Clear, precise, detailed, yet concise, Criminal Practice summary for SQE students. I have devoted so much time and energy to writing these notes-summaries that eventually they paid off. Not only they allowed me to pass my PDGL with a distinction, but they were key to studying for the SQE exam. My s...
TOPIC 1 - THE PROCEDURE AND PROCESSES AT THE POLICE STATION:
DETAINING A SUSPECT AT THE POLICE STATION AND POLICE INTERVIEWS:
Procedure on arrival at the police station:
S 30(1A) PACE: A suspect who has been arrested […] must usually be taken to the police station ‘as soon as
is practicable after the arrest’ (s 30(1A)) unless the arresting officer decides to grant ‘street bail’.
Para 1.1 Code C: ‘all persons in custody must be dealt with expeditiously, and be released from the police
station as soon as the need for detention no longer applies’.
The custody officer:
Arrested suspect brought before custody officer as soon as they arrive at the police station.
Custody officer (“C.O.”): police officer holding at least the rank of sergeant, who should not be involved in
the investigation of the offence for which the suspect has been arrested. Responsible for:
(i) Authorising detention; (ii) supervising suspect’s welfare whilst in custody; (iii) opening and
maintaining a custody record for each suspect arrested and brought to police station.
Para 2.1A Code C: arrested suspect should be brought before the custody officer as ‘soon as practicable’.
Custody record: electronic document containing key information:
a. the suspect’s name, address, telephone number, date of birth and occupation;
b. the offence for which the suspect has been arrested and why the arresting officer considered it
necessary to arrest the suspect (Code G, para 4.3);
c. the time of the suspect’s arrest and the time of their arrival at the police station;
d. the reason why suspect’s ongoing detention at police station has been authorised by custody officer;
e. the time such detention was authorised;
f. confirmation that the suspect has been given details of the rights they may exercise whilst detained
at the police station (see below), and whether they have requested legal advice from a solicitor; and
g. details of items of property suspect has on them, and details of any medical condition they suffer.
+ attached detention log - record of all the significant events that occur whilst the suspect is in police custody.
Code C, Para 4.1: C.O. will authorise a search of the suspect, to the extent the officer considers necessary to
ascertain what items the suspect has on their person.
ss 54(1) and (2) PACE: C.O. should make a record of these items.
S 54(3) PACE: C.O. can seize and retain any items the suspect has on their person. Items of clothing +
personal effects seized only if reasonably believed they may be evidence or the suspect may use them:
(a) to cause physical injury to themself or others;
(b) to cause damage to property;
(c) to interfere with evidence; or
(d) to assist them to escape (Code C, para 4.2).
The decision to detain a suspect:
s 37(1) PACE: CO determines whether there is ‘sufficient evidence’ to charge suspect with the offence.
Code C, para 3.4: CO should not put any questions to the arrested person about their suspected involvement
in any offence. + CO should note in custody record any comments made by suspect regarding the arrest.
—> Grounds for detention:
No sufficient evidence to charge immediately —> suspect released either on bail or without bail, UNLESS:
CO 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; or
it is necessary to obtain such evidence by questioning (s 37(2) PACE).
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, If grounds cease to apply at any point —> the suspect must be released immediately (s 39 PACE).
—> Conditions of detention:
Code C, para 8.2: cell in which suspect is held must be adequately heated, cleaned, ventilated, and lit.
Code C, para 8,3: bedding supplied to suspect: of a reasonable standard and in a clean and sanitary condition.
Code C, para 8.4: A suspect must be provided with access to toilet and washing facilities.
Code C, para 8.6: 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.
Code C, para 8.7: A suspect should be offered brief outdoor exercise daily if this is practicable.
Code C, para 9.3: Suspects should be visited in their cells at least every hour.
Code C, paras 9.5, 9.5A and Annexes G and H: Suspect injured, physical illness or mental disorder, needs
clinical attention = CO arrange that suspect receives clinical attention as soon as reasonably practicable.
