGANT must authorise detention
- Reason for arrest explained to custody officer – who can authorise detention – MUST RELEASE IF reasons for detention cease to exist
- If custody officer not available – may be performed by another officer who is NOT INVOLVED

Question 3

Role of the custody officer?

Answer 3

• Authorise detention
• Open a custody record
• Inform of reason of their arrest
• Inform of reason of detention
• Advise on rights
• • must also as caring for welfare
• Conduct a risk assessment for each detainee
• Make special arrangements if necessary

Question 4

What is the custody record?

Answer 4

• All information required under COP C must be recorded in it
• Basic information
• Requirement to inform person of the reason for his arrest
• Circumstances of arrest

Question 5

When should reviews of detention occur?

Answer 5

review officer must be satisfied that detention is still necessary. MUST BE AN OFFICER OF AT LEAST INSPECTOR and not custody officer.
- S40 stipulates that first review will take place NOT MORE THAN 6 HOURS after first AUTHORISED and then periodically every 9 hours after. -every time – reminded of right to free legal advice and given right to make representations.

Question 6

Detention time limits and powers to extend?

Answer 6

• Under s41 PACE – maximum time kept in custody is 24 hours
• Relevant time is from moment taken into police station
• Before 24-hour time limit – must either be charged or released

EXTENTION
– extend a further 12 hours taking it to a maximum of 36 hours from relevant time
- authorisation to extent must be given before expiry of initial 24 hours BUT after second review has occurred.
- Grounds for extension must be explained

AT LEAST A SUPERINTENDENT
- WHO has reasonable ground for believing its necessary to secure or preserve evidence
- Must be an indictable offence

EXTEND BEYOND THAT 12 HOURS
- Must apply to magistrates for warrant under ss4 and 44 PACE
- Can authorise for another 36 hours.
- Same criteria as above

Question 7

Right to consult a solicitor?

Answer 7

Person must be told of this right again before
- Commencement or recommencement of interview
- Intimate sample
- Intimate drug search
- Identification parade

If initially declines and then wants – interview should be ceased and start again

Question 8

When can right to solicitor be extended?

Answer 8

• If suspect is interviewed before able to consult with lawyer – restriction on drawing adverse inferences
  Indictable offence so either way offence included
• Authority to delay is granted in writing by at least superintendent IN WRITING

DELAY A MAXIMUM OF 36 HOURS altogether from arriving at police station.

Question 9

Right to have someone informed of arrest?

Answer 9

As soon as practicable, - Exercised every time taken to a new police station.

Power to delay this right?
- Must be indictable offence
- Authority to delay is granted in writing
- Inspector has reasonable grounds to believe that it will lead to same
- Cannot be more than 96 hours altogether.
- Start at relevant time – time of ARRIVAL TO POLICE STATION

Question 10

Treatment of suspects?

Answer 10

• Cells must be adequately heated, or ventilated
• Bedding must be supplied
• Toilet and washing facilities made available

Question 11

Interviews

Answer 11

• Interviews MUST be carried out under caution
• ‘You do not have to say anything, but it may harm defence if you do not mention something which you later rely on in court’

Question 12

Police officer rankings?

Answer 12

• Constable
• Sergeant
• Inspector
• Chief inspector
• Superintendent
• Chief superintendent

Question 13

Investigation officer

Answer 13

can be an officer of any rank
Usually, the officer who is in charge of investigating that particular offence
Is the officer the solicitor would speak to
Most likely to lead interview

Question 14

Disclosure

Answer 14

• A significant statement
  o One capable of being used in evidence – direct admission of guilt
• Custody record
  IF NOT GIVEN ENOUGH INFO - CANNOT DRAW INFERENCES

Question 15

Fitness for interview?

Answer 15

• No person should be if unable to understand significance of questions or intoxicated
• But officer of rank of superintendent can authorise an interview in these circumstances

Question 16

Role of solcitor?

