Chapter 2: Advising Clients at the Police Station

Question 1

What are the 9 ranks of police officers from low to high?

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

For how long can a person be kept in police detention without being charged?

Answer 2

24 hours. This begins from the ‘relevant time’

Question 3

When will the detention time limit start if a person voluntarily attends the police station and is then arrested?

Answer 3

The time of the arrest

Question 4

When will the detention time limit start if a suspect has been arrested away from a police station?

Answer 4

The time that they arrive at the police station

Question 5

A person under arrest has a right to legal advice at any time during their detention. When can access be delayed?

Answer 5

1. The suspect is arrested on an indictable only or either way offence;
2. A superintendent or above has authorised the delay in writing; and
3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects or hindering the recovery of property related to the offence.

Question 6

For how long can the right to legal advice be delayed?

Answer 6

36 hours

Question 7

A person under arrest has a right to have someone informed of their arrest. When can this be delayed?

Answer 7

1. The suspect is arrested on an indictable only or either way offence;
2. An inspector or above has authorised the delay in writing; and
3. The officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects or hindering the recovery of property related to the offence.

Question 8

For how long can the right to have someone informed of arrest be delayed?

Answer 8

36 hours

Question 9

What are the custody time limits?

Answer 9

General rule = 24 hours from relevant time

First extension = 12 hours (36 hours total) - granted by superintendent or above

Second extension = 36 hours (72 hour total) - granted by Magistrates on first application

Third extension = 24 hours (96 hour total) - granted by Magistrates on second application

Question 10

Who can authorise a 12 hour extension to increase the custody time limit to 36 hours?

Answer 10

A superintendent or higher, but only if:

1. The suspect is arrested on suspicion of an indictable only or either way offence.
2. The office has reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning
3. The investigation is being conducted diligently and expeditiously

Question 11

Who can authorise a 36 hour extension to increase the custody time limit to 62 hours?

Answer 11

The Magistrates Court (first application)

Question 12

Who can authorise a 24 hour extension to increase the custody time limit to 96 hours?

Answer 12

The Magistrates Court (second application)

Question 13

When will the Magistrates’ Court authorise further detention (36 hour extension and 24 hour extension)?

Answer 13

1. The suspect is arrested on suspicion on an indictable or either way offence
2. The Court has reasonable grounds further detention is necessary to secure or preserve evidence or obtain evidence by questioning

Question 14

What is a detention review?

Answer 14

Police must carry out periodic reviews of suspect’s detention to ensure the grounds upon which detention initially authorised are still applicable.
Mandatory requirement. If not carried out, detention is unlawful and amounts to false imprisonment

Question 15

Who carries out detention reviews?

Answer 15

An officer at least of the rank inspector who is not directly involved in the investigation

Question 16

How often should detention reviews take place?

Answer 16

The first review must take place no later than 6 hours after custody officers first authorised detention (note: NOT six hours after arriving at station)
The second review must take place no later than 9 hours after first review.
Subsequent reviews must take place at intervals of not more than 9 hours

Question 17

Which three circumstances require that an identification procedure is held?

Answer 17

1. Witness has identified or purported to identify a suspect.
2. Witness expresses an ability to identify a suspect.
3. There is a reasonable chance of an eyewitness being able to identify a suspect.

Question 18

Does a suspect need to cooperate with an identification procedure?

Answer 18

The suspect need no cooperate, but a procedure may be conducted covertly and the failure to cooperate may be raised at trial

Question 19

Can a suspect change their appearance between notification and conduct of the procedure?

Answer 19

If a suspect changes their appearance, it may affect the conduct of the procedure and can be raised at trial

Question 20

Can a suspect have a friend or solicitor present during an identification procedure?

Answer 20

Yes, a suspect can have a solicitor or friend present

Question 21

What are the four types of identification procedure?

Answer 21

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

Question 22

If a witness is to be shown a photograph, what must first be done?

Answer 22

The witness’ first description of the witness must be recorded

Question 23

If a witness is to be shown a photograph, how many must be shown?

Answer 23

The witness must be shown at least 12 photographs at a time and, as soon as the witness makes a positive identification, no further photographs should be shown. If the suspect is positively identified, the witness should then be asked to take part in an identification procedure

Question 24

What is video identification?

Answer 24

• Moving images of suspect and 8 or more others (9 total)
• Others must be similar in appearance
• Distinguishing features must be concealed
• Suspect and solicitor must have chance to raise reasonable objections
• Videos must be shown at least twice
• Must be a warning suspect may not appear
• Multiple witnesses must be separated

Question 25

If there are two suspects of roughly similar appearance, how many other people must be shown in video identification?

Answer 25

At least 12 other people

Question 26

If a witness has seen a video where concealment or replication has been used and wants to see the unedited images, will they be allowed to?

Answer 26

Yes

Question 27

Is there a limit on the amount of times that a witness can see an identification video?

Answer 27

No

Question 28

What is an identification parade?

