Criminal Practice FLK Summary
Contents
Detaining a Suspect 1
Identification Procedures 3
Vulnerable suspects and Juveniles 4
First Hearings before Magistrates 5
Plea and Allocation 6
Bail 7
Case Management and Pre-trial Hearings 9
Procedures to Admit / Exclude Evidence 11
Trial Procedure 14
Sentencing 16
Appeals Procedure 17
Youth Court Procedure 18
Detaining a Suspect
Rules:
● Taken to station as soon as practicable and released as soon as need for detention no
longer applies - Code C PACE
● Custody officer will authorise their detention and must be rank of at least sergeant not
involved in investigation
● Custody record - name, DOB, address, offence, time of authorisation, rights, legal rep
requests, medical conditions etc.
● Custody log - records any significant events or statements during custody
Search
● Custody officer can authorise a search to seize and retain items for reasonable grounds
they are evidence or: (Code C)
○ Prevent harm to them/others
○ Prevent damage to property
○ Prevent evidence interference
○ Prevent escape
● Custody officer must have reasonable grounds to believe detention is necessary to
secure or preserve evidence or necessary to obtain evidence by questioning
○ When this ceases to apply - must release immediately
○ Periodic reviews to check grounds for detention still apply - at 6 hrs, 9 hrs and
within 24hrs charged or released
● Detention conditions (Code C 8-9)
○ Heated, cleaned, ventilated
1
, ○ Sanitary bedding
○ Washing and toilet facilities
○ 2 light meals and 1 main meal in 24 hours, drinks with meals and upon
reasonable request
○ Outdoor exercise if practicable
○ Visited every hour
○ Medical care as soon as needed
Custody rights (PACE 1984)
● Right to have someone informed of arrest
○ Can be delayed by inspector or above if:
■ An indictable offence for a max of 36 hours from relevant time
○ Grounds:
■ Harm to evidence or others
■ Alert suspects not yet arrested
■ Hinder recovery of property
● Right to legal rep
○ Can have access to free advice through criminal defence direct
○ Cannot dissuade from obtaining legal advice
○ Superintendent or above can delay right to legal advice if:
■ Indictable offence and for a max of 36 hours
○ Grounds: (s.58 PACE)
■ Harm to evidence or others
■ Alert suspects not yet arrested
■ Hinder recovery of property
○ Also if:
■ Solicitor has agreed to attend but is causing unreasonable delay to
investigation
■ Solicitor requested cannot be contacted and they refuse to use a duty
solicitor
● Right to consult codes of practice
● Right to be informed of arrest and detention reasons
Detention clock
● Can only be detained for a max of 24 hours before charge
● Superintendant or above can extend to a max of 36 hours total if:
● Preserve evidence, indictable offence and investigated diligently and expeditiously
● Further detention will require a warrant from magistrates court no more than 96 hrs
Relevant time:
● Volunteer = time of arrest at station
● Answering street bail = time of arrival at station
● Arrested away from station = time of arrival at first station
Solicitor arrival:
● Solicitor should inspect the custody record and detention log and is entitled to a copy
when they leave custody and get client version of events
2
, ● Also obliged to receive info from investigating officer that is sufficient enough to
understand why the detainee is suspected of the offence but no duty to disclose
anything further - Code C
Interview
● No comment interview should only be given if put version of events into a written
statement which sets out their defence in their own words and contains everything they
intend to rely on, can be given in interview or kept on file until charge
● Ensures no adverse inferences can be drawn from silence (s.34 CJPOA 1994)
● Cannot be interviewed if:
○ Don't understand significance of the questions and answers
○ Don't understand due to drugs, alcohol or illness
● If the detainee requests legal advice, cannot be interviewed until it is obtained
● If suspect requests legal advice and changes their mind:
○ Inspector speaks to them, records in custody record
○ Suspect confirms in writing they want to be interviewed without
○ Inspector is satisfied and gives authority
○ Caution at start of interview noting the change of mind
Interview Rules
● Caution should be given at start of interview - Code C
● Suspect should be given opportunity to confirm/deny or add to any significant statements
made or may be ruled inadmissible at trial - Code C
● Cannot obtain statements by use of oppression
● Suspect should be given full opportunity to clear anything up
● 2 hour intervals and 8 hours of uninterrupted rest or will be an inadmissible interview
● Solicitor can intervene to object to questioning or to give further advice
● Solicitor can be asked to leave if they prevent proper questions being put to the suspect
● If they confess to solicitor but want to lie at interview, must decline to act but retain duty
of confidentiality
Solicitor ethical considerations
● Can act for joint suspects if there is no risk of conflict
● Can disclose information between clients if:
○ Both have consented
○ They have consistent instructions
○ In their best interests
● Make client aware of all material info unless:
○ Prohibited by national security or prevention of crime
○ Informed consent to not disclose
○ Serious physical or mental injury from disclosure
○ Mistakenly disclosed in a privileged document
Identification Procedures
ID procedure must be used if:
3
Contents
Detaining a Suspect 1
Identification Procedures 3
Vulnerable suspects and Juveniles 4
First Hearings before Magistrates 5
Plea and Allocation 6
Bail 7
Case Management and Pre-trial Hearings 9
Procedures to Admit / Exclude Evidence 11
Trial Procedure 14
Sentencing 16
Appeals Procedure 17
Youth Court Procedure 18
Detaining a Suspect
Rules:
● Taken to station as soon as practicable and released as soon as need for detention no
longer applies - Code C PACE
● Custody officer will authorise their detention and must be rank of at least sergeant not
involved in investigation
● Custody record - name, DOB, address, offence, time of authorisation, rights, legal rep
requests, medical conditions etc.
