Criminal Justice process- PACE Interrogation Criminal Justice process- PACE Interrogation

Detention without charge S41 & 42 PACE A suspect can be held without being charged for 24 hours before any further authorisation needs to be given. After 24 hours it has be reviewed and further detention must be authorised by an officer of at least the rank of superintendent. If further detention is authorised it can continue till 36 hours. S41 (2) The period starts from the time the suspect arrives at the relevant police station, or from the time he was arrested. (whichever is earlier).

Detention without charge S42 PACE After 36 hours from the beginning of the detention, the suspect must be brought before a magistrate for a full hearing. S43 : He is allowed legal representation. S43 & 44 : The magistrates can grant a further detention for up to 60 hours - making a total of 96 hours. This is done with 36 hours extention per hearing.

Detention without charge The magistrates can extend the detention for a further 60 hours without charge only if : S43(4) PACE 1) The offence is being investigated diligently & expeditiously 2) The further detention is required to secure or preserve evidence. & S116 PACE 1) If the offence being investigated is a serious arrestable offence.

After being charged S38 PACE The arrested person, after being charged, must be released with or without bail, unless : 1) it is necessary to hold him so that his name and address can be obtained. 2) necessary to hold him for his own protection, or prevent causing physical injury or damage to anyone or property 3) custody officer feels that he would not answer to bail or to prevent him from interfering with witnesses or otherwise obstructing the course of justice. 4) if he is a juvenile and ought to be held in his own interests.

After being charged S46(2) PACE After being charged, if he is not released, he will have to be brought before a magistrate’s court, as soon as practicable, and not later than the first sitting after being charged.

Interrogation-intro Upon arrest the police are required to allow the person arrested, to inform someone, a friend or relative that he has been arrested. S56 PACE and Codes of Practice C

Interrogation-intro When can the police delay this right to have someone informed? S56(2) PACE : If the person is arrested for a serious arrestable offence and an officer of at least the rank of superintendent authorises the delay on the following grounds : 1) if allowing immediate contact, may lead to interference with or harm to evidence or witnesses or ; 2) the alerting of others involved in such an offence or ; 3) will hinder recovery of property obtained as a result of the offence. But annex B (code C) provides that such a delay cannot be longer than 36 hours.

To call someone S41(2) No one however is prevented from notifying someone outside the police station, for longer then 36 hours, after the relevant time. Unless the reasons for a lawful delay discussed earlier exists, the suspect is allowed to 1) call someone to inform of his arrest. 2) He is allowed to speak to someone for a reasonable amount of time. (This in addition to his right to consult his solicitor).

Right to legal advice S58 (1) PACE : provides the right for the person arrested to consult a solicitor privately at any time and this must be allowed as soon as practicable. S 58 (8) Delay is permitted only if it is a serious arrestable offence and the officer authorises it, with the following grounds for delay : 1) will lead to interference with or harm to evidence of physical injury to other person. 2) Alerting other persons who have not been arrested. 3) Hinder the recovery of any property.

Right to legal advice Code C The custody officer is required to inform the suspect that he is allowed to have legal advice when he is brought in an arrested. This is done also through posters and written and verbal notice.

Right to legal advice R v Absolam (1988) CA The CA held that the failure to tell the suspect of his right to see a solicitor led to the conviction being quashed. The police had put questions to him, that amounted to an interview, which should have been done only after the suspect is informed of his right.

Right to legal advice R v Samuel (1988) Facts : The suspect asked for a solicitor but was refused on the grounds that a serious arrestable offence was committed and the danger of accomplices being alerted. The suspect confessed to the charges, meanwhile. After the suspect confessed to the charges the solicitor was allowed to see him. Held : The CA quashed the conviction. 1) The police were not entitled to deny the suspect access to a solicitor after he has been charged even if other charges were being investigated. 2) The right to access to a solicitor is a fundamental right of a citizen.

Right to legal advice R v Alladice (1988) CA in this case allowed the evidence of an admission made during an interview where the suspect’s access to a solicitor was delayed. The court found that there was a breach of S58, but this did not mean that the evidence obtained would automatically be excluded.

Right to legal advice R v Alladice (1988) Considerations that the court would have to take into account when deciding to admit evidence, obtained during interview, without solicitors rights mentioned.: 1) The fact that the presence of the solicitor would not have made any difference to the suspects knowledge of his right. 2) The suspect understood the caution and was aware of his rights and was able to cope with the interview. 3) No casual link between the absence of a solicitor and admission. 4) No oppression or bad faith on the part of the police.