Criminal Litigation

Question 1

Custody record

Answer 1

1. solicitor has right to consult 2. should contain everything that has happened to + been said to or by detainee

Question 2

Reviews of detention - who is review officer

Answer 2

at least rank of least rank of inspector and not the custody officer

Question 3

Reviews of detention - how often

Answer 3

first review 6 hours after arrest then every 9 hours

Question 4

Reviews of detention - content

Answer 4

1) review whether grounds still exist for detention 2) remind detained person of right to free legal advice + right to make representations

exception: unfit or asleep

Question 5

Detention time limits

Answer 5

24, 36, 96 hours

24 hours before being charged or released

extension for further 12 hours

warrant for further 36hrs with magistrate’s court warrant and further 24hrs w another warrant

Question 6

Conditions for first extension of detention (+12 hours)

Answer 6

1. must be superintendent
2. must be before initial 24 hours expire but after second review
3. solicitor/suspect must have opportunity to make representations
4. officer of at least superintendent must authorise
5. reasonable grounds for believing necessary to preserve/obtain evidence by questioning
6. indictable offence
7. diligently and expeditiously

Question 7

Conditions for second extension of detention (beyond 36 hours)

Answer 7

1. must have magistrate’s court warrant
2. can extent further 36 hours on first application and 24 hours on second (max 96 hours)
3. reasonable grounds for believing necessary to preserve/obtain evidence by questioning
4. indictable offence
5. diligently and expeditiously

Question 8

Rights at police station

Answer 8

1. right to consult privately with solicitor + free legal advice
2. right to have someone informed of their arrest

Question 9

Right to consult privately with solicitor + free legal advice : conditions to delay

Answer 9

1. indictable offence
2. at least superintendent, written + inform suspect
3. reasonable grounds to believe a. interference/harm to evidence or b. others c. alerting other suspects d. hinder recovery of property obtained through offence
4. benefitted from criminal conduct ie got property that may try to conceal
5. right to see other solicitor rather than one concerned abut

Question 10

Right to consult privately with solicitor + free legal advice and/or informing someone of arrest: maximum time to delay

Answer 10

36 hours

Question 11

Right to consult privately with solicitor + free legal advice: consequences of delay if interviewed before seeing solicitor

Answer 11

restrictions re: drawing adverse inferences in court

Question 12

Right to inform someone of arrest: conditions to delay

Answer 12

same as right to solicitor except must be police officer of at least inspector

Question 13

Right to consult privately with solicitor + free legal advice: content

Answer 13

1. must be told against before a. starting/further interview b. intimate sample ask 3. intimate drug search ask 4. identification parade/video identification
2. if declined must put on custody record
3. if sought provide asap
4. wait until solicitor arrive before starting interview
5. cannot dissuade
6. if suspect declines then changes mind during interview must stop and start again after has had advice
7. solicitor = current practising certificate or accredited/probationary rep through Legal Aid Agency

Question 14

Right to appropriate adult: mentally vulnerable

Answer 14

= is mentally disordered/vulnerable or been told that in good faith

= parent, guardian, relative, experienced person, not police officer/employee

NOT suspect, victim/witness, involved in investigation in any way, unable to understand

Question 15

Right to appropriate adult: child

Answer 15

= parent, guardian

or rep of care authority/voluntary org or social worker

else someone over 18 and not police officer/employee

NOT estranged parent that child rejects

Question 16

Role of appropriate adult

Answer 16

1. detainee understands what is happening
2. support advise assist
3. make sure police act fairly
4. communicate for detainee w police
5. make sure detainee understands rights + protect them
6. can request solicitor/legal rep but detainee not required to say yes

Question 17

Proceeding without appropriate adult conditions

Answer 17

Must have one for interview/written statements unless delay likely to lead to

1. interference/harm w evidence or people
2. serious loss or damage to property
3. altering suspects
4. hindering recovery of property obtained through offence

Question 18

Right to interpreter

Answer 18

1. custody officer determines if required
2. If required cannot be interviewed w/out unless rank of superintendent or above who thinks interference/harm to evidence or ppl or serious loss/damage to property

Question 19

Treatment of suspects in police station

Answer 19

1. no more than one detainee per cell
2. must be adequately heated cleaned and ventilated
3. bedding
4. toilet/washing
5. clothes if removed
6. two light meals + one main

