Right to legal advice at Police Station & Detainee rights Flashcards
(21 cards)
What legislation establishes the right to legal advice for individuals in police detention?
The Police and Criminal Evidence Act (PACE).
What must all detainees be informed of regarding legal advice?
That they may consult and communicate privately with a solicitor at any time, and that free, independent legal advice is available.
In what formats can a detainee communicate with their solicitor?
In person, in writing, or by telephone.
What is the policy on police officers influencing access to legal advice?
No officer should do or say anything intended to dissuade a detainee from obtaining legal advice.
How can legal advice be accessed at no cost during detention?
Through the Police Station Advice and Assistance Scheme.
When can the right to consult a solicitor be delayed for an uncharged detainee?
It can be delayed for up to 36 hours from the time of detention under specific circumstances.
What are three grounds on which the delay of legal advice may be justified?
(1) Risk of interfering with or harming evidence;
(2) Risk of alerting other suspects;
(3) Risk of hindering the recovery of property from an offence.
Does the delay in access to legal advice apply after a person has been charged?
No, the delay only applies before a person is charged.
What is the basic right a detainee has under PACE regarding notifying others of their arrest?
A detainee may request to have one friend, relative, or known person informed that they are under arrest and in custody.
Can the right to have someone informed of arrest be delayed?
Yes, it can be delayed by the police for up to 36 hours from the time of detention.
On what grounds can the police delay the right to inform someone of your arrest?
If informing someone could lead to (1) interference with evidence, (2) alerting other suspects, or (3) hindering the recovery of stolen property.
Is the right to have someone informed of arrest absolute and immediate?
No, it may be restricted temporarily under specified legal grounds.
Who decides whether the delay of this right is justified?
The custody officer or a senior police officer, based on reasonable grounds outlined in PACE.
Under PACE, what is the standard maximum time a person can be detained without charge?
24 hours from the time of arrest or arrival at the police station, whichever is earlier.
Under what conditions can detention without charge be extended to 36 hours?
If the offence is indictable, evidence needs to be secured or preserved, and the investigation is being conducted diligently.
What is the maximum period a suspect can be detained without charge for an indictable offence with court permission (non-terrorism)?
Up to 96 hours (4 days).
How long can a terrorism suspect be detained without charge under the Terrorism Act?
Up to 14 days.
When must the first detention review take place under PACE?
No later than 6 hours after detention was first authorised.
When must the second detention review be conducted under PACE?
No later than 9 hours after the first review.
What is the maximum interval between subsequent detention reviews after the second review?
No more than 9 hours apart.
What is the purpose of conducting regular detention reviews under PACE?
To ensure continued detention is justified and lawful within statutory limits.
