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LPC Exam Notes - Dispute Resolution Workshop 13 (University of Law) $4.00   Add to cart

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LPC Exam Notes - Dispute Resolution Workshop 13 (University of Law)

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Complete notes covering Workshop 13 of the University of Law's Dispute Resolution Module. - Police Powers and Duties - Police Station Process - Police Interviews (Inferences from Silence) - Charging

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  • November 12, 2020
  • 10
  • 2020/2021
  • Exam (elaborations)
  • Answers

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By: mollyguest • 1 year ago

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By: ms.t1 • 3 year ago

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By: tanyaa097 • 3 year ago

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DR WS13

Police Powers and Duties, and the Police Station
At the Police Station
Procedure on Arrival at the Police station
Arresting officer
 Has power of arrest without warrant under s. 24 PACE, but must have suspicion (Hussein v Chong Fook Kam)
 Tell arrested person they are under arrest: s28(1) PACE
 Tell the arrested person the grounds on which they have been arrested (s24.5, s23(8), Code C 10.3)
 Caution them before questioning: Code C 10.1 – Standard wording set out in Para 10.5
 Take suspect to police station immediately after arrest unless there are investigations which are reasonable to carry out
immediately elsewhere: s. 30 PACE
 Remind suspect of their right to legal advice (Code C 6.1; 11.2)
 Bring suspect to the custody officer asap (as soon as practicable): C2.1A
 Where there is insufficient evidence, may ask person to attend police station voluntarily – arrest will only be made once
there are sufficient grounds for arrest.
Custody Officer
 Be of at least the rank of Sergeant and be unconnected with the investigation: s.36 PACE
 Tell the suspect their rights and give them an oral and written statement of their rights to:
 Free independent legal advice (s.58)
 Read the Code of Practice; and
 Have someone informed of their arrest (s.56)
 Consider whether there is sufficient evidence to charge the suspect: s37(1) PACE
 Open a written Custody Record (s36 PACE) which includes:
 Reason for arrest: Code G para 4.3
 Time of arrest, time of arrival at the station and time told of right to legal advice
 Reason for detention and time it was authorized
 Suspect’s response and any comments made
 When legal adviser arrived; and
 List of property suspect had on him on arrival
 May search suspect and seize items if they could be used by suspect to harm himself or others: s 54(3)
 Attach a detention log to record all significant events that occurred while in custody
 If there is not enough evidence at present, may authorize a detention without charge (s37(3) PACE) if there are
reasonable grounds for this (e.g. obtain such evidence by questioning).
 If there are sufficient grounds, CO should require investigation offer to charge suspect.
 If those grounds cease to apply at any time, the CO must release the suspect as soon as they become aware of this: s 39

Role of the Solicitor at the police station

Defence Solicitors
Most defendants are represented by a solicitor but they can represent themselves.
 Defence solicitor will provide advice and assistance to a suspect in the police station before suspect
is charged.
 If suspect is then charged, then the defence solicitor will represent that person in proceedings
before the court
 If the case reaches the Crown Court, then defence solicit will normally instruct a
barrister/solicitor advocate to be the client’s advocate in court
Objectives
At the police station the solicitor has three objectives:
(1) Find out as much as possible about the alleged offence
(2) Find out if there have been any breaches of procedure and Codes by the police.
(3) Check on the client’s state and find out about any vulnerability


Where a client has exercised his right to legal advice,
the procedure on the solicitor attending the police station is as follows :
1

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