Advising Clients about Procedure and Processes at the Police Station Flashcards
(142 cards)
1
Q
What is the significance of the police station in the investigation process?
A
It represents a critical stage of the investigation and influences the decision to charge the suspect with offences.
This stage is crucial for determining the admissibility of evidence at trial.
2
Q
What is the role of the custody officer?
A
To authorize the detention of the suspect and supervise their welfare while in police custody.
The custody officer is typically a police officer of at least sergeant rank and should not be involved in the investigation.
3
Q
What must the custody officer do upon a suspect’s arrival at the police station?
A
Open and maintain a custody record for the suspect.
This record includes key information such as the suspect’s details, reason for arrest, and rights.
4
Q
What key information is recorded in the custody record?
A
- Suspect’s name, address, and contact information
- Offence for which arrested
- Time of arrest and arrival at the police station
- Reason for ongoing detention
- Confirmation of rights and legal advice request
- Details of property and medical conditions
5
Q
True or False: The custody officer can search a suspect without any reason.
A
False.
The custody officer must have reasonable grounds to authorize a search.
6
Q
What are the grounds for detaining a suspect without charge?
A
- To secure or preserve evidence
- To obtain evidence by questioning
7
Q
What conditions must be met for the detention of a suspect?
A
Cells must be adequately heated, cleaned, ventilated, and lit, with access to meals and hygiene facilities.
Suspects should also receive appropriate clinical attention if needed.
8
Q
What rights does a suspect have while being detained?
A
- Right to have someone informed of their arrest
- Right to consult privately with a solicitor
- Right to consult the Codes of Practice
9
Q
What is the right to legal advice according to section 58?
A
A suspect has the right to consult a solicitor privately at any time while in custody.
This includes free, independent legal advice.
10
Q
Can the right to legal advice be delayed?
A
Yes, but only under limited circumstances and must be authorized by a superintendent.
The maximum delay can be 36 hours under specific conditions.
11
Q
What are the conditions under which the right to legal advice may be delayed?
A
- Interference with evidence
- Physical injury to persons
- Alerting other suspects
- Hindering recovery of property
12
Q
What must the custody officer do if the grounds for a suspect’s detention cease to apply?
A
Release the suspect immediately.
This is mandated by section 39.
13
Q
Fill in the blank: The custody record must include the reason for the suspect’s _______.
A
[ongoing detention]
14
Q
What does Code C state about the treatment of suspects in custody?
A
Suspects must be treated with respect and their rights must be clearly communicated.
This includes informing them about their rights and providing necessary care.
15
Q
What is the purpose of a detention log?
A
To record all significant events that occur while the suspect is in police custody.
16
Q
True or False: A custody officer can ask questions about a suspect’s involvement in the offence.
A
False.
The custody officer should not interrogate the suspect about their involvement.
17
Q
What was the outcome of the appeal regarding the refusal of access to a solicitor?
A
The appeal was allowed, and the conviction quashed.
The Court of Appeal set guidelines on delaying access to legal advice.
18
Q
What is the fundamental right confirmed by the Court of Appeal regarding legal advice?
A
The right to legal advice in s 58 of the Act is fundamental.
Fear of a solicitor advising against answering questions is not adequate to delay access.
19
Q
What does Section 56(1) state regarding informing someone of an arrest?
A
A person has the right to have one friend or relative informed of their arrest as soon as practicable if they request it.
This right may be delayed under certain conditions.
20
Q
Who must authorize a delay in notifying someone of an arrest?
A
An officer of at least the rank of inspector must authorize the delay.
This applies only for indictable offenses.
21
Q
What are the maximum conditions under which the police can delay notifying a person of an arrest?
A
The delay can be for a maximum of 36 hours.
The delay must be justified by reasonable grounds.
22
Q
What must the police officer believe to authorize a delay in informing someone of an arrest?
A
The officer must have reasonable grounds to believe that notifying the person will:
* lead to interference with evidence
* alert other suspects
* hinder recovery of property.
23
Q
What is the initial maximum period of detention before charge according to Section 41?
A
A person shall not be kept in police detention for more than 24 hours without being charged.
This period begins from the relevant time.
24
Q
What determines the ‘relevant time’ for the detention clock?
A
The relevant time is determined by:
* Time of arrest for those arrested at the station
* Time of arrival for those on street bail
* Time of arrival at the police station for those arrested away.
25
What is the maximum additional detention period the police can request under Section 42?
The police can extend detention up to a period of 36 hours from the relevant time.
## Footnote
This is an additional 12 hours on top of the original 24 hours.