● Custody log - records any significant events or statements during custody
Search
● Custody officer can authorise a search to seize and retain items for reasonable grounds
they are evidence or: (Code C)
○ Prevent harm to them/others
○ Prevent damage to property
○ Prevent evidence interference
○ Prevent escape
● Custody officer must have reasonable grounds to believe detention is necessary to
secure or preserve evidence or necessary to obtain evidence by questioning
○ When this ceases to apply - must release immediately
○ Periodic reviews to check grounds for detention still apply - at 6 hrs, 9 hrs and
within 24hrs charged or released
● Detention conditions (Code C 8-9)
○ Heated, cleaned, ventilated
1
, ○ Sanitary bedding
○ Washing and toilet facilities
○ 2 light meals and 1 main meal in 24 hours, drinks with meals and upon
reasonable request
○ Outdoor exercise if practicable
○ Visited every hour
○ Medical care as soon as needed
Custody rights (PACE 1984)
● Right to have someone informed of arrest
○ Can be delayed by inspector or above if:
■ An indictable offence for a max of 36 hours from relevant time
○ Grounds:
■ Harm to evidence or others
■ Alert suspects not yet arrested
■ Hinder recovery of property
● Right to legal rep
○ Can have access to free advice through criminal defence direct
○ Cannot dissuade from obtaining legal advice
○ Superintendent or above can delay right to legal advice if:
■ Indictable offence and for a max of 36 hours
○ Grounds: (s.58 PACE)
■ Harm to evidence or others
■ Alert suspects not yet arrested
■ Hinder recovery of property
○ Also if:
■ Solicitor has agreed to attend but is causing unreasonable delay to
investigation
■ Solicitor requested cannot be contacted and they refuse to use a duty
solicitor
● Right to consult codes of practice
● Right to be informed of arrest and detention reasons
Detention clock
● Can only be detained for a max of 24 hours before charge
● Superintendant or above can extend to a max of 36 hours total if:
● Preserve evidence, indictable offence and investigated diligently and expeditiously
● Further detention will require a warrant from magistrates court no more than 96 hrs
Relevant time:
● Volunteer = time of arrest at station
● Answering street bail = time of arrival at station
● Arrested away from station = time of arrival at first station
Solicitor arrival:
● Solicitor should inspect the custody record and detention log and is entitled to a copy
when they leave custody and get client version of events
2
, ● Also obliged to receive info from investigating officer that is sufficient enough to
understand why the detainee is suspected of the offence but no duty to disclose
anything further - Code C
Interview
● No comment interview should only be given if put version of events into a written
statement which sets out their defence in their own words and contains everything they
intend to rely on, can be given in interview or kept on file until charge
● Ensures no adverse inferences can be drawn from silence (s.34 CJPOA 1994)
● Cannot be interviewed if:
○ Don't understand significance of the questions and answers
○ Don't understand due to drugs, alcohol or illness
● If the detainee requests legal advice, cannot be interviewed until it is obtained
● If suspect requests legal advice and changes their mind:
○ Inspector speaks to them, records in custody record
○ Suspect confirms in writing they want to be interviewed without
○ Inspector is satisfied and gives authority
○ Caution at start of interview noting the change of mind
Interview Rules
● Caution should be given at start of interview - Code C
● Suspect should be given opportunity to confirm/deny or add to any significant statements
made or may be ruled inadmissible at trial - Code C
● Cannot obtain statements by use of oppression
● Suspect should be given full opportunity to clear anything up
● 2 hour intervals and 8 hours of uninterrupted rest or will be an inadmissible interview
● Solicitor can intervene to object to questioning or to give further advice
● Solicitor can be asked to leave if they prevent proper questions being put to the suspect
● If they confess to solicitor but want to lie at interview, must decline to act but retain duty
of confidentiality
Solicitor ethical considerations
● Can act for joint suspects if there is no risk of conflict
● Can disclose information between clients if:
○ Both have consented
○ They have consistent instructions
○ In their best interests
● Make client aware of all material info unless:
○ Prohibited by national security or prevention of crime
○ Informed consent to not disclose
○ Serious physical or mental injury from disclosure
○ Mistakenly disclosed in a privileged document
Identification Procedures
ID procedure must be used if:
3
