police station Flashcards
(181 cards)
1
Q
when you request to see a solicitor, how soon must you be able to see one
A
as soon as practical
2
Q
how does the police station access legal advice for you
A
unless you will pay privately they will call defence solicitor call centre even if you request your own solicitor - the call centre will decide if you need a solicitor to attend in person
3
Q
who provides phone advice to suspects at police station
A
criminal defence direct - accredited police station representatives
4
Q
do you have to pay to speak to your own solicitor
A
you may have to
5
Q
if the suspect declines legal advice must they still be informed of solicitors arrival at station
A
yes
6
Q
were is attendance / decision re legal representation noticed
A
custody record
7
Q
which code would be breached if a police officer tried to persuade a suspect not to get legal advice
A
code c
8
Q
when can legal advice be delayed
A
max 36 hours by SI or above - can be orally but confirm in writing - must be indictable - can delay if reasonable grounds for believing that access at that time would:
interfere with or harm evidence connected to indictable offence
interfere with or physically injure other people
alert other suspects
hinder recovery of property obtained through offence
9
Q
when can the right to inform someone of your arrest be delayed
A
at least inspector - indictable incl either way - max 36 hours - if oral confirm in writing asap
reasonable grounds that telling named person will:
- interfere with or harm evidence
- interfere with or physically injure person
- alert other suspects or
- hinder recovery of property obtained by offence
10
Q
what to do with suspect after arrest
A
take to station as soon as reasonably practical unless granting street bail
take to custody officer even if arrested at station
11
Q
how should case be dealt with
A
expediously
12
Q
when must suspect be released
A
as soon as reason for detention no longer applies
13
Q
who can be the custody officer
A
at least sergeant and not involved in the investigation
14
Q
what does custody officer do when suspect brought to them after arrest
A
open and maintain custody record
authorise search of person to extent consider necessary
can seize and retain items and record them
inform them of their rights (tell someone of arrest, free independent legal advice, consult codes)
15
Q
when can custody officer seize clothing and person affects
A
CO has reasonable grounds to believe they may be evidence may use them to physically injure self or others to cause damage to property interfere with evidence assist with escape
16
Q
what if suspect needs medical attention when arriving at station
A
CO must ensure they get is as soon as practical
17
Q
what must suspect be told when arrested
A
the offence for which they are arrested
18
Q
what does CO ask IO when suspect arrives at station
A
for details or evidence to decide whether to charge
note suspects comments on IOs account
19
Q
can co question suspect about their involvement in the offence
A
no
20
Q
what does CO do with suspect after hearing IOs account
A
if sufficient evidence charge and bail or remand in custody or
if not sufficient evidence release unless CO has reasonable grounds for believing detention without charge is necessary to secure, or preserve, or obtain evidence
21
Q
requirements for standard of cell
A
clean, heated, lighted, ventillated
22
Q
does suspect get food
A
2 light meals and 1 main meals in 24 hours
23
Q
does suspect get drinks
A
yes at meals and on reasonable request
24
Q
standard of bedding
A
clean and sanitary
25
does suspect get outdoor exercise
briefly if possible
26
can suspect access toilet and wash facilities
yes there must be access to these
27
hoe often must a suspect be visited in their cell
at least once every hour
28
if you voluntarily attend the station can you leave
yes at any time
29
if you voluntarily attend the station can you request that s friend or solicitor is present at the interview
yes
30
if you voluntarily attend the station can you be arrested
yes if they have grounds
31
how long can you be detained without charge
24 hours
32
can the 24 hour detention without charge period be extended
yes by 36 hours by SI - if necessary to secure, preserve or obtain evidence, offence is indictable or either way and investigation expedient and diligent
then by 36 hours by MC - necessary to obtain, preserve or secure evidence and investigation is expedient and diligent
then by 36 hours but no more than 96 since arrival at station by MC - necessary to obtain, preserve or secure evidence and investigation is expedient and diligent PLUS reasonable grounds for believing further detention justified
33
how often must detention be reviewed
no later than 6 hours after detention first authorised by CO (not since arrival at station) then 9 hour intervals
34
who must review detention
at least rank of inspector and not involved in the case
| to check grounds for detention still apply
35
what is solicitors role at station
to protect and advance legal rights of client
36
what info can CO give to solicitor about case
basic info - must allow inspection of custody record and detention log
37
what is recorded in detention log
all significant events since arrival at station
38
does IO have to give solicitor any info
