Created by The SQE Hub 2023
CRIMINAL LITIGATION
SQE 1 Assessment specification: Rights of a suspect being detained by the police for
questioning
Suspect (S) must usually be taken to PS ‘as soon as is practicable after the arrest’ (s.30 (IA)
PACE 1984 unless the arresting officer grants ‘street bail’.
Para 1.1 Code C - all people in custody dealt with ‘expeditioning’ and be released as soon
as need for detention no longer applies.
Initial steps:
- Custody officer = usually at least sergeant rank. Should not be involved in
investigation of offence.
- CO decides if ‘sufficient evidence’ to charge S with offence (s.37(1)) - will ask the
investigating officer for details of evidence.
- If yes, S will be released on bail or kept in detention until CPS has reviewed the
evidence to decide a charge.
- If there is no sufficient evidence to charge S, S should be released, or released on
with bail, detained if CO thinks detention is necessary to secure/preserve evidence or
necessary to obtain evidence.
- If CO decides to detain, must:
1. Authorise the detention of S
2. Open a custody record which will contain a written record of the time of arrest,
arrival at police station, time of detention, grounds for detention, the S’ charge
and S’s personal details
3. Inform S of the reason for their arrest
4. Inform S the reason for their detention
5. Advise S of their rights
6. Arrange for S to be searched.
S has several rights as soon as they’re detained:
1. s.56 - right to have someone informed of S’s arrest.
2. S.58 - right for S to consult privately with a sol
3. right to have someone review S’s detention time.
1
, Created by The SQE Hub 2023
Right to Legal Advice:
Grounds for delay to legal advice:
- Any delay must be authorised by rank of superintendent (higher than an inspector)
and can only be authorised if S is arrested for an indictable offence.
- Must be reas grounds – superintendent must reasonably believe that exercise of right
will lead to interference with evidence/harm to other people/alerting other people of
offence/hindering the recovery of property.
- Limits to delay: delay cannot be beyond 36 hours after the client arrived at the police
station.
- Delay can be done orally but must be confirmed in writing asap.
Right to have someone informed of arrest:
- S entitled to have one friend/relative/other person informed of arrest as soon as is
practicable
Grounds for delay are:
- Indictable offence – S mist be in detention for an offence that can be tried at CC
- Authority of delay can only be given by a rank of inspector; and
- Must be reas grounds – inspector must reasonably believe that exercise of right will
lead to interference with evidence/harm to other people/alerting other people of
offence/hindering the recover of property.
Limits to delay: delay cannot be beyond 36 hours after the client arrived at the police
station.
Reviews and Detention time limits under PACE, Code C
Clients’ detention must be reviewed by CO AND the “review officer” (rank of inspector or
above not involved in case) to ensure grounds for detention still exist. Review must take
place no more than 6 hours after the CO first authorised the detention, then
periodically every 9 hours after that first review.
2
CRIMINAL LITIGATION
SQE 1 Assessment specification: Rights of a suspect being detained by the police for
questioning
Suspect (S) must usually be taken to PS ‘as soon as is practicable after the arrest’ (s.30 (IA)
PACE 1984 unless the arresting officer grants ‘street bail’.
Para 1.1 Code C - all people in custody dealt with ‘expeditioning’ and be released as soon
as need for detention no longer applies.
Initial steps:
- Custody officer = usually at least sergeant rank. Should not be involved in
investigation of offence.
- CO decides if ‘sufficient evidence’ to charge S with offence (s.37(1)) - will ask the
investigating officer for details of evidence.
- If yes, S will be released on bail or kept in detention until CPS has reviewed the
evidence to decide a charge.
- If there is no sufficient evidence to charge S, S should be released, or released on
with bail, detained if CO thinks detention is necessary to secure/preserve evidence or
necessary to obtain evidence.
- If CO decides to detain, must:
1. Authorise the detention of S
2. Open a custody record which will contain a written record of the time of arrest,
arrival at police station, time of detention, grounds for detention, the S’ charge
and S’s personal details
3. Inform S of the reason for their arrest
4. Inform S the reason for their detention
5. Advise S of their rights
6. Arrange for S to be searched.
S has several rights as soon as they’re detained:
1. s.56 - right to have someone informed of S’s arrest.
2. S.58 - right for S to consult privately with a sol
3. right to have someone review S’s detention time.
1
, Created by The SQE Hub 2023
Right to Legal Advice:
Grounds for delay to legal advice:
- Any delay must be authorised by rank of superintendent (higher than an inspector)
and can only be authorised if S is arrested for an indictable offence.
- Must be reas grounds – superintendent must reasonably believe that exercise of right
will lead to interference with evidence/harm to other people/alerting other people of
offence/hindering the recovery of property.
- Limits to delay: delay cannot be beyond 36 hours after the client arrived at the police
station.
- Delay can be done orally but must be confirmed in writing asap.
Right to have someone informed of arrest:
- S entitled to have one friend/relative/other person informed of arrest as soon as is
practicable
Grounds for delay are:
- Indictable offence – S mist be in detention for an offence that can be tried at CC
- Authority of delay can only be given by a rank of inspector; and
- Must be reas grounds – inspector must reasonably believe that exercise of right will
lead to interference with evidence/harm to other people/alerting other people of
offence/hindering the recover of property.
Limits to delay: delay cannot be beyond 36 hours after the client arrived at the police
station.
Reviews and Detention time limits under PACE, Code C
Clients’ detention must be reviewed by CO AND the “review officer” (rank of inspector or
above not involved in case) to ensure grounds for detention still exist. Review must take
place no more than 6 hours after the CO first authorised the detention, then
periodically every 9 hours after that first review.
2
