Police station

Question 1

Code D PACE

Answer 1

Identification

Question 2

Code C PACE

Answer 2

Detention

Question 3

Custody officer conflict of interest?

Answer 3

Should not be involved in investigation + at least sergeant rank

Question 4

Role of custody officer?

Answer 4

Authorise detention + maintain custody record

Question 5

Police may not release client on bail if…

Answer 5

• reasonable grounds to believe suspect should be detained to preserve evidence or
• need to question

Question 6

Rights of a suspect in custody

Answer 6

1. inform someone of arrest
2. legal advice and
3. consult Codes of Practice
4. know of arrest and why

Question 7

Grounds to delay right to legal advice/right to inform someone?

Answer 7

1. alert connected persons unarrested
2. interfere with evidence
3. hinder recovery of any property

Question 8

Who can delay legal advice?

Answer 8

• indictable offence
• authorised by superintendant
• max 36 hours delay

Question 9

How long can right to legal advice be delayed for?

Answer 9

Max 36 hours

Question 10

Who can you delay right to inform someone of arrest?

Answer 10

• Inspector
• indictable only
• max 36 hours

Question 11

Detention time limit?

Answer 11

24 hours from arrival at police station (or arrest if voluntarily attended)

Question 12

Extension of detention + grounds?

Answer 12

+12 hours IF superintendant has reasonable grounds:

• detention is nessecary to preserve evidence
• indictable offence
• diligently and expeditios investigation

+36 hours extension by court

Question 13

Maximum amount suspect can be detained

Answer 13

96 hour (anything beyond 36 hours need court permission)

Question 14

Who reviews suspect’s detention?

Answer 14

Inspector

Question 15

Time limits for review of detention?

Answer 15

1st review: 6 hours after authorisation

2nd review: 9 hours after 1st review

Question 16

What is an adverse inference?

Answer 16

Fail to mention a defence in interview which you later rely on at trial

Question 17

Interview procedure under code C?

Answer 17

• No inducements
• no threatening body language
• 2 hours break refreshments
• 8 hour break if interview longer than 1 day

Question 18

Effect of breaching code C?

Answer 18

anything said in interview can be inadmissable

Question 19

When can you pass information of one client to another?

Answer 19

• written consent
• beneficial to both
• both agree

Question 20

When dont you have to disclose info about the case to client?

Answer 20

• national security
• risk of serious harm or injur
• mistakenly disclosed by other party in priviliged doc

Question 21

Withdraw from acting

Answer 21

• tell client you no longer work for them
• still owe duty of confidentiality
• entitled to free legal advice
• ‘decline to act for professional reasons’ to custody officer