26
What must be proven for a magistrate to grant a warrant of further detention?
The magistrate must find reasonable grounds to believe that further detention is justified to secure or preserve evidence.
## Footnote
This can result in a total of 72 hours of detention.
27
What is the mandatory requirement for detention reviews under Section 40?
Periodic reviews must be carried out to ensure grounds for detention are still applicable.
## Footnote
Failure to conduct reviews can lead to unlawful detention.
28
Who conducts the reviews of detention?
An officer of at least the rank of inspector who is not involved in the investigation conducts the reviews.
## Footnote
This officer is referred to as the 'review officer'.
29
When must the first review of detention take place?
The first review must take place no later than six hours after detention is authorized.
## Footnote
Subsequent reviews must occur at intervals of no more than nine hours.
30
What rights does a volunteer have when attending a police station?
A volunteer can leave at any time and can request a friend or solicitor to be present.
## Footnote
There is no obligation to attend as a volunteer.
31
What is the role of a solicitor at the police station?
The solicitor’s role is to protect and advance the legal rights of their client.
## Footnote
This may include advising the client not to provide evidence that strengthens the prosecution case.
32
What are the three key sources of information for a solicitor at the police station?
The three key sources are:
* The custody officer
* The investigating officer
* The client.
33
Who is the first person a solicitor is likely to speak to upon arrival at the police station?
The custody officer
## Footnote
The custody officer provides basic information about the client's detention.
34
What information can the custody officer supply to the solicitor?
Basic information about the client's detention including:
* Alleged offence(s)
* Time of detention authorization
* Significant comments made by the client
* Samples taken from the client
* Identification procedures
* Interviews that have occurred
* Client's physical or mental state
* Illness or vulnerability
* Significant items found during a search
* Details of detention reviews if applicable
35
What is the purpose of speaking to the investigating officer?
To obtain information about:
* Disclosure of the offence and supporting evidence
* Significant statements or silence from the client
* Next steps the investigation officer proposes to take
36
What does disclosure entail in the context of police investigations?
It involves providing the solicitor with sufficient information about the offence and evidence to allow for effective defence.
37
What should a solicitor do if the investigating officer refuses to disclose information?
Point out that limited disclosure prevents proper advice to the client regarding the case.
38
What must the police provide to the suspect before an interview according to para 11.1A of Code C?
Sufficient information to understand the nature of the offence and why they are suspected.
39
What should the solicitor clarify regarding their role to the client?
That they provide free, independent legal advice and have no connection with the police.
40
What details about the alleged offence should the solicitor convey to the client?
Information provided by the investigating officer about the offence and relevant substantive law.
41
What are the client's options during the police interview?
The client can:
* Answer all questions
* Give a 'no comment interview'
* Use selective silence
* Provide a written statement during a 'no comment interview'
42
What is one advantage of answering all questions in an interview?
It allows the client to put their version of events on record immediately.
43
What is a potential disadvantage of answering all questions in an interview?
The client may inadvertently say something incriminating or undermine their credibility.
44
What should the solicitor consider regarding police disclosure when advising the client?
Whether the police have provided sufficient disclosure of evidence for the client to answer all questions.
45
What is the solicitor's responsibility if the client wishes to give a 'no comment interview'?
Prepare a written statement to hand to the police to put the defence 'on record'.
46
What role does the solicitor play during the police interview?
To advise the client on whether to answer questions and how the interview will be conducted.
47
What should the solicitor do if the client is emotionally vulnerable?
Be cautious and consider the client's emotional state when advising them.
48
True or False: The custody record can only be accessed by the client.
False
## Footnote
A legal representative or appropriate adult can request a copy of the custody record.
49
What is the primary concern for solicitors regarding police disclosure during client interviews?
The police may hold back information, leading to the client being caught off-guard during questioning.
## Footnote
This tactic can result in the client inadvertently incriminating themselves.
50
What is a potential risk for clients who choose to answer questions during police interviews?
They may unknowingly provide evidence that could be used against them, especially if the police have not fully disclosed their case.
## Footnote
This risk increases if the police have evidence not shared with the solicitor.
51
What is one advantage of a client remaining silent during a police interview?
It prevents the risk of self-incrimination or giving the police additional evidence.
## Footnote
Remaining silent can lead to the client being released if the case is weak.
52
What is a disadvantage of giving a 'no comment' interview?
The court may draw adverse inferences from the client's silence if they later raise a defense at trial.
## Footnote
This is governed by sections 34, 36, and 37 of the CJPOA 1994.