Rights of a suspect being detained by the police for questioning:
Before decision on detention, suspect must be informed about their ongoing rights while in custody:
a. the right to have someone informed of the suspect’s arrest (s 56 PACE);
b. the right for the suspect to consult privately with a solicitor (the suspect must be told that free,
independent legal advice is available; s 58 PACE); and
c. the right to consult the Codes of Practice.
+ Right to be informed about the offence(s) for which they are arrested and why they were arrested.
Right to legal S 58(1) PACE: person arrested and held in custody entitled to consult a solicitor privately at any time.
advice: If suspect makes request, must be allowed to consult solicitor ‘as soon as practicable’.
whether in person, in writing or by telephone (Code C)
Unless suspect asks for legal advice to be paid for privately, the police must contact the Defence Solicitor
Call Centre (DSCC) – which determines if telephone advice is sufficient or S should attend.
Code C, 6.15: suspect asked if they would like to see S, even if they previously declined legal advice.
—> Solicitor’s attendance and suspect’s decision notice in custody record
—> Suspect must be informed of solicitor’s arrival at police station.
Code C, 6.4: at no time should a police officer do or say anything intending to dissuade a person from
obtaining legal advice.
Code C, 6ZA: police officer should never indicate to suspect that custody period may be reduced:
o if they do not ask for legal advice or do not want a solicitor present when they are; or
o if they have asked for legal advice or ... asked for a solicitor to be present when they are interviewed
but change their mind and agree to be interviewed without waiting for a solicitor.
S should attend whenever a client requests their attendance + other factors including: seriousness of offence,
vulnerability of suspect, complaint about police misconduct, identification procedure etc.
Delay of the right to legal advice: Police have a very limited right to delay it. PACE provisions:
S 58(6): delay authorised by officer of at least rank of superintendent and only for an indictable offence
S 58(5): length of any delay —> maximum of 36 hours.
S 58(7): authorisation for delay can be given orally, but must be confirmed in writing asap.
Authorisation only if 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 alerting of other persons suspected of having committed the offence but not yet arrested; or
c. hinder the recovery of any property obtained as a result of such an offence (s 58(8)).
The belief must be towards a particular legal adviser. S 58 right is fundamental.
Right to have S 56(1) PACE: suspect entitled to have one friend or relative or other person who is known to him or who is
someone likely to take an interest in his welfare told, asap, that hr has been arrested and is being detained.
informed:
Delay of this right: authorised by officer of at least the rank of inspector and only for indictable offence.
Maximum of 36 hrs + authorisation can be given orally but must be confirmed in writing asap.
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, Police must have reasonable grounds for believing the suspect will: same grounds as above.
Detention time limits and reviews of detention under PACE 1984, Code C: two different clocks.
The Detention = initial maximum period of detention before charge.
Clock: S 41 PACE: a person ‘shall not be kept in police detention for more than 24 hours without being charged’.
24 hrs period begins from the ‘relevant time’:
Volunteer attending police station —> time of arrest at the police station.
Suspect on ‘street bail’ —> time of arrival at the police station.
Suspect arrested away from the police station —> time of arrival at the first police station.
NB. Police do not usually need the full 24-hour period and will either release the suspect under investigation
(RUI), bail the suspect before charge or charge the suspect well within this 24-hour period.
Extension of maximum period of detention: rank of superintendent or above
S 42: up to 36 hrs (ie additional 12 hrs) if reasonable grounds to believe:
Necessary to secure/preserve evidence relating to offence or to obtain such evidence by questioning;
Offence is an indictable offence (indictable only or either way)
Investigation is being carried out diligently and expeditiously.
S 43: up to a max of 72 hrs if reasonable grounds to believe such detention is justified. Justified only if:
Mag court must grant warrant for further detention.
Necessary to secure/preserve evidence relating to offence or to obtain such evidence by questioning;
Investigation is being carried out diligently and expeditiously.
