Detaining a Suspect at the Police Station and Police Interviews

Question 1

Who is the custody officer?

Answer 1

A police officer holding at least the rank of sergeant, who should not be involved in the investigation of the offence for which the suspect has been arrested.

Question 2

What are the initial steps the custody officer must take?

Answer 2

Open and maintain a custody record containing certain key information. A detention log will be attached to the custody record, detailing all the significant events that occur whilst the suspect is in police custody.

Inform the suspect of their rights.

The custody officer may authorise a search of the suspect to make a record of what items of property they have on their person. s.54(3) PACE 1984 allows the custody officer to seize and retain any items.

The custody officer must determine whether there is already ‘sufficient evidence’ to charge the suspect with the offence for which they have been arrested.

Question 3

Under what grounds can the custody officer detain the suspect without charge?

Answer 3

The custody officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which they are under arrest.

OR

It is necessary to obtain such evidence by questioning.

Question 4

What are the two rights of a suspect being detained by the police for questioning?

Answer 4

The right to free, independent legal advice and the right not to be held incommunicado.

Question 5

When can the right to legal advice be delayed?

Answer 5

The superintendent authorising the delay must have a subjective belief that consultation with a legal adviser will result in:

Will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or

Will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

Will hinder the recovery of any property obtained as a result of such an offence.

Question 6

Who can authorise a delay to the right to legal advice?

Answer 6

Any delay must be authorised by an officer of at least the rank of superintendent and can be authorised only when a suspect has been arrested for an indictable offence.

Question 7

How long can the right to legal advice be delayed?

Answer 7

For a maximum of 36 hours from the relevant time

Question 8

Who can delay the right to have someone informed of arrest?

Answer 8

Any delay must be authorised by an officer of at least the rank of inspector and can be authorised only when a suspect has been arrested for an indictable offence (either-way or indictable offence).

Question 9

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

Answer 9

A maximum of 36 hours from the relevant time.

Question 10

Under s.41 PACE 1984, what is the maximum time limit for detention without charge?

Answer 10

24 hours

Question 11

When and how can the maximum time limit for detention without charge be extended?

Answer 11

First, an officer of the rank of superintendent or above may extend the period of a suspect’s detention in the police station up to 36 hours.

The police can obtain a warrant of further detention from magistrates’ court at their discretion but up to a maximum period of 36 hours. In exceptional cases, the police may make an additional application to a magistrates’ court for an extension of the warrant of further detention. This cannot be longer than 36 hours or end later than 96 hours after the relevant time (maximum of four days).

Question 12

Who must carry out periodic reviews of the suspect’s detention?

Answer 12

An officer of at least the rank of inspector who is not directly involved in the investigation must carry out periodic reviews of the suspect’s detention to ensure that the grounds on which the detention was initially authorised are still applicable.

Question 13

When must the detention reviews take place?

Answer 13

The first review must take place no later than six hours after authorisation, the second review must take place no later than nine hours after the first review and each subsequent review must take place every nine hours.

Question 14

What information should the solicitor gather on arrival?

Answer 14

The custody officer should allow the solicitor to inspect the custody record and detention log and the solicitor should use it to obtain the client’s basic details unless they already have this information.

The solicitor needs to know what the client is alleged to have done which constitutes a criminal offence.

The solicitor needs to find out from the investigating officer what their intentions are. For example, is the client going to be interviewed straight away, will the police require the client to take part in an identification procedure, etc.

Question 15

What happens if the investigating officer refuses to make any disclosures or only discloses a very limited amount of information?

Answer 15

The solicitor should point out that in those circumstances the solicitor cannot properly advise the client as to the nature of the case against them and refer to the possible breach of Para 11.1A of Code C

Question 16

What are the 4 options for clients when being interviewed?

Answer 16

Answer all Questions

Remaining Silent

Selective Silence

No Comment Interview with Written Statement

Question 17

What are the advantages of a client answering all questions?

Answer 17

This allows the client to put his version of events.

If the client’s defence is particularly strong and the client comes across well when interviewed, answering questions in full may even result in the police deciding not to pursue the case any further.

The credibility of their evidence at trial will be boosted if it can be shown that the client placed their defence on record at the earliest opportunity, and have told a consistent ‘story’ throughout.

Answering all the questions put by the police is also likely to ensure that at trial the court or jury will not be allowed to draw adverse inferences against the client.

Question 18

What are the disadvantages of a client answering all questions?

Answer 18

A suspect who comes across as being confused or angry, who makes admissions, or who gives a contradictory or implausible account of events is likely to have their credibility severely damaged in the eyes of the jury or magistrates.

Question 19

What are the benefits of a client remaining silent?

Answer 19

There is no danger of the client incriminating themself by making any admissions, or inadvertently giving the police a piece of evidence which they would not otherwise have obtained.

If the case against the client is weak and the police are hoping to bolster it by getting the client to say something damaging in interview, the police will not then have sufficient evidence to enable them to charge the client.

Question 20

What are the disadvantages of a client remaining silent?

Answer 20

If the client is subsequently charged and pleads not guilty, the magistrates or jury may in certain circumstances draw an adverse inference.

If the client fails to answer questions in police interview and then at trial raises a defence, the details of which could reasonably have been given to the police in interview, the court or jury are entitled to conclude that the defence is a sham.

Question 21

What are the disadvantages of a client being selectively silent?

Answer 21

By answering some questions but not others, it will appear to the magistrates or the jury that the defendant has something to hide and is refusing to reply to those difficult questions for which they have no satisfactory answer.

Question 22

What are the advantages of a client giving a no-comment interview with a written statement?