53
When might a solicitor advise a client to give a 'no comment' interview?
When the client admits guilt, the case against them is weak, or the police have not disclosed adequate evidence.
## Footnote
This advice is crucial to protect the client from making damaging admissions.
54
What factors might lead a solicitor to recommend silence during an interview?
Factors include:
* Lack of police disclosure
* Risk of ambush by police
* Insufficient evidence against the client
* Physical or mental unfitness
* Psychological vulnerability
* Complexity of the case
* Absence of a viable defense
* Personal reasons for silence
55
What should a prepared written statement contain?
It should set out the client's defense clearly and in their own words, covering all facts relied upon at trial.
## Footnote
This helps avoid adverse inferences under s 34 of the CJPOA 1994.
56
When should a written statement be handed to the police?
It can be handed in during the interview, prior to charge, or retained on file until needed.
## Footnote
Timing is crucial to avoid giving police additional information that may lead to charges.
57
What is selective silence and why should it be avoided?
Selective silence involves answering some questions but not others, which can make the client appear to have something to hide.
## Footnote
This tactic may harm the client's credibility at trial.
58
What are the potential consequences of not disclosing a written statement to the police?
It may prevent adverse inferences of recent fabrication but can lead to other adverse inferences about the client's confidence in their defense.
## Footnote
This tactic must be carefully considered by the solicitor.
59
What is the conclusion regarding the advice solicitors give about police interviews?
Providing correct advice on whether to answer questions is one of the hardest tasks for solicitors.
60
What is a potential issue if a client changes their account of events?
The solicitor may mislead the court by allowing a positive defence they believe to be untrue.
## Footnote
This highlights the ethical dilemma a solicitor faces in such situations.
61
Why is it difficult for a defence solicitor to advise a client on whether to answer questions during a police interview?
There are numerous considerations that need to be taken into account.
## Footnote
These considerations can significantly impact the outcome of the client's case.
62
What can be the outcome of giving the correct advice in a police interview?
It can have a significant impact on the outcome of a client’s case.
## Footnote
The right advice can influence the direction and consequences of legal proceedings.
63
True or False: A solicitor can continue to represent a client if they believe the new account is untruthful.
False.
## Footnote
Continuing representation under such circumstances can lead to ethical issues.
64
Fill in the blank: Giving the correct advice to a client on whether or not to answer questions in an interview at the police station is one of the ______ tasks a defence solicitor will face.
hardest
## Footnote
This emphasizes the complexity and responsibility involved in legal defence.
65
66
What must happen once the custody officer has authorized the detention of a suspect?
The investigating officer will take steps to further the investigation, which may include conducting an audibly recorded interview, arranging an identification procedure, taking fingerprints, and taking samples from the suspect.
67
What are the requirements for interviews under Codes C and E?
Interviews must be audibly recorded and comply with procedures outlined in Code E.
68
How is the audio recording of the interview typically managed?
The interview is recorded on two or three tapes/discs or as one digital recording; the master tape/disc is sealed and can only be opened at trial if there's a dispute.
69
What is defined as an interview according to paragraph 11.1A of Code C?
The questioning of a person regarding their involvement or suspected involvement in a criminal offence, which must be carried out under caution.
70
Under what circumstances should a suspect not be interviewed?
If they appear unable to appreciate the significance of questions or their answers, or if they are affected by drink, drugs, or any condition.
71
What is the general position regarding interviewing a suspect before they receive legal advice?
A suspect requiring legal advice should not be interviewed until such advice has been received.
72
What are some exceptions that allow police to interview a suspect before they receive legal advice?
* Delay of up to 36 hours for legal advice
* Solicitor's attendance may cause unreasonable delay
* Solicitor cannot be contacted or has declined to attend
* Suspect changes their mind about wanting legal advice
73
What must the police officer do when interviewing a suspect who has changed their mind about legal advice?
An inspector or above must ensure the suspect's reasons are recorded and that the suspect confirms in writing their wish to proceed without legal advice.
74
What is the wording of the caution given to a suspect at the start of the interview?
You do not have to say anything, but anything you do say may be given in evidence.
75
What is a significant statement?
A statement capable of being used in evidence against the suspect, particularly a direct admission of guilt.
76
What is a significant silence?
A failure or refusal to answer a question satisfactorily under caution, which may lead to adverse inferences at trial.
77
When must an interview cease according to Code C?
When all relevant questions have been asked, or if there is sufficient evidence for a realistic prospect of conviction.
78
What are the requirements for breaks during interviews?
Suspects must have at least eight continuous hours of rest in any 24-hour period, with breaks at mealtimes and every two hours for refreshments.
