Detening Supect And Police Interviews

Question 1

What MUST the Custody Officer inform the suspect about?

Answer 1

Their ongoing rights

Question 2

What 3 rights does the suspect have?

Answer 2

The right to:
(a) have someone informed of the suspects arrest

(b) for the suspect to consult privately with a solicitor (must be told that free independent legal avidce is available); and

(c) the right to consult the Codes of Practice

Question 3

Can the right to legal advice be delayed?

Answer 3

Yes, if it will:
- lead to interference with harm or evidence with an indictable offence
- alter other people suspected of committing an indictable offence but not yet caught
- hinder the recovery of property

Question 4

Can the right to have someone informed be prevented?

Answer 4

Yes, if it will:
- lead to interference with harm or evidence with an indictable offence
- alter other people suspected of committing an indictable offence but not yet caught
- hinder the recovery of property

Question 5

How long can a suspect be detained at the police station?

Answer 5

24 hours but two different clocks will apply

Question 6

Fill in the blank

Answer 6

Question 7

Can the police extend the maximum period of detention? If so how many hours?

Answer 7

Yes, detention can be as long as
- 36 hours
- 72 hours (three days)
- 96 hours (four days)

Question 8

On what grounds can the administrator extend the period of detention?

Answer 8

(a) the detention of the suspect without charge is necessary to preserve evidence or obtain evidence
(b) is an indictable offence
(c) investigation is carried out diligently and expeditiously

Question 9

How often does the police have to carry out periodic reviews (detention clock)?

Answer 9

Question 10

What rights do volunteer attending at the police station have?

Answer 10

Can leave at any time unless formally arrested and can have friend or solicitor present at interview

Question 11

What is the solicitors role in the police station?

Answer 11

Is to protect & advance the legal right of their clients

Question 12

Prior to the interview what must the solicitor do at the police station?

Answer 12

Must obtain disclosure (basic background)

Question 13

What’s the advantage and disadvantage of the client answering all the questions?

Answer 13

Advantages
- Allows the client to put his version of events on record ensuring that at trial the court or jury will not be allowed to draw adverse inferences

Disadvantages
-Risk of saying something incriminating or make comments which undermine their credibility

Question 14

What’s the advantage and disadvantage of the client remaining silent?

Answer 14

Advantage
- No danger of incriminating themselves

Disadvantage
Court or jury may cause adverse inferences

Question 15

When would solicitor likely advise client to remain silent?

Answer 15

• Police has not provided adequate disclosure to solicitor
• Client physically or mentally unfit for interview
• Age, maturity, psychological vulnerability
• Previous inexperience of police detention and questioning
• Client embarrassed

Question 16

Is selective silence good for the interview?

Answer 16

No, comes across bad in trial

Question 17

1. When might a written statement be used?
2. What should it contain?
3. And when should it be handed in?

Answer 17

1. To avoid adverse inference, because solicitor is concerned client would not be good at the interview
2. Client sets out their defence in clear an dlogical way but must in their own words
3. Either during interview or just prior to charge or kept on the clients file and not disclosed at either of these stages

Question 18

What steps can Officer take to secure or obtain evidence from the suspect while they are detained?

Answer 18

• Carry out audibly recorded interview
• Arranging for an identification procedure (witness or victims can identify suspect)
• Taking DNA or samples

Question 19

What’s Codes should the interview at the police station comply with?

Answer 19

Code C & E (Codes of Practice)

Question 20

When should a suspect generally not be interviewed according to Code C?

Answer 20

When the suspect appears unable to
(a) Appreciate the significance of the question or
(b) understand the meaning of the question due to effects of drink,drugs or illness

Question 21

Can a suspect be interviewed before reviewing legal advice?

Answer 21

No (unless suspect has indicated they do not want it)
But there is exceptions:
- S. 58
- Waiting for the solicitor would cause unreasonable delay to the process of the investigation
And more to it

Question 22

A suspect changes their mind about wanting or not wanting legal advice (solicitor). Who needs to enquire about the reasoning?

Answer 22

Officer of the rank of insepctor or above needs to speak to the suspect

Question 23

When the case is weak and
there is insufficient
evidence to prove
allegation. What should thesolictor advise the client to do during the interview?

Answer 23

No comment

Question 24

What’s the difference between detention clock and review clock?

Answer 24

Detention clock begins at the point of arrival at the police station
Review clock begins when custody officer first aurhories detention of suspect

Question 25

If the limit of detention has reached and an extension is neither authorised, what options do the police have?

Answer 25

• Charge the suspect
• Release suspect in bail
• Release suspect

Question 26

Who must authorise delaying notification and delaying access to legal advice?

Answer 26

Officer of the rank of superintendent

Question 27

Who must authorise for a extension of detention time?

Answer 27

0-24 hours - custody officer
24-36 hours - officer of the rank I’d superintendent
36-72 hours - Magistrates court
72-96 hours - Magistrates court

Question 28

Who does the detention review?

Answer 28

At least the rank of inspector

Question 29

What if the suspect relied on the advice of a solicitor to remain solicitor but had a good defence?

Answer 29

Adverse inference MAY not be drawn depending on the sincerity of the jury