Detention, Interviews, Searches and Samples (Overview on Police Powers)

Question 1

PACE 1984

Code C

Detention, treatment and questioning by police officers

Custody officer

Answer 1

Advises suspect of their rights

Records all details - personal and procedural

Responsible for welfare of detainee

Must hold a position above sergeant level

Must not be involved in the investigation

Reviews whether detention is necessary after 6hrs and then every 9hrs

Question 2

PACE 1984

Code C

Detention, treatment and questioning by police officers

Detention

An investigating officer will take over to gather evidence and to determine whether the suspect should be charged or released

What may the investigation include?

Answer 2

carrying out Audio-recorded interviews with the suspect

Taking fingerprints or impressions of footwear

Carrying out an identification procedure

Taking photographs

Taking intimate or non-intimate samples

Question 3

PACE 1984

Code C

Detention, treatment and questioning by police officers

Detention Time Limits

Once a suspect has been arrested there are strict guidelines on how long they can be held

Outline the guidelines

Answer 3

People can be detained for 24 hours

Can be detained for a further 12 hours if permission gained from a senior PO

PO can apply to MC to keep suspect for a maximum of 96 hours before they are charged

Suspect detention must be regularly reviewed after 6 hours and then at least 9 hours

No ground to keep the suspect, they must be released

Detailed records of interviews and visits to the cell must be recorded

Question 4

The rights if a Detained person

Answer 4

Reasonable treatment and conditions, rest, food and exercise

The right for free and independent legal advice

If injured or suffering a medical condition, to see a doctor ASAP

Right to have someone informed of their whereabouts

Right to read the codes of practice about how detainees are treated

Question 5

Rights if the detained person

The police have a limited right to delay access to legal advice where it will lead to what?

Answer 5

Interference with evidence connected to an indictable offence

Interference or injury to other persons

Hindering the recovery of any property obtained as a result of such an offence

Alerting other persons suspected of committing such an offence but who have not been arrested

Question 6

Police interviews

Codes of practice

Police interviews are very tightly regulated under what section and act?

Answer 6

Section 66(1) Of PACE 1984

Question 7

Police interviews

Codes of practice

What is code H?

Answer 7

The detention, treatment and questioning by police officers

Of person under section 41 of, and schedule 8 to the, terrorism act (2000)

Question 8

Police interviews

Rights if interviewee

The suspect must be?

Answer 8

Informed as to the offences they are being questioned about

Reminded that they have the option of free legal advice

Question 9

Interviews at the police station

What are the 3 stages of interviews?

Answer 9

The police disclose the allegations to a legal advisor without the dyslectic being present

The legal advisor consults the suspect in private and in confidence

The interview of the Suspect by one or two officers with the legal advisor present

Question 10

Interviews at the police station

What are the three audiotapes used to record an interview?

Answer 10

first tape: The master copy - sealed at the end of the interview and the seal is not broken until the trial takes place

Second tape: A working copy - used to produce a transcript of the interview

Third copy is given to the suspect to give to their legal representative

Question 11

The right to silence

What was the 6 criteria Lord Bingham set out before a court could draw an adverse inference? (R V Argent 1997)

Answer 11

Must be proceedings against a person for an offence

Alleged failure to mention a fact at trail must have occurred before the charge, or on charge

Alleged failure must have occurred during questioning under caution

The questioning must have been directed at trying to discover whether or by whom the alleged offence was committed

The alleged failure of the accused must have been to mention any fact realised on in their defence in those proceedings

The alleged failure must have been to mention a fact that in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned

Question 12

Responding to questioning

What are the 3 options a suspect has when being interviewed?

Answer 12

To answer questions

To provide a prepared statement

To respond with “no comment”

Question 13

Responding to questioning

CJA 1994

Answer 13

“Allows the court to draw an adverse inference when a suspect remains silent (“no comment”) before charge, on charge or in trial”

The purpose is to discourage the suspect from

‘Fabricating a last-minute defence and to encourage speedy disclosure of any genuine defence’

Question 14

Responding to questioning

CJA 1994

What does adverse inference mean?