79
What role does the solicitor play in preparing a client for an interview?
The solicitor explains the procedure, warns about police tactics, and ensures the client's interests are protected during the interview.
80
True or False: An officer may use oppression to obtain answers from a suspect during an interview.
False
81
What must be recorded at the start of each police interview?
The caution and that the suspect is entitled to free and independent legal advice.
82
What happens if the police fail to address a significant statement or silence at the start of the interview?
The statement or silence may be ruled inadmissible at trial.
83
Fill in the blank: The police must not indicate what action will be taken by the police if the person being questioned _______.
[answers questions or makes a statement]
84
What can a client do if they require further legal advice during an interview?
The client can ask for the interview to be stopped for legal advice.
85
What should a client say if they choose to remain silent during the interview?
They should use the phrase 'no comment' in response to questions.
86
What tactics might the police use to get a client to talk?
The police may:
* Ask innocuous questions unrelated to the offence
* Suggest the legal advice from the solicitor is incorrect
* Warn of adverse consequences for not answering.
87
What should a solicitor advise a client who is to remain silent during the interview?
The solicitor should advise the client to ignore police tactics and maintain silence.
88
What is the role of the solicitor during the police interview?
To protect the client's interests and intervene when necessary.
89
What should the solicitor do if they consider the police questioning inappropriate?
The solicitor may intervene to object or give further advice.
90
When can a solicitor be removed from the interview?
A solicitor can be removed if their conduct prevents proper questioning.
91
What is a key responsibility of the solicitor regarding seating arrangements in an interview?
The solicitor must ensure they sit beside the client to maintain eye contact.
92
What should a solicitor include in their opening statement at the start of the interview?
The solicitor should explain their role and intent to protect the client's rights.
93
What should a solicitor do if a client admits guilt but wants to deny it in the interview?
The solicitor cannot represent the client if they intend to mislead the police.
94
What should happen if a conflict of interest arises between two suspects?
The solicitor should decline to act for one suspect and inform the police.
95
What must a solicitor do if they have a conflict of interest after seeing both suspects?
The solicitor must withdraw from the case completely.
96
Under what conditions can a solicitor disclose information from one client to another?
If the other client consents, both clients have consistent instructions, and it's in their best interests.
97
What should a solicitor do if another solicitor requests details of their client's defense?
The solicitor should not disclose information unless it is in their client's best interests.
98
What should a solicitor do if the client insists on giving false information in the interview?
The solicitor should decline to act further on the client's behalf.
99
What is a stock phrase for clients who choose to remain silent?
'No comment'.
100
What may occur if a client acts hostile during the interview?
It may affect their credibility in court.
101
What should a solicitor do if the police employ oppressive tactics?
The solicitor should intervene to protect the client's rights.
102
What is the primary duty of a solicitor regarding confidentiality?
To maintain the confidentiality of their clients.
103
What should a solicitor remember about the client's behavior during the interview?
To monitor for signs of fatigue, confusion, or frustration.
104
What should a solicitor do when asked for details of their client’s defence by another solicitor representing a co-accused?
Treat the request with caution and not disclose any information unless in the client's best interests.
## Footnote
Disclosure should be rare and requires the client's authority, ideally in writing.
105
What is the solicitor’s duty of disclosure to a client?
To make the client aware of all material information of which the solicitor has knowledge.
## Footnote
This duty is outlined in para 6.4 of the SRA Code of Conduct.
106
What are the exceptions to a solicitor's duty of disclosure?
* Disclosure prohibited by national security or crime prevention
* Client gives informed consent (in writing) to not disclose
* Serious injury risk to client or others if disclosed
* Information in a mistakenly disclosed privileged document
## Footnote
These exceptions limit when a solicitor can withhold information.
107
In the example provided, what should the solicitor explain to DC Edwards?
The solicitor is required by their professional code of conduct to disclose all relevant information to their client.
## Footnote
The solicitor should also try to persuade the officer to disclose the information directly.
108
What steps should a solicitor take when withdrawing from acting for a client?
* Explain to the client why they can no longer represent them
* Inform the client of their right to free legal advice from another solicitor
* Maintain an ongoing duty of confidentiality
* Notify the custody officer of their inability to act without disclosing the reason
## Footnote
This process ensures professional conduct and confidentiality is upheld.
109
What is the age range for juveniles as defined in the context of vulnerable suspects?
Aged between 10 and 17 inclusive.
## Footnote
Police should treat anyone who appears to be under 18 as a juvenile.
