Laws at the police station
Cannot be detained longer than 24 hours
o This starts from either when they arrived at the police station,
or if arrested at police station, from then.
o UNLESS a superintendent or over authorises detainment for
up to 36 hours and it is an indictable offence
o Can be detained for a max 72 hours with a warrant from the
magistrates court
Any extension on top of this can last no longer than 4
days
An inspector can authorise a defendant not being able to contact a
relative for up to 36 hours if they are being questioned for an
indictable offence
A superintendent can stop a defendant having access to legal
advice only with good reason, and no inferences can be drawn from
this interview- up to 36 hours.
At interview, they must be under caution, must be told of their right
to legal advice at any point, and must have their previous
statements repeated to them during interview.
If a suspect rejects legal advice, an inspector or above must
authorise this in writing, reminding them of being able to change
their mind at any time during interview.
A suspect must have breaks from interview every 2 hours or so,
usually in line with mealtimes, and must get an 8 hour break
overnight if being interviewed over 24 hours.
Detention must be reviewed by review officer every 6 hours from
when the detention was first authorised, and from every 9 hours
after that.
Inferences can be drawn from interview:
o S.34- inference from silence if they later intend to rely on an
alibi defence
The fact that a suspect was relying on their solicitors
advice to stay silent, does not mean that inferences will
not be drawn.
o S.36 – inference from failing to account for marks, substances
etc
Must be under special caution that tells them these
inferences can be drawn
o S.37- inference from failing to account for their presence
somewhere.
o BUT- S.38 says that a defendant cannot be convicted just on
the basis of an inference alone.
, NOTE- There is a duty to disclose material evidence before
interview- if it hasn’t been, you cannot draw adverse inferences
from silence as it is not reasonable to expect them to comment on
facts relating to that evidence.
Identification procedure mandatory where a suspect denies being at
the scene, or denies that it was them.
o Discretionary if it would be useful
Video identification:
o Suspect and their solicitor must be able to review images
beforehand
o At least 8 additional images (9 including suspect), or 12 if co-
defendants
o If a child is 14 and over, both them and their parent need to
consent to the identification.
Identification parade
Group identification
o Go to outdoor place and try identify them,
A solicitor can act for co-defendants as long as no risk of conflict of
interest- this is sometimes difficult
An appropriate adult cannot prevent an interviewer putting proper
questions to a suspect
o Though they are entitled to intervene, and are not just an
observer
The procedure for removing an appropriate adult:
o Stop the interview and remind them of their role as
appropriate adult, giving them an opportunity to respond
o Removal can only be authorised by a superintendent or above.
You cannot have a parent as an appropriate adult if the are
estranged from their child and the child expressly says they do not
want them.
o Mere preference will not be enough, but being estranged will.
NOTE- For these purposes, an either way offences classes as
indictable, when determining whether they can be detained longer,
have their right to legal advice delayed etc…
Bail
There is a presumption in favour of bail
o UNLESS they are on appeal
o UNLESS they are being sent to the crown court for sentencing
o UNLESS they have already committed an offence on bail
There are exceptions to the presumption of bail:
Cannot be detained longer than 24 hours
o This starts from either when they arrived at the police station,
or if arrested at police station, from then.
o UNLESS a superintendent or over authorises detainment for
up to 36 hours and it is an indictable offence
o Can be detained for a max 72 hours with a warrant from the
magistrates court
Any extension on top of this can last no longer than 4
days
An inspector can authorise a defendant not being able to contact a
relative for up to 36 hours if they are being questioned for an
indictable offence
A superintendent can stop a defendant having access to legal
advice only with good reason, and no inferences can be drawn from
this interview- up to 36 hours.
At interview, they must be under caution, must be told of their right
to legal advice at any point, and must have their previous
statements repeated to them during interview.
If a suspect rejects legal advice, an inspector or above must
authorise this in writing, reminding them of being able to change
their mind at any time during interview.
A suspect must have breaks from interview every 2 hours or so,
usually in line with mealtimes, and must get an 8 hour break
overnight if being interviewed over 24 hours.
Detention must be reviewed by review officer every 6 hours from
when the detention was first authorised, and from every 9 hours
after that.
Inferences can be drawn from interview:
o S.34- inference from silence if they later intend to rely on an
alibi defence
The fact that a suspect was relying on their solicitors
advice to stay silent, does not mean that inferences will
not be drawn.
o S.36 – inference from failing to account for marks, substances
etc
Must be under special caution that tells them these
inferences can be drawn
o S.37- inference from failing to account for their presence
somewhere.
o BUT- S.38 says that a defendant cannot be convicted just on
the basis of an inference alone.
, NOTE- There is a duty to disclose material evidence before
interview- if it hasn’t been, you cannot draw adverse inferences
from silence as it is not reasonable to expect them to comment on
facts relating to that evidence.
Identification procedure mandatory where a suspect denies being at
the scene, or denies that it was them.
o Discretionary if it would be useful
Video identification:
o Suspect and their solicitor must be able to review images
beforehand
o At least 8 additional images (9 including suspect), or 12 if co-
defendants
o If a child is 14 and over, both them and their parent need to
consent to the identification.
Identification parade
Group identification
o Go to outdoor place and try identify them,
A solicitor can act for co-defendants as long as no risk of conflict of
interest- this is sometimes difficult
An appropriate adult cannot prevent an interviewer putting proper
questions to a suspect
o Though they are entitled to intervene, and are not just an
observer
The procedure for removing an appropriate adult:
o Stop the interview and remind them of their role as
appropriate adult, giving them an opportunity to respond
o Removal can only be authorised by a superintendent or above.
You cannot have a parent as an appropriate adult if the are
estranged from their child and the child expressly says they do not
want them.
o Mere preference will not be enough, but being estranged will.
NOTE- For these purposes, an either way offences classes as
indictable, when determining whether they can be detained longer,
have their right to legal advice delayed etc…
Bail
There is a presumption in favour of bail
o UNLESS they are on appeal
o UNLESS they are being sent to the crown court for sentencing
o UNLESS they have already committed an offence on bail
There are exceptions to the presumption of bail:
