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Criminal practice
Advising client at the police station
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Created by
Elliot
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Cards (29)
What is the lowest rank of police officer?
Constable
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What is the highest rank of police officer?
Chief constable
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What are the ranks of police officers from low to high?
Constable
Sergeant
Inspector
Chief inspector
Superintendent
Chief superintendent
Assistant chief constable
Deputy chief constable
Chief constable
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Under what conditions can access to legal advice be delayed?
Access can be delayed for up to
36 hours
if the suspect is arrested for an
indictable
only or
either way charge
and authorized by a
superintendent
or above.
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What must be documented if suspects refuse access to legal advice?
It must be signed in writing by an officer of
inspector
rank or above.
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What is the right of a suspect regarding informing someone of their arrest?
The right to inform someone can be delayed for up to
36
hours under similar conditions as legal advice.
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How long can a suspect be kept in custody without an arrest?
Up to
24 hours
.
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What is the maximum time a suspect can be kept in custody for an indictable only or either way offence?
36 hours
total, with an extension authorized by a
superintendent
or above.
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Who can authorize an extension of custody beyond 36 hours?
Magistrates court
can authorize an extension of a further 36 hours.
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What is the total maximum time a suspect can be held in custody?
96 hours
total, with specific applications for extensions.
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What does S. 40 of PACE state about custody reviews?
Suspects' custody must be reviewed no later than
6 hours
after detention was authorized.
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What is the interval for subsequent custody reviews after the first review?
The second review must occur no later than
9 hours
from the first review, followed by 9-hour intervals afterwards.
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What rights do suspects have during identification procedures?
Suspects have the right to have the procedure
explained
and to have legal advice or a friend
present
.
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What is required for police to carry out an identification procedure?
Consent
is required from the suspect, and parental consent is needed for those under
14
years old.
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What is the definition of video identification?
Witness is shown moving images of the suspect and at least
8
other people.
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How many times must a witness be shown the images in video identification?
At least
twice
, and they are told the suspect
may not appear
.
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Who must be shown the images before the witness in video identification?
The suspect and their
legal representative
must be shown the images before the witness.
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What is the definition of an identification parade?
Suspect
and at least 8 other people appear in a line.
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What is the definition of group identification?
Witness sees suspect in an informal group with or without the suspect's
consent
.
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What is the definition of confrontation in identification procedures?
One-on-one
identification.
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What must suspects have during a confrontation identification?
Suspects can have a
solicitor
or friend present if it would not cause undue delay.
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What are possible objections during identification procedures?
Failure
to account for
reasonable objections
, failure to keep
witnesses
apart, and failure to warn witnesses about the suspect's absence.
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What can happen if there is a breach of identification procedure rules?
The court may exclude the evidence if its admission will have an
adverse effect on fairness
.
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What are the responsibilities of custody officers regarding vulnerable suspects?
Identify vulnerable suspects
Ensure access to an
appropriate adult
is present
If not, all evidence may be
excluded
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What should interviewing officers avoid during interviews?
Interviewing officers should avoid using
oppression
or
inducement
.
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What is the definition of oppression in the context of police interviews?
Oppression is
torture
, inhumane or
degrading
treatment, and the use/threat of
violence
.
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What is the definition of inducement in police interviews?
Inducement is the
promise of bail
,
early release
, or
offering a cigarette
.
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Who can remove a solicitor from an interview?
A
superintendent
can remove a solicitor.
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Who decides the outcome for a suspect after an interview?
The
custody officer
decides whether the suspect gets
bail
, is
remanded
, or is produced to court.
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