S 44: exceptional cases - police may apply to magistrates court for an extension of warrant of further
detention IF (i) s 43 grounds are satisfied and (ii) reasonable grounds for believing detention is justified.
An extension granted under s 44 ‘shall be for any period as the court thinks fit’ but cannot:
a. be longer than 36 hours; or
b. end later than 96 hrs (ie four days) after the ‘relevant time’.
= maximum period in custody is 4 days.
The Review S 40: police must do periodic reviews to ensure grounds on which detention was authorised still apply.
Clock: If reviews not carried out: any detention after this time will be unlawful and amount to false imprisonment.
Reviews before suspect is charged done by inspector not directly involved in investigation – ‘review officer’.
First review: no later than 6 hrs after CO first authorised detention.
Second review: no later than 9 hrs after the first review.
Subsequent reviews must take place at intervals of not more than 9 hrs.
Rights of a volunteer attending the police station:
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, S 29: volunteer (ie person vs which there is no evidence) has (i) no obligation to attend police station and (ii)
can leave at any time unless formally arrested (ie where police acquires sufficient grounds for arrest).
Code C, para 3.21: volunteer can request that a friend or a solicitor be present at the interview.
Advising a client whether to answer police questions:
S’s only role in the police station is to protect and advance the legal rights of their client.
Information gathering on arrival at the police station:
3 key sources available to a solicitor who attends the police station to represent a suspect. Namely:
(1) The custody officer (and the custody record); (2) the investigating officer; (3) the client.
Custody CO supplies S with basic info on circumstances on client detention: allows S to inspect the custody record
officer (‘CO’) and detention log. S confirms following details from CO or custody record:
Alleged offence(s) for which the client has been arrested
Time at which CO authorised the client’s detention and the reason for authorisation
Any samples, fingerprints or impressions of footwear which may already have been taken from client
Any identification procedure which may already have taken place
Any interview which may already have taken place at the police station
Any form of physical or mental disability of the client
Any illness which the client may be suffering from and any requirement of medical treatment
Any significant items found as a result of a search either of the client’s person, or of any premises owned
If client in detention for 6+ hrs: details of any detention reviews and reasons for continuation of detention
S or appropriate adult entitled to request copy of custody record when detainee leaves detention/taken to court
Investigating S obtains from IO following info: (i) disclosure (facts & evidence supporting offence); (ii) significant
officer (‘IO’) statements and/or silence and (iii) next steps in investigation.
Disclosure:
Police not obliged to provide S with any evidence of case vs the client (subject to para 11.1A Code C)
Code C, para 11.1A:
S must be given sufficient info to enable them to understand the nature of any such offence, and why
client suspected of committing it (paras 3.4(a) and 10.3)
Whilst info must always be sufficient for person to understand the nature of any offence (see Note 11ZA),
this does not require the disclosure of details at a time which might prejudice the criminal investigation.
Disclosure decision rests with IO, who has sufficient knowledge of the case to make that decision.
IO shall make record of information disclosed.
IO normally makes some disclosure: oral summary or typed disclosure statement summarizing evidence.
If IO refuses to disclose/limited disclosure: S should point out that in those circumstances S cannot properly
advise the client as to the nature of the case against them.
Significant statements:
S must find out if client has made any significant statement (or significant silence).
Ie admission of guilt on arrest —> police will be required to put to the client at the start of the interview and
ask the client whether they confirm or deny saying this (para 11.4 of Code C).
Next steps:
S needs to find out what IO’s intentions are. Ask IO their view on bail.
Client S explains to client:
1. S’s identity and role:
S must explain to client that they provide independent legal advice and have no connection with police
S should explain their only role at police station is to protect and advance the client’s rights.
S should inform client anything they are told will remain confidential even after representation.
2. Details of the alleged offence:
S gives client details of what they were told by IO in relation to offence client is being investigated for.
Advise client on substantive law and police’s evidential burden.
3. The client’s instructions:
S gets client’s version of events and tries to take detailed instructions.
S should make a note recording client’s instructions and advice given on essential issues.
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