Answer 14

A legal inference that goes against the concerned party;

E.g assuming that a suspect made “no comment” so that they could fabricate a story

Question 15

Responding to questioning

Special arrangements

Answer 15

Suspect is aged 10-16, the interview must be conducted in the presence of a parent, guardian or responsible adult

Suspect with a mental disability must be accompanied by a responsible adult

Suspects who are blind, deaf or unable to speak may need an appropriate or/and an interpreter

Suspects who cannot understand English will need a translator

Question 16

DNA and Other Samples

Searches and samples

What are Non intimate samples defined as in S63 of PACE?

Answer 16

Saliva

Footprints

Hair

Sample of nail or from under the nail and mouth swabs

Suspect will be first asked for consent to perform

Can be taken without consent IF;

There is reasonable grounds to suspect the person had been involved in a recordable offence or if the suspect has been charged

Question 17

DNA and Other Samples

Searches and samples

What are intimate samples defined as in S65 of PACE?

Answer 17

Blood

Semen

Urine

Public hair

Swabs from body orifices other than the mouth

A medical practitioner must take the intimate sample if an inspector authorised it to;

Prove or disprove a suspects involvement in a recordable crime

Question 18

DNA and Other Samples

Searches and samples

intimate samples

What happens if the suspect does not give consent to an intimate sample?

Answer 18

The court will be informed and adverse inference will be drawn from

Question 19

Searches and samples

Fingerprints and DNA

Answer 19

Analysed and used to identify a suspect and to link the suspect to the crime scene

Unique for every individual, cannot be forged

DNA: Molecular and genetic structure present in bodily fluids, hair and skin

Question 20

Searches and samples

Fingerprints

Reasonable force for a fingerprint due to no consent? What are the rules?

Answer 20

Suspect is over the age of 10

Authorised by an officer of at least the rank of inspector

Suspect has been charged with a recordable offence

Suspect has been convicted of a recordable offence

There is doubt about the identity of a person who has n fingerprinted and bailed

Question 21

Breaches of PACE Code of conduct

R V Khan (1996) Legal principle

Answer 21

Evidence can only be excluded if admitting it would affect the fairness of proceedings

Question 22

Police powers relating to interviews

Answer 22

Police have the right to interview the suspect they have arrested

Under codes E & F a record of the interview should be made (Two copies, one sealed)

Under code F Interviews can be video-taped

Solicitor usually present

S34-S39 CJA and Public order act 1994 - Suspect has the right to silence

S76 and S78 PACE 1984 - court shall not allow statements which have been obtained through oppression to be used as evidence (R V Miller)

PACE Code C, suspect has the right to breaks.

Question 23

Police powers relating to detainment

Answer 23

Detainee has the right to have someone informed of their arrest (S56 PACE 1984)

Detainee has the right to privately consult a legal advisor (S58 PACE 1984). However, if a solicitor is to alter the evidence there will be a delay (R V Samuel)

Where the police interview a child or young person or a vulnerable adult, an appropriate adult be present (S57 PACE 1984 Code C and S38 Crime and Disorder Act 1998, R V Aspinall)

Question 24

R v Paris (1992)

Answer 24

D appealed a confession given after the police asserted his guilt more than 300 times in 1 interview

Issue:

Was the confession obtained by operation?

Decision:

Yes

Reasoning:

Clearly oppressive

Question 25

R V Samuel (1998)

Answer 25

D had been arrested on suspicion of armed robbery.

Asked for a solicitor, but one was refused under Section 58 of the 1984 Act.

He appealed against his conviction saying that he should have been allowed access to a solicitor.

Held:

Appeal allowed

Could not be refused access to a solicitor after charge.

Hodgson LJ stated:

“The right of a suspect to consult and instruct a lawyer as one of the most important and fundamental rights if a citizen”

Question 26

R V Aspinall (1999)

Answer 26

Police interviewed a man with schizophrenia who did not have an appropriate adult present.

Issue;

Failure to follow the requirements to have an appropriate adult in the interview if a mentally disordered suspect meant that, despite his apparent lucidity in interview, it was unfair to admit it in evidence.

Outcome:

The judge allowed the interview into evidence because appellant ability to deal with the interview obviated the need for an appropriate adult.

COA Overturned conviction stating:

It was clear that Appellant should have had an appropriate adult.

It was unfair to have admitted the interview evidence, particularly as appellant had been interviewed without legal advice