Advising Clients at the Police Station

Question 1

Rank the police officers from lowest to highest

(clues: there’s 9 ranks in total, start and end with ‘C’s)

Answer 1

1. Constable
2. Sergeant
3. Inspector
4. Chief Inspector
5. Superintendent
6. Chief Superintendent
7. Assistant Chief Constable
8. Deputy Chief Constable
9. Chief Constable

Question 2

Which type of people interviewed at a police station are entitled to free, private legal advice any time during detention?

Answer 2

All persons

Question 3

What are the 3 requirements for access to legal advice to be delayed?

Answer 3

1. Suspect arrested on indictable/either way offence
2. Superintendent or above has authorised delay in writing
3. Officer has reasonable grounds that the exercise of the right will interfere with evidence, others, alert other suspects, or hinder recovery of property

Question 4

What is the maximum length of time that access to legal advice can be delayed?

Answer 4

36 hours

Question 5

All persons arrested have the right to have someone _______ of their arrest

Answer 5

Informed

Question 6

What is the maximum length of time that S’s right to someone being informed of their arrest can be delayed?

Who can approve this delay?

Answer 6

36 hours

An officer of Inspector rank or above

(remember: Inspector for inform)

Question 7

Under the basic rule, how long after S has entered a police station can they be kept in custody without being charged?

Answer 7

24 hours

Question 8

Can an extension to the 24 hours of holding a suspect be extended for any offence? Why/why not?

Answer 8

No - extensions cannot be authorised for summary only offences

Question 9

The time in which S can be held without being charged can be extended by how many hours and on which officer’s approval?

Answer 9

12 hours

An officer of Superintendent rank or above

Question 10

What are 3 requirements for a superintendent to be able to extend time S is held in custody by 12 hours without charge?

Answer 10

1. Indictable or either way offence
2. Secure/preserve evidence or obtain evidence by questioning; and
3. Investigation is being conducted diligently and expeditiously

Question 11

On first application for a warrant, Magistrates Court may authorise holding the suspect for an additional __ ______ and on second application, an additional __ ______

Answer 11

36 hours, 24 hours

Question 12

If all applicable extensions are granted, how long can S be held in custody for an either way/indictable only offence without being charged?

Answer 12

96 hours (or 4 days)

Question 13

What are 3 situations in which an identification procedure must be held?

Answer 13

1. W identified/purported to ID a suspect
2. W expresses ability to ID a suspect
3. Reasonable chance of W being able to ID a suspect

Question 14

What 3 rights does a suspect have under an identification procedure?

Answer 14

1. Explanation of the procedure
2. Free legal advice
3. Solicitor/friend present at procedure

Question 15

An identification procedure may not serve a useful purpose in a case if a suspect is _____ to the witness

Answer 15

Known

Question 16

Although S is not required to co-operate with an ID procedure, it can still be held _______ and failure to cooperate could be ______ __ _____

Answer 16

covertly, raised at trial

Question 17

What are the 4 types of identification procedures under Code D of PACE?

Answer 17

1. Video identification
2. Identification parade
3. Group identification
4. Confrontation

Question 18

Give 4 features of video identification

Answer 18

1. Consists of moving images of suspects
2. At least 8 others shown (so 9 in total)
3. Others should be similar in appearance to S
4. Concealment of distinguishing features of all present (e.g. tattoos, scars)

Question 19

How many times must W be shown the moving images from a video identification?

Answer 19

At least twice

Question 20

Identification parade: S and at least _ others who ______ S appear in a line

Answer 20

8, resemble

Question 21

Group identification: W sees S in an ______ group, with or without S’s _______

Answer 21

informal, consent

Question 22

What are three features of confrontation (a 1-on-1 identification)?

Answer 22

1. S solicitor or friend may be present
2. S should not be restrained
3. W is asked if S is the person they saw

Question 23

W must be warned that S might not be present in all procedures except for…

Answer 23

group identification

Question 24

What are 4 possible objections to including identification procedure evidence?

Answer 24

Failure to:
1. Account reasonable objections to appearance of others
2. Keep Ws away from S before/during procedure
3. Keep Ws apart before/during procedure
4. Warn Ws that S might not be shown

Question 25

What is the test for the exclusion of identification evidence from trial if there is a breach of the ID Procedures under Code D of PACE?

Answer 25

s78 PACE - The court have discretion to exclude the evidence if its admission would have an adverse effect on the fairness of proceedings

Question 26

Must interviews of suspects by police officers at a police station be recorded?

Answer 26

Yes

Question 27

Who is S entitled to have present during an interview?

Answer 27

Legal representative

Question 28

Can S request legal advice prior to an interview?

Answer 28

Yes

Question 29

What 2 rights do S's legal representative have?

Answer 29

1. View S's custody record 2. Obtain sufficient information

Question 30

What 4 things must be included in a caution given to S at the start of their interview?

Answer 30

1. S has a right to a legal rep 2. Right to remain silent 3. Anything said can be used against them at trial 4. Failing to mention/account for something which they later rely on in court may result in adverse inference being drawn

Question 31

Can failure to give the required cautions to S result in the evidence obtained during the interview being excluded at trial?

Answer 31

Yes

Question 32

What are S's three options in their approach to an interview?

Answer 32

1. Answer questions 2. Decline to answer questions 3. Provide a written statement setting out their account and decline further questions

Question 33

Which 2 type of people who may be classed as vulnerable suspects?

Answer 33

1. Under 18s 2. Those with mental disorders

Question 34

Who are vulnerable suspects entitled to have present with them during questioning?

Answer 34

An appropriate adult not affiliated with the police

Question 35

Give 3 examples of an appropriate adult

Answer 35

1. Suspect's parent/guardian 2. Social worker 3. Volunteer not affiliated with the police

Question 36

During an interview, a solicitor may intervene to seek ________ or advise their client, but must not ______ the interview

Answer 36

clarification, obstruct

Question 37

Who can a solicitor be removed by if they obstruct a police interview?

Answer 37

Superintendent

Question 38

After the interview, the custody officer will decide if S should be remanded in ______ and produced at court, or remanded on _____ to appear at court at a set date

Answer 38

custody, bail