Answer 22

It is a useful strategy to employ if the solicitor considers that the client needs to place their version of events on record to avoid an adverse inference being drawn at trial, but the solicitor is concerned that the client may perform badly if they answer questions in interview.

Question 23

What are the disadvantages of a client giving a no-comment interview with a written statement?

Answer 23

Handing in the statement earlier may give the police some additional information, which might lead them to decide to charge the client when otherwise they might not have done so.

Question 24

What are the reasons for advising a no-comment interview?

Answer 24

This will be important if the solicitor considers that the case against the client is weak and the police do not currently have sufficient evidence to prove the allegation.

The police have not provided adequate disclosure of evidence.

The solicitor considers that the police may attempt to ‘ambush’ the client during the interview by revealing a piece evidence which they had not disclosed.

The client is physically or mentally unfit to be interviewed.

The client is likely to perform badly in interview due to his age, lack maturity, psychological vulnerability or previous inexperience of detention and questioning.

The facts of the case are so complex, or relate to matters occurring so long ago, that the client cannot reasonably be expected to provide an immediate response to the allegations.

The client does not have a viable case or defence.

Question 25

When can a suspect request legal advice during an interview?

Answer 25

If at some point during the interview, the suspect indicates that they now require legal advice, the police should stop the interview to allow the suspect to obtain such advice.

Question 26

What happens at the start of an interview?

Answer 26

The police officer conducting the interview will caution the suspect. The wording of the caution is the same as that used at the time of the suspect’s arrest. The interviewing officer must then put to the suspect any significant statement or silence that occurred in the presence and hearing of a police officer before the start of the interview. The interviewing officer must ask the suspect whether they confirm or deny that earlier statement or silence, and if they want to add anything to it.

Question 26

What constitutes oppression during an interview?

Answer 26

Raising voices or shouting at the suspect Making threatening gestures Leaning into the suspect’s face. Standing over or behind the suspect Threatening to detain the suspect unless they make a confession

Question 27

What happens if the interviewing officer fails to put to a suspect a significant statement or silence made outside a police station?

Answer 27

This may result in the contents of that statement, or the nature of that silence being ruled inadmissible at trial under s 78 of PACE 1984.

Question 28

How must an interview be conducted?

Answer 28

If interviews with a suspect take place over more than one day, in any period of 24 hours the suspect must be given a continuous period of at least eight hours for rest. Breaks from interviews should take place at recognised mealtimes, and short refreshment breaks should be taken at approximately two-hour intervals.

Question 29

What happens if an interview breaches any of the provisions of Code C?

Answer 29

At any subsequent trial the court may rule inadmissible any admission or confession made by the defendant in that interview.

Question 30

Who is a vulnerable suspect?

Answer 30

Juveniles (aged 10 to 17) Those suffering from a mental health condition Those who do not speak or understand English or have a hearing or speech impediment. Those who are either blind or have a severe visual impairment

Question 31

What happens if a juvenile is arrested?

Answer 31

The custody officer must, if practicable, find out the person responsible for their welfare, or if the juvenile is the subject of a court order under which a person or organisation is given any statutory responsibility to supervise or monitor them (for example, a supervision order), reasonable steps must also be taken to notify that person or organisation.

Question 32

What happens if someone who doesn't understand English or has a speech/hearing impediment is arrested?

Answer 32

The custody officer must find an interpreter.

Question 33

What happens if the suspect is blind or suffers from a serious visual impairment?

Answer 33

The custody officer must ensure there is someone (not involved in the investigation) to help them check any documentation.

Question 34

Who is the appropriate adult?

Answer 34

A person who attends the police station to provide support and assistance to a juvenile (or suspect with a mental health condition or mental disorder).

Question 35

What is the order the police should follows when contacting an appropriate adult for a juvenile?

Answer 35

The police should initially attempt to contact the juvenile’s parent or guardian (or a representative from the local authority where the juvenile is in local authority care) to act as an appropriate adult. If no one in is available, the police should then ask a social worker from the local authority to act as an appropriate adult. If a social worker is not available, the police should finally contact another responsible adult who is aged 18 or over and not connected to the police.

Question 36

Who cannot be an appropriate adult?

Answer 36

An estranged parent or a person to whom the juvenile has made prior admissions cannot be the appropriate adult.

Question 37

What are the alternatives to charging a juvenile suspect?

Answer 37

Community Resolution Youth Cautions Youth Conditional Cautions

Question 38

What is a community resolution?

Answer 38

It is a non-statutory disposal for the resolution of a minor offence or anti-social behaviour incident through informal agreement between the parties involved. It is primarily aimed at first-time offenders where there has been an admission of guilt, and where the victim’s views have been considered. It will not form part of the offender’s criminal record retained by the police.

Question 39

When can a youth caution be offered?

Answer 39

Where there is sufficient evidence to charge the offender with an offence, the offender admits that they committed the offence and the police do not consider that the offender should be prosecuted or given a youth conditional caution in respect of the offence. Must be given in the presence of an appropriate adult.

Question 40

When can a youth conditional caution be given?

Answer 40

there is sufficient evidence against the offender to provide a realistic prospect of conviction, It must be determined that a youth conditional caution should be given to the offender, and the offender admits to having the committed the offence

Question 41

What happens when a suspect is given a youth conditional caution?

Answer 41

The effect of the youth conditional caution must be explained to the offender, and they must be warned that failure to comply with any of the conditions may result in prosecution for the original offence. The offender must sign a document containing details of the offence, their admission, consent to be given to a youth conditional caution and details of the conditions attached.