CLP WK 1

Question 1

What does PACE stand for?

Answer 1

Police and Criminal Evidence Act

Question 2

What does the “P” in the PACE mnemonic stand for?

Answer 2

Power (identify the specific power being used)

Question 3

What does the “A” in the PACE mnemonic stand for?

Answer 3

Authority (what is the legal basis for the power?)

Question 4

What does the “C” in the PACE mnemonic stand for?

Answer 4

Criteria (what conditions must be met to use the power?)

Question 5

What does the “E” in the PACE mnemonic stand for?

Answer 5

Exercised (was the power used correctly?)

Question 6

What is the minimum rank a custody officer must hold?

Answer 6

Sergeant

Question 7

Can a custody officer be involved in the investigation of a detainee they are responsible for?

Answer 7

No, they must be unrelated to the investigation.

Question 8

What are two key responsibilities of the custody officer?

Answer 8

Authorising detention and ensuring detainee welfare

Question 9

What document must be opened for each detainee?

Answer 9

Custody record

Question 10

Name three details that must be recorded in the custody record.

Answer 10

Reasons for arrest, circumstances and necessity of arrest, and comments made by the detainee.

Question 11

Does a solicitor have the right to see the custody record?

Answer 11

Yes, as soon as practicable.

Question 12

Which section of PACE guarantees the right to consult a solicitor?

Answer 12

Section 58

Question 13

Must a suspect be informed of their right to a solicitor?

Answer 13

Yes, before key events like interviews or searches.

Question 14

Can the police proceed with an interview if a suspect requests legal advice?

Answer 14

No, they must wait for the solicitor’s arrival.

Question 15

What must happen if a suspect initially declines legal advice but later changes their mind?

Answer 15

The interview must stop until legal advice is given.

Question 16

Under what condition can legal advice be delayed?

Answer 16

The suspect must be in detention for an indictable offence.

Question 17

What rank of officer must authorise the delay of legal advice?

Answer 17

Superintendent

Question 18

Name two reasons why legal advice might be delayed.

Answer 18

To prevent interference with evidence or harm to others.

Question 19

What is the maximum duration for which legal advice can be delayed?

Answer 19

36 hours

Question 20

What section of PACE covers the right to have someone informed of arrest?

Answer 20

Section 56

Question 21

Can the police delay notification of arrest?

Answer 21

Yes, under the same conditions as delaying legal advice (s.58).

Question 22

What is the maximum duration for which notification of arrest can be delayed?

Answer 22

36 hours

Question 23

In what two situations is an appropriate adult required?

Answer 23

For suspects under 18 or those who are mentally disordered or vulnerable.

Question 24

Give three examples of who could be an appropriate adult for a juvenile.

Answer 24

Parents, guardians, social workers

Question 25

Give two examples of who could be an appropriate adult for a vulnerable adult.

Answer 25

Parents, guardians

Question 26

Can interviews proceed without an interpreter if the suspect needs one?

Answer 26

Generally, no.

Question 27

Name two exceptions when interviews may proceed without an interpreter, even if one is needed.

Answer 27

If delaying would lead to interference with evidence or harm to others.

Question 28

What is the minimum number of meals a detainee should receive in 24 hours?

Answer 28

Three (two light and one main)

Question 29

What are the three main rights of a suspect in custody?

Answer 29

Right to legal advice, right to have someone informed of their arrest, right to an appropriate adult.

Question 30

What is the definition of a police interview according to PACE?

Answer 30

Questioning of a person regarding their involvement or suspected involvement in a criminal offence

Question 31

What does it mean to conduct an interview "under caution"?

Answer 31

The suspect must be informed of their right to remain silent and the potential consequences of speaking.

Question 32

Must the caution be repeated during an interview?

Answer 32

Yes, after any break.

Question 33

Name three steps that take place before a police interview.

Answer 33

Authorization of continued detention, informing the suspect of their rights, opportunity to consult with a solicitor.

Question 34

What are the three possible outcomes after a police interview?

Answer 34

Release, charge, remand

Question 35

What is the typical role of the Investigating Officer (IO)?

Answer 35

Leads the interview and provides pre-interview disclosure to the suspect's solicitor.

Question 36

Give two reasons why an interview might be conducted outside a police station.

Answer 36

To avoid harm to evidence or people, or to prevent alerting other suspects.

Question 37

Does a suspect have a general right to full disclosure of evidence?

Answer 37

No

Question 38

What does it mean for a suspect to be "fit for interview"?

Answer 38

They understand the significance of the questions and are not under the influence of drugs, alcohol, or illness.

Question 39

Name two key roles of the solicitor during a police interview.

Answer 39

To protect the suspect's interests and to clarify any ambiguities.

Question 40

Give two examples of inappropriate questioning during an interview.

Answer 40

Misrepresenting information or using repetitive questioning.

Question 41

Which section of PACE deals with excluding confessions obtained through oppression?

Answer 41

Section 76

Question 42

Which section of PACE gives the court discretion to exclude any evidence if it would affect the fairness of the trial?

Answer 42

Section 78

Question 43

What is the main purpose of a police interview?

Answer 43

To gather evidence