Police powers

Question 1

a person arrested must be taken to a police station

Answer 1

as soon as practicable

Question 2

The person can be taken to any police station unless

Answer 2

they will be detained for more than 6 hours

Question 3

street bail

Answer 3

Instead of being taken to a police station, the person arrested can be granted bail to attend a police station at a later date

Question 4

On arrival at the police station, the arrested person will be presented to

Answer 4

the custody officer ASAP

Question 5

the custody officer must be a police officer of the rank of at least

Answer 5

sergeant

Question 6

A person can only be detained and released with authority from the?

Answer 6

custody officer

Question 7

if there is not sufficient evidence to charge the detainee, the arrested person must be released, unless

Answer 7

there are reasonable grounds for believing that detention is necessary to:
a) secure or preserve evidence; or
b) obtain such evidence by questioning.

Question 8

Who is accountable for procedural flaws in the detention process?

Answer 8

custody officer

Question 9

A solicitor has the right to consult their client’s custody record

Answer 9

as soon as practicable after arrival at the police station and at any time while their client is still detained

Question 10

‘Solicitor’ is defined in COP C as

Answer 10

a solicitor who holds a current practising certificate or an accredited or probationary representative included on the register of representatives maintained by the Legal Aid Agency

Question 11

The review officer must be an officer of at least

Answer 11

the rank of inspector

Question 12

first review of the suspect’s detention will take place…

Answer 12

not more than 6 hours after the suspect’s detention was first authorised by the custody officer

Question 13

after the first review, the suspect’s detention will be reviewed…

Answer 13

periodically every 9 hours thereafter

Question 14

the maximum period that a suspect can be kept in custody, before being charged, is

Answer 14

24 hours from the ‘relevant time’

Question 15

In most cases, the relevant time begins…

Answer 15

when the suspect arrives at police station

Question 16

Before the 24-hour limit on detention has expired, the suspect must either be

Answer 16

charged or released

Question 17

Where is the relevant time indicated?

Answer 17

the custody record

Question 18

Power to extend beyond 24 hours

Answer 18

allows for detention to be extended for a further 12 hours

Question 19

detention can be extended by an officer of rank of

Answer 19

at least superintendent

Question 20

For detention to be extended, the offence must be

Answer 20

indictable

Question 21

For detention to be extended, the investigation must be being conducted

Answer 21

diligently and expeditiously

Question 22

authorisation to extend must be given before

Answer 22

the expiry of the initial 24 hours but after the second review has occurred

Question 23

If the police want to detain beyond 36 hours, they must apply to

Answer 23

the magistrates’ court for a warrant of further detention

Question 24

A warrant of further detention may authorise continued detention for

Answer 24

a further 36 hours on a first application and 36 hours (up to a max of 96 hours) on a second application

Question 25

Key relevant times to remember

Answer 25

24, 36, 96

Question 26

the review officer must be satisfied that

Answer 26

detention is still necessary

Question 27

If legal advice is declined, it should be noted on

Answer 27

the custody record

Question 28

Where legal advice is sought, it must be provided

Answer 28

as soon as practicable

Question 29

To delay the right to legal advice, the person must be in detention for

Answer 29

an indictable offence

Question 30

Detention can only reach 96 hours if approved by

Answer 30

Magistrates’ Court

Question 31

The right to have someone informed of the arrest

Answer 31

an arrested person has the right to have a friend, relative or other person told that they are under arrest

Question 32

any delay or denial of the rights should be

Answer 32

proportionate and last no longer than necessary

Question 33

In the case of a young detainee, the appropriate adult is defined as

Answer 33

parent/guardian

Question 34

in the case of a young person looked after under the Children Act 1989

Answer 34

representative of the care authority or voluntary organisation or a social worker

Question 35

The appropriate adult must not be

Answer 35

a police officer or police employee

Question 36

interviews must be carried out under

Answer 36

caution

Question 37

PACE definition of an interview

Answer 37

the questioning of a person regarding their involvement or suspected involvement in a criminal offence

Question 38

What rank is the Investigating Officer?

Answer 38

can be a police officer of any rank

Question 39

A significant statement

Answer 39

a statement that appears to be capable of being used in evidence, and in particular any direct admission of guilt

Question 40

General rule for recording interviews

Answer 40

all interviews must be contemporaneously recorded

Question 41

an interview can be recorded in writing where

Answer 41

it relates to some minor offences; the person has not been arrested; and it takes place other than at a police station

Question 42

before the interview, the solicitor should

Answer 42

obtain pre-interview disclosure and have an opportunity for a private consultation with their client

Question 43

Your role as a solicitor at the police station is to

Answer 43

protect your client's interests and advance their case

Question 44

purpose of an interview

Answer 44

to gather evidence

Question 45

evidential starting point for confessions is that they are

Answer 45

admissible

Question 46

S 76(2) PACE 1984 sets out circumstances when a confession can be excluded from evidence as a result of

Answer 46

'oppression' or 'unreliability'

Question 47

S 78 PACE 1984 gives the court the discretion to

Answer 47

exclude evidence that 'would have such an adverse effect on the fairness of proceedings that the court ought not to admit it’

Question 48

oppression is defined as

Answer 48

torture, inhuman or degrading treatment, or the use or threat of violence

Question 49

Unreliability means the confession was obtained as the result of

Answer 49

something said or done which renders it unreliable

Question 50

s 76 can only be used in relation to

Answer 50

confessions

Question 51

s 78 may be used to exclude

Answer 51

any evidence upon which the prosecution seeks to rely

Question 52

3 fundamental rights of detained suspect

Answer 52

1. Access to free, independent legal advice (s 58 PACE) 2. Right to have someone notified of their arrest 3. Consult with Codes of Practice

Question 53

Standard identification procedure

Answer 53

VIPER

Question 54

When would covert procedures be used for identification?

Answer 54

as a last resort and only if all other procedures have been considered and refused

Question 55

an ID parade should consist of at least ...

Answer 55

8 people in addition to the suspect