SQE 1 Criminal Practice notes. Crafted by a recent graduate, these notes are tailored to the SRA syllabus, ensuring they cover the crucial Criminal Practice concepts you need to master. These notes are perfectly structured to make a closed book exam that much easier. The notes feature case studies ...
Arrival at the Police Station:
A suspect must be taken to the police station ‘as soon as is practicable after the arrest’
● All persons in custody must be dealt with expeditiously and released from the station as
soon as the need for detention no longer applies
The Custody Officer:
● A suspect who has been arrested must be brought before a custody officer in the custody
suite on their arrival at the police station
● The custody officer is responsible for authorising the detention of the suspect and
supervising their welfare
● Usually should be at least the rank of sergeant & should not be involved in the
investigation of the offence
● Must open and maintain a custody record which is attached to a detention log
● Must record all the items that a suspect has on them
● Allowed to seize and retain any items if they have reasonable grounds for believing they
may be evidence / that the suspect may use them:
a) Cause physical injury to themself / others
b) Cause damage to property
c) Interfere with evidence
d) Assist an escape
Detention?
, ● If there is sufficient evidence, the suspect should be charged straight away (and then
either released on bail / remanded in police custody)
● If there is not sufficient evidence to charge immediately, the suspect should be released,
unless:
a) The custody officer has reasonable grounds for believing that detaining the
suspect, without charge, is necessary to secure or preserve evidence relating to an
offence for which they are under arrest;
● E.g. a search of their premises / to obtain identification evidence
b) It is necessary to obtain such evidence by questioning
If the custody officer becomes aware that the grounds on which a suspect’s detention was
authorised have ceased to apply, they must be released immediately
Conditions of Detention:
● The cell in which a suspect is held must be adequately heated, cleaned and ventilated, and also
adequately lit
● Any bedding supplied to a suspect must be of a reasonable standard and in a clean and sanitary
condition
● A suspect must be provided with access to toilet and washing facilities
● A suspect must be offered at least two light meals and one main meal in any 24-hour period, and
drinks should be provided at mealtimes and upon reasonable request between meals
● A suspect should be offered brief outdoor exercise daily if this is practicable
● Suspects should be visited in their cells at least every hour
Detained for Questioning:
The suspect must be informed about their ongoing rights which may be exercised at any time
whilst they are in custody:
, a) The right to have someone informed of the suspect’s arrest
b) The right for the suspect to consult privately with a solicitor
c) The right to consult the Codes of Practice.
d) The right to be informed about their offence and any further offences
Right to legal advice
A suspect has the right to receive free and independent legal advice
● Will be allowed to consult a solicitor ‘as soon as practicable’
● Unless a suspect asks for legal advice to be paid for privately, the police must contact the Defence
Solicitor Call Centre (DSCC)
● Telephone advice can be provided by free through Criminal Defence Direct (CDD)
Delaying legal advice:
Any delay to legal advice must be:
a) Authorised by an officer of at least the rank of superintendent and
b) Only if the suspect has been arrested for an indictable offence
Requirements:
● Can only be for a maximum of 36 hours from the relevant time; and
● Authorisation can be given orally, but must be confirmed in writing; and
● Only if the officer has reasonable grounds for believing that the exercise of this right will:
a) Lead to interference with or harm to evidence connected with an indictable
offence, or interference with or physical injury to other persons; or
b) Lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it; or
c) Hinder the recovery of any property obtained as a result of such an offence
In R v Samuel, held that the superintendent must think any of the above ‘will very probably
happen’ → i.e. that the legal adviser will either deliberately / inadvertently cause it (rare)
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