Rights of a suspect

Question 1

CMA/Writing Question Structure

Answer 1

1. What is the right?
2. Under what circumstances can it be delayed?
3. Conclude Has there been a breach?

IRAC throughout

Question 2

What are a suspect’s rights?

Answer 2

1. Right to have someone informed
2. Right to consult a solicitor privately
3. Time held in custody

Question 3

Right to have someone informed

Answer 3

1. Suspect has the right to have someone informed. This can be a friend, relative or any person is knows them
   - Entitled to have someone informed as soon as practicable
2. Delay of this right: can be delayed up to a maximum 36 hours.
   Conditions:
   - Indictable offence
   - Authorised by at least the rank of inspector
   - Inspector has reasonable grounds to believe that the person informed could: interfere with/harm evidence, other witnesses, hinder recovery of property
3. Apply to the facts - was there a breach? Did the inspector have reasonable grounds?

Question 4

Delay in allowing access to contact with a solicitor

Answer 4

1. A suspect is entitled to consult a solicitor privately at any time.
   - Once a suspect makes the request, they are permitted to consult a solicitor as soon as practicable
   - Unless a delay of up to 36 hours was permitted
2. Reasons for a delay being permitted
   - Indictable offence
   - Officer of at least the rank of superintendent
   - Reasonable grounds: inference with or harm to evidence, alerting other suspects, hindering recovery of property
3. Analyse if the reasons for delaying the right are reasonable/valid grounds?

• Note that if the superintendent refuses because of an issue with a particular solicitor, this is not valid. The suspect must be offered access to alternative solicitor

4. Conclude - was it unlawful?

Question 5

Extension of detension

Answer 5

1. Maximum period for detention is 24 hours from the time the suspect arrives in police station
   - Check that the time for detention is entered correctly in custody record
2. This can be extended by up to a further 12 hours. Grounds for extension:
   - Must be authorised by superintendent or above
   - Reasonable grounds to believe detention is necessary to secure or preserve evidence or obtain evidence by questioning
   - Offence must be indictable
   - Investigation is being conducted diligently and expeditiously
3. What must take place for extension to be granted?
   - An extension should only be granted after the second review of detention has taken place
   - First review: 6 hours after detention first authorised, and then nine hours after that initial review
   - Failure to carry out reviews is unlawful