no but will often give disclosure statement summarising evidence - push for as much disclosure as poss
39
who can get a copy of the custody record and when
solciitor and appropriate adult can get a copy when suspect leaves or is taken to court - often given sooner but don't have to - but can inspect it sooner
40
who decides if client answers questions at interview
final decision is clients but lawyer advises and note reasons for advice
41
should you ever advise a client to answer some questions but not others
no - will look like they're hiding something
42
when might you advise a client to give no comment interview
evidence is weak
no adequate disclosure
suspect police may ambush client with info at interview
complex and long ago so cannot recall accurately
client says they didn't do it but no defence that would stand up to questioning
other circumstances eg embarassed
43
when is a written statement a good idea
when client needs to get their version of events across but would not perform well under interview
44
when to give a written statement
read it out then hand to police during or after interview but before charged
45
who drafts a written statement
in clients words but drafted by solicitor
46
can you answer no comment to questions following a written statement
yes
47
does a written statement allow an adverse inference to later be drawn
not if statement includes all defence later relied on
48
which codes must an interview comply with
code C and E
49
what is code E
guidance on audio recorded interview
50
how is copy of audio recorded interview kept
keep master copy sealed in presence of suspect at end of interview, seal is only broken at trial if dispute over what was said - copy for police to make summary and copy for suspect
51
what is code c
questioning of person at interview re involvement in offence under caution
52
when is it not appropriate to question a suspect
when they appear unable to appreciate significance of their answers or what is happening due to drink, drugs or illness
53
can you interview a suspect who has requested legal advice
no - not until they have received it
54
exceptions when you can interview a suspect who has requested legal advice before they have received it
waiting for solicitor would cause unreasonable delay
solicitor unavailable and they declined duty solicitor
they asked for advice but then changed their mind
delay up to 36 hours exception
inspector or above must look into how long solicitor will be, record reasons in custody record, confirm in writing happy to proceed
55
must a suspect always be reminded at the start of the interview of their right to legal advice
yes even if they are with a solicitor
56
when can a solicitor intervene in an interview
clarification
inappropriate questioning or manner it is put across
advise client not to reply
give legal advice
57
what must police do at start of interview
caution suspect and remind or right to legal advice
58
cannot try to illicit answers through oppression - what is oppression
shouting, gesturing, leaning into face, standing over or behind, threaten indefinite detention if they dont confess, cannot indicate what action will be taken if they don't answer or do answer question
59
when must interview cease
when officer in charge of investigation is satisfied that all questions relevant to obtaining accurate info about offence have been put to suspect incl allowing them to give innocent explanation and to test it
or sufficient evidence to convict
60
what if a suspect made a significant statement or significant silence in presense of police before interview
put to them at start of interview
| ask if they will confirm, deny or add anything
61
significant statement
capable of being used in evidence against them
62
significant silence
failure to answer question which may allow adverse inference
63
how many breaks is a suspect allowed
recognised meals times
short breaks approx 2 hour intervals
if interview takes place over more than 1 day in any 24 hour period must have continuous 8 hour rest
64
where should solicitor sit in interview
next to client and make eye contact with them
65
can you attend interview / represent client if they admit they are guilty
if they intend to lie you cannot represent them
if they intend to give no comment interview you may continue to represent them
try to convince them to cooperate
66
what to tell the police if you stop acting for a client due to them giving false reasons about their guilt
just say personal reasons - confidential
67
can you ask for the interview to stop
yes client or solicitor can ask for it to stop at any time
68
impact of client attacking the character of another person during interview
this can allow evidence of Ds previous conviction to be adduced at trial so tell them not to do this
69
when can solicitor be required to leave the interview
unacceptable conduct or prevent them properly putting questions to suspect eg writing down answers for suspect
telling suspect not to answer or intervening is not enough
70
can solicitor explain their advice and reasons at the start of the interview
yes
71
process to have a solicitor removed from interview
stop interview, consult SI or above, if solicitor is excluded D has the right to another solicitor
72
when should solicitor intervene in interview
questions or techniques are inappropriate
police behaviour is inappropriate
