Summary SQE Criminal Practice Notes

CRIMINAL PRACTICE NOTES
Unit 1: Detaining a suspect at the police station and police
interviews

General Overview
 Key Focus:
o Police powers during arrest and detention.
o Suspect rights and solicitor advice.
o Ensuring admissibility of evidence under lawful detention.
 Key Legislation: Police and Criminal Evidence (PACE) Act 1984.
o Code C: Detention, Treatment, Questioning.
o Code D: Identification of Persons.
o Code E: Audio Recording Interviews.
o Code F: Visual Recording Interviews.

Procedure at the Police Station
 Arrival:
o Suspect must be taken to the station as soon as practicable unless
granted street bail (s 30(1A)).
o Expedient processing and release once detention is no longer needed
(Code C 1.1).
 Custody Officer:
o Authorises detention, ensures welfare.
o Must hold at least sergeant rank, uninvolved in the investigation.
o Bring them to custody officer as soon as practicable
o Maintains an electronic custody record and detention log and informs the
suspect of rights (Code C 2.1A).

Custody Records and Initial Steps
 Key Details Recorded:
o Suspect’s personal and case details, arrest and authorization times, rights
explained, solicitor contact, and items found on the suspect.
 Detention Log: Tracks significant events during custody.
 Search of Suspect:
o Record belongings and authorize necessary searches (Code C 4.1).
o Seize items to prevent harm, damage, evidence tampering, or escape.
 Decision to detain a suspect:
o Ask the investigating officer for details of evidence or what they propose if
further detention authorised
o Custody officer should note any comments made by S in relation to
account given by arresting officer but not ask any questions to arrested
person about suspected involvement (Code C, para 3.4)

Detention Authorization
 Grounds for Detention:
o Preserve evidence, still looking for evidence, obtain some form of
identification evidence or facilitate questioning (s 37(1)).
o If unjustified, immediate release required (s 39).
 Conditions of Detention:
o Adequate heating, meals (two light meals and one mail meal in 24hr
period), bedding, exercise if practicable, drink if reasonable, visited in cell
at least every hour and medical care, (Code C 8.2-9.5A).

Rights of Detained Suspects

,CRIMINAL PRACTICE NOTES
 General Rights:
o Inform someone of arrest (s 56) (may be delayed by inspector (at least),
indictable/either-way offence, max 36 hours) and reasonable grounds
o Private consultation with a solicitor (s 58).
o Access to Codes of Practice and details of charges.
 Legal Advice:
o Free, independent legal advice (in person, in writing or by telephone)
(Code C 6.1).
o Telephone is free unless they want to speak to their own solicitor- may
have to pay
o Must be informed of solicitor’s arrival even if previously declined advice.
Decision and arrival must be noted in custody record
o Solicitor contacted via DSCC unless privately arranged.
o Police officer shouldn’t say anything to dissuade person from legal advice
or suggest interview may be reduced if they don’t receive it/have a
solicitor present
o Right cannot be delayed unless authorized for indictable offences (s 58(6))
 Delay can only be authorized by a superintendent for an indictable
offence (s 58(6)) for a maximum of 36 hours (s 58(5))- confirm in
writing asap
 Need to have reasonable ground to believe no delay will lead to
interference/harm, alerting others, hindering property recovering

Detention Time Limits
 Initial Period:
o Max 24 hours unless charged (s 41).
o Begins at the relevant time of arrest or arrival at the station
 Volunteer- time of arrest at police station
 Street bail- time of arrival at police station
 Arrested away- arrival at first police station
 Extensions:
o Superintendent can authorize up to 36 hours (12 hours on top of 24) for
indictable offences on reasonable grounds (secure/preserve evidence,
indictable offence, diligent and expeditious investigation)(s 42).
o Magistrates’ court can extend further up to 36 hours (can get another one
in exceptional cases but can’t surpass 96 hours from relevant time on
same reasonable grounds(s 43, s 44).

Detention Reviews
 Periodic Reviews:
o Ensure detention is still justified (s 40).
o First review within six hours, subsequent reviews every nine hours.
o Conducted by an inspector (at least) not involved in the investigation.

Voluntary Attendance
 Volunteer Rights:
o No obligation to stay unless arrested (s 29).
o Can request a solicitor or friend present (Code C 3.21)
o Can arrest volunteer based off admissions in volunteer

Advising a client whether to answer police questions

Entitlement to Legal Advice

,CRIMINAL PRACTICE NOTES
 S 58 PACE, Code C 6: Free legal advice and solicitor representation.
 Code C 6D: Solicitor's role: protect client rights, prevent strengthening
prosecution case.