Answer 28

- The suspect and 8 or more others (9 total) resembling the suspect appear in a line - Suspect can choose position in line - Witness must be warned suspect may not appear - Witnesses should be kept separate - Parade should be recorded or colour photographed

Question 29

In an identification parade, how many times must a witness look at each member before they are able to take a decision?

Answer 29

At least twice

Question 30

Can a witness ask members to speak, move or adopt a particular posture at an identification parade?

Answer 30

Yes, but they should be asked whether they can identify a person on the basis of appearance only. They should also be advised that participants have been chosen on physical appearance only

Question 31

What is group identification?

Answer 31

- Witness sees suspect in informal group - Can take place with or without suspect's consent - Colour photograph or video should be taken immediately after identification

Question 32

What is confrontation?

Answer 32

- Witness asked *"is this the person you saw earlier?"* - Witness must be warned suspect may not be present - Suspect's solicitor or friend may be present

Question 33

What are four common objections to video identification?

Answer 33

1. Failure to take account reasonable objections to appearance of others in parade 2. Failure to keep witness away from suspect before or after identification 3. Failure to keep witnesses apart 4. Failure to warn witnesses that suspect may not be shown

Question 34

Who is responsible for running an identification procedure?

Answer 34

An officer not below the rank of inspector who is not involved in the investigation. An investigating officer CANNOT have any involvement in the conduct of the identification procedure

Question 35

Do police interviews need to be recorded?

Answer 35

Yes, there must be an audio recording and may also include a video recording

Question 36

If suspect appears unable to appreciate significance of questions being asked of them (due to intoxication or another condition), should the interview proceed?

Answer 36

No

Question 37

If a legal representative is advising a suspect at the police station, they will inspect the custody record and request disclosure prior to the interview. Must disclosure be provided?

Answer 37

There is no duty to provide disclosure of evidence. However, the police must provide sufficient information for the representative to understand the nature of the offence and why the detainee is under suspicion

Question 38

If a suspect fails to mention something something which they later rely on in court and it could reasonably have been expected to be mentioned in the interview, can an inference be drawn?

Answer 38

Yes, an adverse inference can be drawn and the detainee should be advised of the same before the interview

Question 39

What is the consequence of the police failing to advise a detainee of their right to remain silent and providing a caution?

Answer 39

The interview may be excluded from evidence at trial

Question 40

What is the special caution?

Answer 40

- If a detainee fails to account for their presence at the scene of an offence or an object, substance or mark found on the detainee at the time of their arrest, an adverse inference may be drawn. - In such circumstances, the interviewing officer must warn an adverse inference may be drawn if they fail to provide an account now which they later rely on in court

Question 41

Which three options does a suspect have in interview?

Answer 41

1. Answer questions 2. Decline to answer 3. Hand in written statement setting out their account and decline to answer any further questions

Question 42

What are vulnerable suspects?

Answer 42

1. Persons under 18 2. Suspects with mental disorders

Question 43

Whose responsibility is it to identify vulnerable suspects?

Answer 43

The custody officer at the beginning of a suspect's detention

Question 44

What are vulnerable suspects entitled to?

Answer 44

An appropriate adult i.e. a person not affiliated with the police

Question 45

If a suspect is vulnerable and an appropriate adult was not called in, will evidence be admissible?

Answer 45

Any such evidence **may** be excluded

Question 46

When appointing an appropriate adult, is it necessary to take into account the wishes of the suspect? E.g. If they'd rather have a support worker and not their mother

Answer 46

Yes

Question 47

Interviewing officers must ensure not to conduct the interview by use of oppression. What is this?

Answer 47

Torture, inhumane or degrading treatment and the use of threat or violence

Question 48

Interviewing officers must ensure not to conduct the interview by use of inducement. What is this?

Answer 48

There should be no inducements to confess e.g. a promise of a police caution or bail if a confession is made

Question 49

Who makes the decision whether a suspect can be remanded on bail after they have been charged?

Answer 49

The custody officer will make this decision based on submissions by the defence representative

Question 50

Can any amount of officers be in the room during an interview?

Answer 50

No, care should be taken not to have too many officers in the room

Question 51

A solicitor must not obstruct the conduct of an interview. What would constitute obstruction?

Answer 51

Telling the suspect what to say or answering on the suspect's behalf

Question 52

If a solicitor obstructs an interview, can they be removed?

Answer 52

Yes, but this must be authorised by a superintendent

Question 53

Who makes the decision whether a suspect can be remanded on bail after they have been charged?

Answer 53

The custody officer will make this decision based on submissions by the defence representative

Question 54

Does a solicitor have a righ to inspect a suspect's custody record?

Answer 54

Yes, Code C of the Police and Criminal Evidence Act Code of Practice creates a right for the solicitor to inspect the custody record upon arrival at the police station and at ANY other time whilst the suspect is in custody

Question 55

A suspect can change their mind about wanting legal advice but, if they do, who must authorise this?

Answer 55

An officer not below the rank of inspector must authorise in writing