client needs more legal advice
73
can you advise 2 or more co-Ds
interview one to see if there is a conflict
you can represent both if no conflict but not if there is a conflict of interest or their instructions are inconsistent
if conflict only becomes apparent after speaking to both then you cannot act for either unless able to do this without compromising confidentiality but unlikely as it will conflict with disclosure duty
can act for only one D if conflict exists but have only spoken to one D
74
if solicitor for co-D asks for details of your clients defence can you give the info
only if it is in your clients bests interests
75
if you act for 2 or more co-accused can you tell one D info you got from other D
only if they consent, don't give conflicting instructions and it is in their best interests
76
first thing you should do if you're acting for 2 or more co-Ds
get account from both to ensure they don't fabricate their stories based on what you tell them the other one said
77
can you act for co-Ds where their stories are inconsistent
no - withdraw completely
78
who can be an identification officer
inspector or above not involved in investigation
79
what does the identification officer do
in charge of procedure , ensure code D complied with , present throughout in uniform
80
how soon must an ID procedure be held
asap - usually bailed and asked to return for it
81
can an officer involved in the investigation be involved in the ID process
no
82
can suspect have a friend or solicitor present at ID procedure
yes
83
can suspect refuse to take part in ID procedure
yes but can draw adverse inference from this at trial and a worse type of ID process may be used
84
what if suspect significantly alters their appearance before the ID procedure
this is admissible in evidence at trial
85
does the suspect get to know if the witness has seen images in advance
yes
86
does the suspect get to know the initial description the witness gave
yes
87
what if solicitor thinks ID procedure has been contaminated
can ask witnesses if they discussed it with anyone before or at station
ask for a note of concerns to be put in record or ID procedure
solicitor can check route witnesses take and ensure they're kept apart
solicitor must keep record of process and comments made during it
88
can police refuse to hold ID procedure
no this would be a breach of code D if suspect denies involvement, willing to participate and there is a witness that could identify them
89
can solicitor request new people are found for ID procedure
yes check description matched photos and can object / require new people are found
90
what if police refuse to hold ID procedure even though suspect denies involvement, is willing to participate and there is a witness that could identify them
ensure it is recorded in custody record and may later challenge the admissibility of disputed visual evidence at trial
91
4 types of identification procedure
video identification
identification parade
group identification
confrontation
92
which code applies to identification procedures
code D
93
can the police take a witness to a place to see if they can identify the suspect
yes if they don't know the ID of the suspect
94
what must the police do with the witnesses description of the suspect
keep a record of it and give copy to solicitor before identification procedure takes place
95
when does code D require an ID procedure to be held
when witness has reasonable chance of identifying suspect/ thinks they can identify them but suspect denies being the person the witness saw
unless not practical or would serve no useful purpose in proving or disproving whether suspect was involved in offence
96
do you need to have an ID procedure if suspect already knows witness
no as they will definitely pick them out
97
do you need to have an ID procedure if suspect admits to being at scene and given account same as witness
no
98
what type of ID procedure does code D require the suspect is offered first
video procedure
99
when can the police offer a type of ID procedure other than video identification to suspect first
parade is more practical
| IO thinks group is more suitable and practical to arrange
100
at trial can a witness say they originally ID suspect through photo
no
101
can the suspect and solicitor know if witness has seen pictures
yes they must be told
102
what must the police do before showing witness any photos
record their description of the suspect first
103
how many photos must witness be shown at once
12 min at one time
104
what to do if witness makes positive identification from pictures
cannot show pictures to anyone else
| witness who made identification and other witnesses should be asked to be identification procedure
105
requirements for selecting a location for a group identification
must reasonably expect that in the location the witness will see some people who look like the suspect
select a place where people are passing by or waiting around informally
106
do you need suspect consent to do a group identification
no
107
what is a group identification
when the witness sees the suspect in an informal group of people
108
what is a confrontation identification procedure
when witness is brought face to face with suspect at police station
109
what to tell a witness who is taking part in a confrontation identification procedure
