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Summary Criminal Practice Detailed Revision Notes SQE1 FLK2
Detailed notes covering the criminal practice element of the SQE1 FLK2 exam.
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Criminal PracticeCRIMINAL PRACTICE: CONCISE REVISION
NOTES
TOPICS
1. Advising Clients about procedure and processes at the Police Station
2. First hearings and pre-hearing
3. Bail
4. Admission and Exclusion of evidence
5. Trial procedure in Magistrates and Crown Court
6. Sentencing
7. Youth Court
ADVISING CLIENTS ABOUT PROCEDURE AT THE POLICE
STATION
RIGHTS OF A SUSPECT BEING DETAINED FOR POLICE QUESTIONING
Powers of various officers
Rank of Officer (Descending) Powers
Superintendent Authorise continued detention
from 24 hours to 36 hours
Delay access to legal advice
Inspector Delay right to contact a friend or
relative
Review detention after 6 hours
and thereafter at 9 hourly
intervals
Responsible for conducting
identification procedures
Sergent Authorise detention and supervise
welfare
Open up custody record
Give suspect their rights
Authorise search on arrival
Determine whether or not to
charge / release on bail or keep in
custody
Procedure on arrival at the police station
Minors- under 12 to be remanded at other local authority accommodation, under 14 the
consent of a parent will suffice.
Suspect taken to police station as soon as is practicable after arrest and
brought before the custody officer (responsible for opening and maintaining a
custody record with key information)
o can seize and retain any items on suspect’s person if they believe
they may use them to: cause physical injury, cause damage to property, to
interfere with evidence, assist them to escape
Sergent will determine if there is sufficient evidence to remand in custody or
release on bail
,Criminal Practice
o If insufficient evidence, released.
Detention
Conditions
Adequate heating, cleaning, ventilation and adequately lit.
Any bedding of a clean and sanitary condition
Access to toilet and washing facilities
Offered two light meals, one main and drinks at reasonable request
Exercise
Any appropriate clinical attention where required.
Rights of a suspect
Right Where right can be delayed Who can
authorize this
To have someone Suspect arrested for an indictable Inspector and
informed of their offence. Superintendent
arrest Reasonable grounds to believe
that doing so will:
o lead to interference with or
harm to evidence connected
with an indictable offence, or
interference with or physical
injury to other persons
o lead to the alerting of other
persons suspected of having
committed such an offence
but not yet arrested for it
o or hinder the recovery of any
property obtained as a result
of such an offence (s 56(5)).
Delay for a maximum of 36 hours from
the relevant time. Authorization confirmed
in writing as soon as possible.
Right to free, A very limited right Superintendent
independent legal Suspected arrested for an only
advice indictable offence
Reasonable grounds to believe
As soon as that doing so will:
practicable, o lead to interference with or
through private harm to evidence connected
solicitor or with an indictable offence, or
DSCC/CDD. interference with or physical
injury to other persons;
o or lead to the alerting of
other persons suspected of
having committed such an
offence but not yet arrested
for
o or hinder the recovery of
any property obtained as a
result of such an offence
Delay for a maximum of 36 hours from
, Criminal Practice
the relevant time. Authorization confirmed
in writing as soon as possible.
Detention time limits
Period Time limit Details/ Requirements
Initial maximum 24 hours Voluntary attendance – time of arrest
period Street Bail – When they are arrive at
the police station
Arrested away from station – when
they arrive at the station
Extension from the 36 hours S42 can be authorized by superintendent
initial maximum (+12) where:
period Indictable offence
Detention is necessary to preserve
evidence
Investigation being carried out
diligently and expeditiously
Further extension by 72 hours Police must warrant further detention from a
the court (+36) magistrate’s court. Requirements:
Indictable offence
Detention is necessary to preserve
evidence
Investigation being carried out
diligently and expeditiously
Exceptional 96 hours the court can grant a further extension but
extensions by the (+72) cannot be for longer than 36 hours.
court
Periodic Reviews Should take place no more than six hours after custody officer
authorized detention
The second no more than nine hours after the first and so on.
ADVISING A CLIENT AS TO WHETHER TO ANSWER POLICE QUESTIONS
A solicitor must protect and advance the rights of their client. It is important to obtain
information from the custody officer and investigating officer on arrival at the police
station.
Entitled to inspect the custody record and a copy when the police leaves the
station
Aiming to find out about as much evidence the investigating officer has as
possible
Options for the Client during interview
Interview option Advantages Disadvantages
Answer all Client puts down their version of Many suspects will say
questions events immediately . something incriminating
and officers will use tactics
This would build their credibility to trip them up.
at trial if they show a consistent
story.
Give ‘no There is no danger of the Client If subsequently charged,
comment’ making admissions or giving the magistrates/ jury could
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