110
What conditions classify a suspect as potentially vulnerable apart from being a juvenile?
* Suffering from a mental health condition or disorder
* Deaf, unable to speak, or blind
* Cannot speak or understand English
111
What must be arranged for a girl under the age of 18 while detained in a police station?
She must be under the care of a woman.
## Footnote
Reference: Code C, para 3.20A.
112
Who must be informed when a juvenile is arrested?
The person responsible for their welfare.
## Footnote
This includes parents, guardians, or appointed persons from local authorities.
113
What is the role of the custody officer regarding communication for suspects who do not speak English?
Obtain an interpreter or someone to assist with communication.
## Footnote
Reference: Code C, para 3.12.
114
Who may act as an appropriate adult for a juvenile?
* Parent or guardian
* Social worker from local authority
* Another responsible adult aged 18 or over
115
What is a key responsibility of an appropriate adult at a police station?
To support, advise, and assist the suspect during questioning.
## Footnote
They ensure the suspect understands their rights.
116
True or False: An appropriate adult can provide legal advice to a suspect.
False.
## Footnote
An appropriate adult's role is to assist but not to provide legal advice.
117
What should happen if a juvenile is cautioned without the presence of an appropriate adult?
The caution must be repeated in the appropriate adult’s presence.
## Footnote
Reference: Code C, para 10.12.
118
What additional provisions must be followed for identification procedures involving juveniles?
* Consent must be obtained from the juvenile and their parent/guardian if aged 14 or over.
* For those under 14, consent must be obtained from the parent/guardian.
119
What is a community resolution in the context of juvenile offences?
A non-statutory disposal for resolving minor offences through informal agreement.
## Footnote
Aimed at first-time offenders and will not form part of the criminal record.
120
What conditions must be met for a youth caution to be offered?
* Sufficient evidence to charge
* Offender admits to the offence
* Not in public interest to prosecute
121
What are the requirements for a youth conditional caution?
* Sufficient evidence for a realistic prospect of conviction
* Offender must admit to committing the offence
122
Fill in the blank: The police must ensure that a _______ is present if a juvenile is being interviewed.
appropriate adult
123
What should the custody officer explain to a juvenile in the presence of the appropriate adult?
The juvenile's rights while at the police station.
## Footnote
Reference: Code C, para 3.17.
124
What is the role of the appropriate adult during an interview?
* Advise the person being interviewed
* Observe the interview's fairness
* Facilitate communication
125
What should happen if the conduct of an appropriate adult obstructs proper questioning?
The interview may continue without the appropriate adult.
## Footnote
An officer not below superintendent rank must be consulted.
126
What must officers do if the appropriate adult is deemed to obstruct questioning?
Stop the interview and consult a higher-ranking officer.
127
What is required for a youth caution to be given to a person aged 17 or under?
It must be given in the presence of an appropriate adult.
128
What must the police consider before determining the availability of a caution?
The seriousness of the offence.
129
What Act introduced youth conditional cautions?
Criminal Justice and Immigration Act 2008.
130
What section was inserted into the CDA 1998 to establish youth conditional cautions?
Section 66G.
131
List the requirements that must be met before giving a youth conditional caution.
* Sufficient evidence against the offender for a realistic prospect of conviction
* Determination that a youth conditional caution should be given
* Offender admits to committing the offence
* Effect of the caution explained, with a warning about non-compliance
* Offender signs a document containing details of the offence and conditions.
132
What objectives can conditions attached to a youth conditional caution have?
* Rehabilitation
* Reparation
* Punishment.
133
What is the maximum completion period for conditions attached to a summary-only offence?
16 weeks from the date of the original offence.
134
What is the maximum completion period for conditions attached to indictable-only offences?
20 weeks, depending on the case facts.
135
What role does a solicitor play when advising a client about youth cautions?
Identifies eligibility for cautions and explains consequences.
136
True or False: Accepting a youth caution results in a criminal conviction.
False.
137
What are the advantages of accepting a youth caution?
* Avoids being charged with the offence
* Not a criminal conviction.
138
What are the consequences of accepting a youth caution?
* Record retained by police
* Forms part of the criminal record
* May be disclosed to employers.
139
What must the police do after giving a youth caution?
Refer the client to the appropriate Youth Offending Team.
140
What can happen if a client fails to comply with conditions of a youth conditional caution?
Prosecution for the original offence.
141
How can youth cautions be cited in criminal proceedings?
Similar to how a conviction may be cited.
142
What register will a client be placed on if the offence is covered by Part 2 of the Sexual Offences Act 2003?
Sex offenders register.
