Police station advice

Question 1

Rights D should be informed of on arrival to police station

Answer 1

1. Right to consult a solicitor
2. Right to notify someone of arrest
3. Right to consult codes of practice

Question 2

Right to indepndent legal advice and restriction

Answer 2

Right at any time whilst in custody and police must provide ASAP.
May be delayed up to 36 hours if:
1. Indictable offence
2. Authorised by SI
3. SI has reasonable grounds to beleive soliciotr will hinder recovery of property, alert supects or harm evidence.

Police should give D another soliciotor

Question 3

Right to have someone informed of arrest and restriction

Answer 3

Right to have someone informed of arrest on arrival to police station (and every time moved to new location).
May be delayed up to 36 hours if:
1) indictable
2) Inspector authorised
3) reasonable grounds to believe person will hinder recovery of property, alert suspects, harm property or another

May only delay for as long as ground exists - once recovered should allow phone call.

Question 4

Grounds for detention

Answer 4

1) Sufficient Evidence
2) Insufficient Evidence + necessary to preserve or secure evidence or obtain evidence by questioning

Question 5

Reviews

Answer 5

Reviews must be carried out within 6 hours detention was authorised and every 9 hours after
Must be conducted by an inspector unlreated to offence

Question 6

Detention time limits

Answer 6

D can be detained for a max 24 hours.
May extend further
12 hours if (1) Indictable (2) SI authorised (3) grounds for detention (4) diligent and expeditious
36 hours + 24 hours if mag permission and above satisfied.

Question 7

When must an ID procedure be held?

Answer 7

1) W could identify D (saw face)
2) D is unknown to W
3) D disputes involvement

Question 8

ID procedure advice

Answer 8

D does not have to participate but adverse inference may be drawn if refuses. Thye do not need D’s consent to carry out procedure
VIPER unless not practicable
W will be shown D and 8 others who look similar and must pick who they beleive D to be

Question 9

Examples of s78 PACE ID procedure breaches

Answer 9

1. W must provide written description first
2. Ws must not discuss or be reminded of description / photo
3. ID officer (inspector + not involved)
4. D given notice plus reminded: ILA, adverse inference
5. Soliciotr present
6. recorded with sound

Question 9

Definition of interview

Answer 9

Questioning D about involvement in offence

Question 10

How to get interview exlcuded under s78 PACE?

Answer 10

• Not at police station
• Insufficient disclosure (nature of offence and why suspected)
• Cautioned
• Significant statements read out
• Audio recorded
• Reminded of right to ILA
• Fit for interview (capable understanding significance Unless SI authorised)

Question 11

Right to silence

Answer 11

D has a right to remain silent (not answer any questions). Anything D does say coudl be used as evidence against them at trial. However, if D does not say anything adverse inference may be drawn from silence. Adverse inference is where at trial the court is permitted to conclude that you didn not say anything because you knew it woudl make you look guilty or you knew it would not stand up to questioning. Or that you invented the facts between interview and trial.

Question 12

When can an adverse inference be drawn?

Answer 12

1) No Breach of PACE
2) Reminded of right to ILA
3) Other evidence against D

3 circumstances
1) D was cautioned at interview. 2) at trial D mentions somthing they never previously mentioned adn it would ahve been reasonable to have mentioned it
2) D was arrested at or near the scene of the offence at about the time it was committed. D fails to explain presence and given ordinary language caution.
3) At time of arrest D had substance, mark or object on person adn fails to account / give explanation for it. Given special warning

Question 13

Advice at interview

Answer 13

• everything you say is admissible
• right to remain silent
• possibility that adverse inference may be drawn

3 options: anwer, remain silent or submit written statement. Best option depends on argent factors:
- Amount of disclosure
- other evidence against D
- Adverse inferences
- Liklihood of reaching trial
- D’s instructions
- State of client
- Defence

Question 14

What is an apporpriate adult and who can be an appropriate adult?

Answer 14

Role is to support D, esnure rights are protected, assist with communication.

Anyone can be, but not police officer, soliciotr, reeived confession, involved in investigation, low IQ, estranged parent who child specifically objects to