Learning Outcomes
After studying this article, you will be able to explain and apply the rights of a suspect detained by police under PACE 1984 Code C. You will understand the procedures for legal advice, detention time limits, and reviews, as well as the protections for vulnerable suspects. You will be able to advise clients on their options during police interviews and identify the role of the appropriate adult. This knowledge is essential for SQE1 criminal practice.
SQE1 Syllabus
For SQE1, you are required to understand the practical application of suspect rights at the police station under PACE 1984 Code C. Focus your revision on:
- the right to legal advice and when it may be delayed
- the right to have someone informed of arrest and the grounds for delay
- detention time limits and review requirements
- the role and responsibilities of the custody officer
- protections for vulnerable suspects, including the use of an appropriate adult
- advising clients on whether to answer police questions and the implications of silence
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the maximum period a suspect can be detained at a police station without charge for an indictable offence, and who can authorise extensions?
- When can the right to legal advice be delayed, and who must authorise such a delay?
- Who qualifies as an appropriate adult for a juvenile suspect, and what is their role during police interviews?
- What are the main options a solicitor should discuss with a client regarding answering police questions in interview?
Introduction
When a client is arrested and taken to a police station, strict procedures and rights apply under the Police and Criminal Evidence Act 1984 (PACE) and its Code C. These rules ensure suspects are treated lawfully and fairly, and that any evidence obtained is admissible in court. Understanding these rights and procedures is critical for advising clients and protecting their interests during police detention and questioning.
Rights of a Suspect in Police Detention
The Role of the Custody Officer
Upon arrival at the police station, a suspect must be brought before a custody officer as soon as practicable. The custody officer is responsible for authorising detention, opening and maintaining a custody record, and ensuring the suspect is informed of their rights.
Key Term: custody officer A police officer (usually at least sergeant rank) responsible for authorising and supervising a suspect's detention and welfare at the police station.
The Custody Record
A custody record is created for every detained person. It must include personal details, the reason for arrest, the time of arrival, authorisation of detention, rights given, and any significant events or property taken from the suspect.
Key Term: custody record An official record documenting all key events, rights, and decisions during a suspect's detention at the police station.
The Right to Legal Advice
Every suspect has the right to consult a solicitor privately at any time while in police detention. This right is fundamental and must be explained to the suspect by the custody officer. Legal advice is free, regardless of means.
Key Term: right to legal advice The statutory right of a detained person to consult a solicitor privately at any time during police detention.
Delaying Access to Legal Advice
Access to legal advice can only be delayed in rare, strictly defined circumstances. Delay must be authorised by a superintendent or above, and only if there are reasonable grounds to believe that granting access would:
- lead to interference with evidence or harm to others
- alert other suspects not yet arrested
- hinder recovery of property
The maximum delay is 36 hours from the relevant time. The reason for delay must be recorded and explained to the suspect.
The Right to Have Someone Informed of Arrest
A suspect may request that a friend, relative, or other interested person be informed of their arrest and place of detention. This right can also be delayed (up to 36 hours) by an inspector or above, but only on similar grounds as delaying legal advice.
Key Term: right to have someone informed of arrest The right of a detained person to have a nominated person notified of their arrest and detention as soon as practicable.
Detention Time Limits and Reviews
A suspect can be detained for a maximum of 24 hours from the "relevant time" (usually arrival at the police station) without charge. For indictable offences, a superintendent can authorise an extension to 36 hours. Further detention up to a total of 96 hours requires a magistrates' court warrant.
Detention must be reviewed by an inspector (not involved in the investigation):
- first review: within 6 hours of detention being authorised
- subsequent reviews: at intervals of no more than 9 hours
If reviews are not conducted on time, continued detention becomes unlawful.
Key Term: detention review A periodic assessment by an independent officer to determine whether continued detention of a suspect remains justified.
Protections for Vulnerable Suspects
Special safeguards apply for juveniles (under 18) and vulnerable adults (those with mental health conditions, learning disabilities, or communication difficulties). An appropriate adult must be present during interviews and when rights are explained.
Key Term: appropriate adult A responsible person (parent, guardian, social worker, or other suitable adult) who supports and safeguards juveniles or vulnerable suspects during police procedures.
The appropriate adult's role includes:
- ensuring the suspect understands their rights
- supporting communication
- observing the fairness of interviews
- advising the suspect as needed
If the appropriate adult is not present when required, evidence obtained may be excluded at trial.
Advising Clients on Police Interviews
A solicitor should advise the client on their options before interview:
- answer all questions
- remain silent ("no comment" interview)
- provide a prepared written statement and otherwise remain silent
The choice depends on the strength of the evidence, the client's vulnerability, and the adequacy of police disclosure. Remaining silent may lead to adverse inferences at trial if the client later relies on facts not mentioned in interview, but it may be appropriate where disclosure is inadequate or the client is unfit for interview.
Key Term: adverse inference A negative conclusion a court or jury may draw from a suspect's silence in interview or at trial, in certain circumstances.
Worked Example 1.1
A suspect is arrested for burglary and requests legal advice. The police believe that contacting a solicitor will alert other suspects who have not yet been arrested. Can the police delay access to legal advice?
Answer: Yes, but only if a superintendent or above authorises the delay and there are reasonable grounds to believe that contacting a solicitor would alert other suspects. The delay can last up to 36 hours from the relevant time, and the reason must be recorded and explained to the suspect.
Worked Example 1.2
A 16-year-old is arrested and interviewed at the police station without an appropriate adult present. The suspect confesses to the offence. Is the confession admissible at trial?
Answer: The confession may be excluded by the court, as Code C requires an appropriate adult to be present for juveniles during interviews. Failure to comply with this safeguard can render the evidence unreliable and inadmissible.
Worked Example 1.3
A solicitor attends the police station and finds that the client is extremely tired and confused after many hours in custody. The police want to proceed with an interview. What should the solicitor advise?
Answer: The solicitor should advise that the client is unfit for interview due to fatigue and confusion. The police should postpone the interview until the client is fit, as interviewing an unfit suspect may lead to unreliable evidence.
Exam Warning
If a suspect is denied access to legal advice or an appropriate adult without proper authorisation or justification, any confession or evidence obtained may be excluded at trial. Always check that delays or omissions are properly documented and justified.
Revision Tip
When advising clients at the police station, always check the custody record for compliance with rights and reviews. If in doubt, request that any concerns are recorded in the custody record.
Key Point Checklist
This article has covered the following key knowledge points:
- The custody officer must authorise and record all detentions and ensure suspects are informed of their rights.
- Suspects have the right to legal advice at any time; delay is only permitted in rare, strictly defined circumstances.
- The right to have someone informed of arrest can also be delayed, but only with proper authorisation and justification.
- Detention without charge is limited to 24 hours, extendable to 36 hours for indictable offences, and up to 96 hours with a magistrate's warrant.
- Detention reviews must be conducted on time by an independent officer.
- Vulnerable suspects and juveniles require an appropriate adult during interviews and when rights are explained.
- Solicitors must advise clients on interview options, considering the strength of evidence, disclosure, and the risk of adverse inferences.
- Failure to comply with PACE Code C safeguards can result in evidence being excluded at trial.
Key Terms and Concepts
- custody officer
- custody record
- right to legal advice
- right to have someone informed of arrest
- detention review
- appropriate adult
- adverse inference