Question 20

Interview definition

Answer 20

= questioning of person re: involvement/suspected in criminal offences

Question 21

Interview under caution

Answer 21

must be cautioned before interview = do not have to say anything but may harm defence if do not mention something that later rely on in court, anything say may be given in evidence

Question 22

Interview recording

Answer 22

must be recorded, if indictable must audio recorded

exception - can be written if 1) minor offences 2) no arrest 3) takes place other than at police station

Question 23

Fitness for interview

Answer 23

No interview if cannot

1. appreciate sig of questions and answers
2. understand bc drinks drugs or illness or condition

Exception - superintendent can authorise

Question 24

Practicalities: before interview solicitor should -

Answer 24

1. obtain pre-interview disclosure 2. have private consultation to discuss case and advise client on options for interview

Question 25

Police rankings (lowest to highest)

Answer 25

1. constable 2. sergeant 3. inspector 4. chief inspector 5. superintendent 6. chief superintendent also detectives in CID (crim invest depart) that follow same ranking system

Question 26

Investigating officer

Answer 26

1. usually officer investigating that offence = "Officer in the case" (OIC) 2. can be officer of any rank 3. officer that gives solicitor pre-interview disclosure at station 4. most likely leads interview

Question 26

Police station process

Answer 26

1. sees custody officer who authorises continued detention 2. informed of rights 3. non-intimate samples taken 4. healthcare if necessary 5. speak to legal rep if 6. interview 7. released under investigation/on police bail or charged and released on police bail to appear in magistrate's court later or charged and put in custody to appear in magistrate's court next day

Question 27

Disclosure requirements to solicitor

Answer 27

No right to disclosure except 1) significant statement (capable of being evidence) 2) custody record But solicitor must be given sufficient info to understand nature of offence + why client suspected

Question 28

When should solicitor intervene in interview

Answer 28

1) info/evidence referred to not disclosed before interview 2. clarification required 3. inappropriate questioning/behaviour 4. further advice needed 5. break required 6. circumstances require

Question 29

Admissibility of confessions: oppression and unreliability

Answer 29

starting point is = admissible, exceptions- oppression: torture/inhumane/degrading treatment/threat or use of violence unreliability: confession not reliable BECAUSE of something said/done (ie breach of PACE) count must grant exclusion, not automatic else court can generally exclude evidence if thinks would have adverse effect on fairness of proceedings

Question 30

When can court exclude evidence

Answer 30

If thinks would have adverse effect on fairness of proceedings

Question 31

Who must custody officer be

Answer 31

1. police officer at least rank of sergeant 2. unrelated to investigation of offence

Question 32

Role of custody officer

Answer 32

welfare + handling of suspects in detention at police station

Question 33

What is contained in custody record

Answer 33

1. inform person of reason for arrest 2. circumstances of arrest 3. why arrest necessary 4. comments made by arrested person

Question 34

Role of custody officer: insufficient evidence to charge

Answer 34

then must release unless detention necessary to 1. secure or preserve evidence 2. obtain evidence by questioning

Question 35

Role of custody officer: sufficient evidence to charge

Answer 35

then must 1. authorise detention of suspect 2. inform of reason for arrest 3. inform reason for detention 4. advise of rights

Question 36

Reasons allowing for arrest

Answer 36

*⁠ ⁠To enable the name of the person to be ascertained. *⁠ ⁠To enable the address of the person to be ascertained. To prevent the person: *⁠ ⁠Causing physical injury to themselves or any other person *⁠ ⁠Suffering physical injury *⁠ ⁠Causing loss of or damage to property *⁠ ⁠Committing an offence against public decency *⁠ ⁠Causing an unlawful obstruction of the highway. *⁠ ⁠To protect a child or other vulnerable person from the person in question. *⁠ ⁠To allow prompt and effective investigation of the offence or the conduct of the person in question. *⁠ ⁠To prevent any prosecution for the offence being hindered by the disappearance of the person in question.

Question 37

Starting time for review times

Answer 37

When presented to custody officer

Question 38

Starting time for maximum time being detained before being charged

Answer 38

When arrives at police station (note, will be time of arrest if is arrested in another police area and brought to station, or if asked to voluntarily attend interview and it arrested)