that it may not be the person they saw and to say if it is not them
110
when can a confrontation identification process be used
when suspect refuses to take part in any other identification process - last resort
111
does the solicitor need to be present during a confrontation identification procedure
yes
112
can a suspect be compelled to participate in an identification parade
no
113
how to record the identity of the participants in an ID parade in case it is later challenged
take a colour photo
114
can witness ask participants in ID parade to adopt a pose or speak
yes but witnesses should be asked if they can identify on appearance only, remind them that they were chosen on appearance only but if not then go ahead
115
what if witness chooses suspect in identification parade after asking them to speak
it is still admissible at trial but judge may tell jury to treat it with caution
116
how many people must be in an identification procedure
at least 8 others plus suspect
117
in what way must the participants in the id parade resemble the suspect
age, height, appearance and position in life
118
can the suspect choose their own position in the line and move between witnesses
yes but cannot alter the position of the other people
119
what should the witness be told when doing an identification parade
that the suspect may not be present and not to decide until they've seen each person twice
120
what must witnesses be prevented from doing when taking part in a identification parade
communicate with each other about the case
see the participants
be reminded of photos or description or be given any other indication of identity
overhear witness who has already seen material
121
can scars, tatoos etc be concealed in identification parade
yes or replicate on others
122
what must witnesses be prevented from doing when taking part in a video identification
communicate with each other about the case
see the pictures
be reminded of photos or description or be given any other indication of identity
overhear witness who has already seen material
123
how many witnesses may do video identification at any one time
only one witness may see video at a time
124
how many participants must there be in a video identification
at least 8 others
| or if procedure is used for 2 suspects at a time they must be shown together with at least 12 other people
125
is a video identification pre-recorded
yes
126
how much notice must solicitor have of video identification procedure
reasonable notice of time and place so they can attend to ensure it is carried out properly
127
how much the participants in a video identification procedure resemble the suspect
age, height, general appearance and position in life
128
during video identification can police discuss images with witnesses
no
129
requirements when using video procedure for 2 suspects
must be shown together with at least 12 others and must be in same position carrying out same movements
130
can playback be frozen for witness during video identification
yes
131
how many times can a witness watch the videos during ID procedure
as many as they like
132
can witnesses be told if other witnesses made an identification
no
133
if suspect has seen modified image and want to see it without modifications can they do this
yes
134
if suspect has features eg tatoo or scar can they be covered up in video ID
yes or replicate on others
135
what if suspect refuses to consent to video ID
other ID procedure may be used or covert video ID may be used
136
can suspect or solicitor see full set of videos before ID procedure
yes must have reasonable opportunity to see them before they are shown to witness
137
can suspect or solicitor object to videos being used
yes and if there are reasonable objections the police must take steps to fix it if practical
138
when is there a presumption against bail
pre-charge - expected to release if not enough evidence to charge
139
when doesn't the presumption against pre-charge bail apply
case is sent to CPS for charging decision
| CO is satisfied bail is necessary and proportionate and authorised by inspector or above
140
how long can bail last
28 days
141
can bail be extended
by 3 months by SI or above
| then by 3 months by court if complex
142
what if you fail to attend the police station when on bail
can be arrested without warrant
143
when on bail which document gives the suspect the particulars of offence
charge sheet
144
is it a criminal offence not to attend the police station when on bail
yes
145
who decides what happens to suspect after charge and what are the options
CO decides to either release on bail or keep them in custody until they can see MC
146
when can conditions be imposed on bail
when necessary to prevent failure to surrender to custody
to prevent further offence
to prevent them interfering with witness
suspects own protection
147
when can bail after charge be denied
```
CO has reasonable grounds:
cannot confirm name or address
won't answer bail
detention is necessary to take sample
to prevent injury to others or loss of damage to property
prevent interference with investigation
necessary for own protection
```
148
once a suspect has been charged can they be interviewed further about the offence
not unless necessary for protection of public, to clarify something in previous answer, in interests of justice to put to them new evidence.