Answer 16

• Obtain pre-interview disclosure
• Role of solicitor is to protect clients’ interests
• Should intervene if evidence is referred that was not disclosed before interview
• Must stop inappropriate questioning techniques
• Misrepresenting information
• Hypothetical questions

Question 17

Solicitor and formulating advise?

Answer 17

• SHOULD NOT BREACH PROFESSIONAL CONDUCT by – taking instructions for a relative or third party or two clients in relation to same matter when one client blames the other

Options in an interview
- answer questions
- don’t answer
- provide a written statement and go no comment - - Difficult to ensure sufficient info is contained in statement as any fact later relied on could still attract an adverse inference.

anything a client says can be used in evidence
whilst a client is entitled to remain silent in an interview the lawyer must explain the consequences of any silence – drawing adverse inferences

Question 18

Adverse inferences?

Answer 18

3 inferences can be drawn under the criminal justice and public order act1994
- S34 – if a fact is later relied on at trial and it would have been reasonable to mention it now
o Court does not have to draw an inference but it has to be proper
o Suspect must be cautioned – if not no inference.
o Reasonable to have mentioned it – should be construed widely
-  What disclosure had been made to suspect
 What information the prosecution can demonstrate the suspect knew at the time
 Any legal advice the suspect has received
 The condition of circumstance of the suspect

• S36 – failure to account for a mark or substance
• S37 – failure to account for presence at scene
  o Under s36 or 37
  o They arise as soon as there is a failure by defendant to account for their possession of objection in question or presence. – NOT A REQUIREMENT THAT IT IS LATER RELIED UPON.
  o BUT MUST RECEIVE A SPECIAL WARNING

Question 19

Visual identification investigative stage

Answer 19

When identification is disputed – can be proved in many ways

Visual identification from an eye witness
Special need for caution
Reliability of eye witnesses has attracted concern from legal professionals
Safeguards were introduced

Investigation stage - PACE COP D

In cases where suspects identity is not known to police – they eye-witness
- May be taken to a particular neighbourhood to see if they can identify
- Can be shown photos in accordance with code d
In cases where suspect is known
- Duty to hold identification procedures

Identification procedure
- Video identification – moving images of a known suspect with similar images
o Shall be invited unless its not practicable or a parade is more suitable
- If suspect refuses can consider alternatives - BUT DO NOT HAVE TO
o Formalities
o A record shall be made of description first given
o A copy of record shall be given to solicitor before any identification procedure carried out
o A notice must be given to suspect and it must be explained what
o The purpose of procedure
o Entitlement of free legal advice
o Formalities
o A record shall be made of description first given
o A copy of record shall be given to solicitor before any identification procedure carried out
o A notice must be given to suspect and it must be explained what
o The purpose of procedure
o Entitlement of free legal advice

IF NOT - can do identification parade - or group identification

• If there has been a breach of code d remedy is for defendant to apply to exclude evidence obtains in breach of s78
• Does not automatically exclude – up to judge to determine if there has been significant prejudice to the accuses, and if it would have an adverse effect on the fairness of proceedings that the court ought not to admit it.

Question 20

Commencing criminal proceedings

Answer 20

• Exercise powers under power of director of public prosecutors
• DPP may delegate powers to agents who are lawyers with rights of audience. Crown prosecutors exercise power of DPP.
  Arrest and charge
• Most common way
  Written charge and requisition
• Created by s29 criminal justice act
• A public prosecutor may commence proceedings by issuing a written charge charging that person with an offence.
• Only available to relevant prosecutors
• Must contain
• A statement of offence in ordinary language
• A reference to statutory provisions that creates the offence
• Sufficient particulars of the conduct complained of for the accused to know what is alleged
  A summons or requisition must
• Contain a notice setting out when and where the required to attend court specify each offence in respect of what has been issued
• Only exception is s127 Magistrates Court Act 1980 – where its summary only shall not hear it unless made within 6 months
• No time limit for indictable offences