Information Gathering on Arrival
 Key Sources: Custody officer, custody record, investigating officer, client.
 Custody Officer:
o Inspect custody record/log (C 2.4).
o Confirm: alleged offences, significant comments, samples/fingerprints,
any identification procedures, disability/illness, detention reviews (if there
for more than six hours)
o S/AA can request a copy of custody record when detainee leaves
detention or before court bust usually given a copy when they arrive at
the station
 Investigating Officer:
o Seek disclosure, significant statements, and next steps.

Disclosure
 General Rule: Limited obligation to disclose evidence.
 Code C 11.1A: Sufficient info must be given for solicitor to understand nature
of offence and suspicion. Does not need to be info that prejudices the case,
investigating officer decides
 Officer should record disclosed info in pocket book or other form

Client Preparation
 Discuss: Solicitor's role to protect their rights and no connection with police,
alleged offence details (their version of events, substantive law, what police will
need to prove), client instructions, next steps.
 Interview Prep:
o Options: answer all questions, no comment, selective silence, or written
statement on client’s behalf.
o Safest option depends on case strength, disclosure, and client
vulnerability.

Client's Interview Options
1. Answer All Questions:
o Pros: Puts version on record, important if raising specific defence, avoids
adverse inferences (CJPOA 1994), no previous convictions and admits
guilt- may get caution instead of charge, can tell court C co-operated and
saved time/money
o Cons: Risk of self-incrimination, credibility harm if flustered, confusion,
caught out if matter raised not disclosed to solicitor, attack on other’s
character
2. No Comment:
o Pros: Avoids incrimination, weak case- insufficient evidence
o Cons: Adverse inferences under CJPOA 1994 if charged and pleaded not
guilty
o Likely to be advised to give this when: inadequate disclosure of evidence
(and C denies involvement), physically/mentally unfit, elderly, immature,
complex/old facts, claims not to be guilty without viable case or defence,
good personal reasons (e.g. embarrassment)
3. Selective Silence: Risky—implies hiding something.
4. Prepared Written Statement:

, CRIMINAL PRACTICE NOTES
o Use if defence details are clear, to avoid adverse inferences.
o Set out facts they intend to rely on at trial
o Hand statement to the police just prior to charge or kept on client’s file
and not disclosed (especially if doubt)
o Normal to hand in at the start and answer no comment
o Will not prevent adverse inferences- C was not confident defence could
live up to scrutiny and not thought up all the details of this defence at the
time of the interview

PROCEDURE FOR INTERVIEWING A SUSPECT UNDER PACE 1984

Steps for Investigating Officer
 Evidence Collection:
o Audibly recorded interview
o Identification procedure
o Collect fingerprints/objects/samples for matching with the crime scene

Recording Requirements (Codes C & E)
 Interviews recorded on 2-3 tapes/disks or 1 digital recording.
 Sealing Procedure:
o One tape sealed in suspect's presence, only unsealed at trial if disputed.
o Second tape: working copy for written summary/transcript.
o Third tape (optional): Given to the suspect for their solicitor if charged.
 Code C 11.1A: Questioning must be carried out with caution

Should Suspect Be Interviewed?
 Code C 11.18(b): Do not interview suspects unable to appreciate questions or
process events due to:
o Alcohol/drugs
o Illness/condition
 Urgent Interviews: Exceptions exist for emergencies.

Legal Advice Before Interview
 General Rule: No interview without legal advice (Code C 6.6).
 If Mid-Interview: Police must stop for legal advice if requested and notification
of S’s arrival without delay

Exceptions to General Rule:
1. Delayed Advice: Police may delay access up to 36 hours (s 58 PACE).
2. Unavailable Solicitor:
o If the solicitor is unavailable and suspect declines duty solicitor.
3. Suspect Waives Right:
o Confirmation S has changed their mind and reasons
o Must confirm waiver in writing.
o Inspector (at least) must authorise and record.
o Interview record must include suspect’s waiver confirmation.

Cautioning Suspects
 Start of Interview (C 10.2):
o "You do not have to say anything. But it may harm your defence if you do
not mention when questioned something you later rely on in court.
Anything you say may be given in evidence."
 Absolute right to remain silent