149
can adverse inferences be drawn from anything in a post-charge interview
no
150
age of juveniles
10-17
151
what if unsure of child's age
treat as if under 18 unless evidence to contrary
152
what if unsure if suspect has mental disorder
treat them as if they do in absence of evidence to contrary
153
when must a suspect be in the care of a woman
girl under 18 in custody
154
who to inform when a child is arrested
parent/guardian, person responsible for them
| any organisation monitoring child under court order
155
how to accommodate blind suspects at the station
get person who isn't involved in investigation to help them check docs
156
what is an appropriate adult
someone who attends station to supportr child or suspect with mental illness
157
hierarchy of appropriate adults for children
parent/guardian
social worker
responsible adult over 18 not connected to police
158
hierarchy of appropriate adults for mentally ill
relative, guardian
someone experienced in vulnerable people
other responsible adult
159
can solicitor be appropriate adult
no - must be in addition
160
role of appropriate adult
no just to observe, make sure they understand, facilitate communication
161
who should not be an appropriate adult
police, party of case, solicitor, someone suspect confessed to before they were asked to be adult, estranged parent that child objects to
162
are conversations between suspect and appropriate adult legally privilleged
no
163
can appropriate adult request legal advice
yes can request it but cannot force child to accept it
164
what must CO do when appropriate adult arrives
explain rights to child in front of adult
165
does child need to be cautioned
yes must be in presence of appropriate adult
166
can child be interviewed or asked for statement without adult
no
167
who to obtain consent from when child or mentally ill person needs to take part in process that required consent
under 14 - parent
over 14 - child and parent
mentally ill - consent in front of appropriate adult
168
when can appropriate adult be asked to leave
prevent the questioning of suspect. SI or above or inspector not connected to investigation. remind adult of role and decide whether to replace them
169
how are options for charging children different to charging adults
same options plus 2 extras: community resolution and youth caution
170
additional circumstances when a child can be denied bail
for their own interest- in addition to reasons applicable to adults
171
do children get a charge sheet
yes but it should be given to the adult
172
where does a child go if they are denied bail
they are remanded into the care of the local authority
can only be kept in police custody if not practical to more them or
12 years plus, no secure accommodation available with LA and keeping them in LA accommodation wouldn't protect public from serious harm
173
requirements for accommodating a child who is kept at station
keep separate from adults
| not in a cell unless necessary for supervision
174
can a child be denied transfer to local authority care on basis of behaviour or offence
no
175
who takes charging decisions regarding children
indictable offence - CPS
first summary or either way - police
subsequent summary or either way - police following assessment with YOT
176
what is a community resolution
informal agreement between parties involved
177
when can a community resolution be used
minor offence, first time offender, victims views considered
178
does a community resolution create a criminal record
no
179
when can a youth caution be used
sufficient evidence to charge
admission of guilt
not in public interest to prosecute
give in presense of adult
180
how long can conditions of youth caution last
16 weeks for summary or 20 weeks for either way and indictable
181
aims of youth caution
rehabilitation, reparation or punishment
