Summary of the ULaw criminal practice textbook. Covers every detail required to memorise from the textbook for SQE assessment. Saves you time from reading the whole textbook which includes information that is not targeting the exam.
Passed SQE1 on my first sitting relying solely on these notes!
Chapter 1: Detaining a Suspect at the Police Station and Police Interviews
After the arrest
● suspect who has been arrested must usually be taken to the police station ‘as
soon as is practicable after the arrest’ unless the arresting officer decides to
Procedure on grant ‘street bail’
arrival at the ● Code C provides that all persons in custody must be dealt with expeditiously, and
police station be released from the police station as soon as the need for detention no longer
applies’
Custody officer
Rules
● Once the suspect arrive at the police station, he must be brought before a
custody officer as soon as possible
● Responsibility
○ Authorise the detention
○ Supervise their welfare
● Position of custody officer
○ Need to hold at least the rank of sergeant
○ Cannot involve in any of investigating procedure
Initial steps taken by custody officer
1. Need to open and maintain a custody record for each suspect
2. Attach a detention log to the custody record
a. Involve all significant events occur whilst suspect is in the police station
3. MUST inform the suspect about their ongoing rights
4. Must authorise a search to find out what items of property a suspect has on them
+ make a record of these items
5. Have the right to seize and retain any items the suspect has
a. Clothing and personal effects may only be seized if the custody officer
has reasonable ground to believe that the item has evidence / suspect
might use it to hurt themselves
Custody officer will make a decision to detain a suspect
● Depend on whether there is ‘sufficient evidence’ to charge
● Procedure to make decision
○ Will ask investigating officer for existing evidence against the suspect
○ If insufficient evidence, will ask investigating officer what steps are
proposed to take if detention is authorised
○ Will note any comments made by the suspect to the alleged reason of
arrest
, ○ BUT questions about the suspect’s suspected involvement should not
be asked
● At early stage, unlikely to have sufficient evidence → otherwise will directly
charge
Grounds for detention
● Even if there are insufficient evidence, custody officer can still authorise the
detention if ONE of the two grounds is satisfied
● Ground 1 = 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
○ Happen when the police want to carry out a search of the suspect’s
premises
○ where they are still looking for evidence of the offence
○ where the police want to obtain some form of identification evidence and
can do so only whilst the suspect is in the police station
● Ground 2 = it is necessary to obtain such evidence by questioning
● these grounds may both apply, and they are not mutually exclusive
If the custody officer becomes aware at any time that the grounds on which a suspect’s
detention was authorised have ceased to apply (and that no other grounds to justify their
continued detention exist), the suspect must be released immediately
Conditions of detention – under Code C
1. The cell must be adequately heated, cleaned, ventilated, and adequately lit
2. Any bedding supplied to a suspect must be of a reasonable standard and in a
clean and sanitary condition
3. suspect must be provided with access to toilet and washing facilities
4. 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
5. A suspect should be offered brief outdoor exercise daily if this is practicable
6. Suspects should be visited in their cells at least every hour
7. If suspect is injured, appears to be suffering from physical illness or mental
disorder or appears to need clinical attention, the custody officer must make
arrangements to ensure that the suspect receives appropriate clinical attention
as soon as reasonably practicable
Suspect’s ongoing rights - may be exercised at any time in custody (must be informed of
this ongoing rights)
Rights of a 1. the right to have someone informed of the suspect’s arrest
suspect being 2. the right for the suspect to consult privately with a solicitor / free, independent
,detained by the legal advice is available
police for 3. the right to consult the Codes of Practice
questioning 4. right to be informed about the offence and why they have been arrested and
detained
Right to legal advice
● Anyone arrested and detained has the right to receive free and independent legal
advice
● If suspect makes such request, they must be allowed to consult a solicitor ‘as
soon as practicable’
● Suspect might be informed that they may exercise such right at any time
● If free legal advice if sought, police must contact the Defence Solicitor Call
Centre (DSCC) → determine whether the case is such that telephone advice is
sufficient or whether a solicitor should attend
○ Telephone advice, where appropriate, is provided for free through
Criminal Defence Direct (CDD)
● If a solicitor attends the police station to see a particular suspect, that suspect
must be informed of the solicitor’s arrival at the police station
○ must then be asked if they would like to see the solicitor, even if they
have previously declined legal advice
● These should be noted down in custody record
According to Code, police officer MUST NOT do or say anything with the intention of
dissuading a person from obtaining legal advice
Delaying right to legal advice – section 58
● police have a very limited right to delay the exercise of the right to legal advice
● Any delay must be authorised
○ by an officer of at least the rank of superintendent
○ only when a suspect has been arrested for an indictable offence = either
way / indictable-only
● Length of delay = max 36 hours from relevant time
● Authorisation can be given orally
○ But must be confirmed in writing as soon as is practicable
● Grounds to delay – when it has reasonable ground to believe that the right to
legal advice will
○ lead to interference with to evidence connected with an indictable
offence / physical injury to other persons
○ OR lead to the alerting of other persons suspected of having committed
such an offence but not yet arrested for it
○ OR hinder the recovery of any property obtained as a result of such an
offence
● R v Samuel [1988]
, ○ Superintendent must have a subjective belief that consultation will result
in one of the 3 grounds
○ The fear that a solicitor might advise his client not to answer questions
would never be an adequate ground to delay such access.
Right to have someone informed of arrest
● Must be able to exercise such right as soon as practiecable
Delaying right to legal advice
● Any delay must be authorised
○ by an officer of at least the rank of inspector
○ only when a suspect has been arrested for an indictable offence
● Length of delay = max 36 hours from relevant time
● Authorisation can be given orally
○ But must be confirmed in writing as soon as is practicable
● Grounds to delay – when it has reasonable ground to believe that the right to
telling the named person of the arrest will
○ lead to interference with to evidence connected with an indictable
offence / physical injury to other persons
○ OR lead to the alerting of other persons suspected of having committed
such an offence but not yet arrested for it
○ OR hinder the recovery of any property obtained as a result of such an
offence
Detention time limit (before charge)
The initial maximum period of detention before charge
1. Suspect should not be kept in detention for more than 24 hours without being
charged
2. 24 hours start from the ‘relevant time’
a. For person attending voluntarily at the police station and then arrested
at the police station → the time of their arrest
b. For person who attends a police station to answer ‘street bail’ → the
time when they arrive at the police station
c. For suspect who has been arrested from other places and brought to
police station → the time when the suspect arrives at the first police
station to which they are taken after their arrest
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