Criminal litigation 1

when should a suspect be taken to the police station

as soon as is practicable

when should suspect be brought before the custody officer

as soon as practicable on arrival at the police station

what is the custody officer responsible for

authorising the detention of the suspect and supervising suspect’s welfare while in police custody

what must custody officer maintain

a custody record and a detention log

what is in a custody record

key information like personal details, details of offence, why suspect detained, date and time of arrest and detention

what is in a detention log

record of all significant events that occur whilst the suspect is in custody

what must custody officer must inform the suspect of

right to have someone informed of the arrest

right to legal advice

right to consult the codes of practice

right to be informed about the offence and why they have been arrested and detained

what must custody officer do when search the suspect

record of any items of property on them and can seize and retain the property if have reasonable grounds believing it may be evidence or suspect may use it to cause injury, cause damage

what does the custody officer determine

whether there is already sufficient evidence to charge the suspect with the offence for which they’ve been arrested

on what grounds can the custody officer authorise the suspect’s detention without charge

detention necessary to secure or preserve evidence

necessary to obtain such evidence by questioning

what happens if the ground on which suspect is held no longer applies

the suspect must be released immediately

what are the suspect’s rights when they are detained

certain conditions of deletion

not to be kept longer than is permissible under s41-43 PACE

who interviews the suspect

investigating officer

when should a suspect generally not be interviewed

unfit for interview - can’t appreciate significance of questions or understand what is happening

should not generally be interviewed if they have requested legal advice but not yet received it

exceptions to being interviewed without yet receiving legal advice

formal delay is authorised

waiting for the solicitor would cause unreasonable delay or risk

suspects solicitor is unavailable

suspect changes their mind

what will the officer do at the start of the interview

caution the suspect

when time for detention is up, what options police have

release the suspect (either without bail or on bail)

charge the suspect or offer an alternative to charging

when can pre-charge bail be imposed

only necessary and proportionate

considering factors - need to ensure person surrenders to custody, need to prevent offending, need to safeguard victims and witnesses, need to manage risks to the public

what do police do if believe sufficient evidence to charge the suspect

release the case to the CPS who determine whether the suspect should be charged and if so with what offence

what are the conditions for not allowing bail suspect who is charged

name or address can’t be ascertained

risk of failure to answer bail

prevention of further offence

necessary to obtain a sample

prevention of injury or property damage

interference with the administration of justice

necessary for suspect’s own protection

what conditions may be imposed on bail

reside at particular address

not to speak or contact any witnesses

not to enter particular area

curfew

alternatives to charging

informal warning

penalty notice

cautions

conditional caution

what should solicitor say on phone to client

identify themselves

ask client to confirm they want solicitor to come

remind client advice will be free

tell client when they will attend and what they will do

not talk to anyone else

not agree to be interviewed or sign anything

advise to answer yes and no to the call

disclosure statement

summarises the evidence the police have

are the police obliged to provide the solicitor with evidence

no but must give sufficient information to enable them to understand the nature of the offence

significant statement

statement which appears capable of being used I evidence against the suspect

significant silence

failure or refusal to answer a question or to answer satisfactorily when under caution which might allow the court to draw adverse inferences

4 options for interview

answer all the questions

give a no comment interview

selective silence

hand in written statement and no comment interview