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handy_clauses [2019/12/12 11:33]
frescom
handy_clauses [2022/12/03 11:55] (current)
frescom
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-====== HANDY PACE STUFF ======+====== HANDY PACE CLAUSES ​====== 
 + 
 +== REQUEST CUSTODY RECORD ​==
  
-REQUEST CUSTODY RECORD 
 2.4A When a detainee leaves police detention or is taken before a court they, their legal 2.4A When a detainee leaves police detention or is taken before a court they, their legal
 representative or appropriate adult shall be given, on request, a copy of the custody record representative or appropriate adult shall be given, on request, a copy of the custody record
 as soon as practicable. This entitlement lasts for 12 months after release. ​ as soon as practicable. This entitlement lasts for 12 months after release. ​
  
 +----------------
  
 BAIL VARIATION BAIL VARIATION
 +
 Variation of police imposed bail conditions Variation of police imposed bail conditions
 Conditions imposed by a custody officer may be varied by: Conditions imposed by a custody officer may be varied by:
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 If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect'​s antecedents to enable an application to be dealt with effectively. If the CPS has not already received a file, the prosecutor should request a file from the Police. The Police will supply either the appropriate file, or if this is not yet available, sufficient information relating to the circumstances of the case and the suspect'​s antecedents to enable an application to be dealt with effectively.
 +
 +-------------------
 +
 +STOP INTERVIEW
 +
 +PACE Code C 6.6b(v)
 +
 +(v) When the interview starts and the interviewer reminds the suspect of their right to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F paragraph 4.5), the interviewer shall then ensure that the following is recorded in the written interview record or the interview record made in accordance with Code E or F: confirmation that the detainee has changed their mind about wanting legal advice or (as the case may be) about wanting a solicitor present and the reasons for it if given; the fact that authority for the interview to proceed has been given and, subject to paragraph 2.6A, the name of the authorising officer; that if the solicitor arrives at the station before the interview is completed, the detainee will be so informed without delay and a break will be taken to allow them to speak to the solicitor if they wish, unless paragraph 6.6(a) applies, and that at any time during the interview, the detainee may again ask for legal advice and that if they do, a break will be taken to allow them to speak to the solicitor, unless paragraph 6.6(a), (b), or applies. Note: In these circumstances,​ the restriction on drawing adverse inferences from silence in Annex C will not apply because the detainee is allowed an opportunity to consult a solicitor if they wish. 
 +
 +-------------------
 +
 +RIGHT TO LEGAL ADVICE
 +
 +
 +6.1    – detainees must be informed that they may consult with a solicitor.
 +
 +6.4    – The police must not do or say anything with the intention of dissuading a suspect ​
 +from obtaining legal advice. ​
 +
 +6.5 – Outlines the circumstances in which a client’s right to legal advice may be delayed.
 +
 +6.6 – If a detainee requests legal advice, they may not be interviewed until they have 
 +received such advice unless particular exceptions apply.
 +
 +6.16 – 6.17 – records must be made of the client’s request for legal advice.
 +
 +Guidance Notes
 +
 +6ZA: Police officers may not indicate that the time the suspect is liable to be detained for 
 +might be reduced if they do NOT ask for legal advice, unless the police are asked this 
 +question directly. ​
 +
 +6E: An officer who takes the decision to exclude a solicitor must be in a position to satisfy ​
 +the court the decision was properly made.
 +
 +6J: Solicitors must be allowed to consult with their clients in private.
 +
 +6K: A suspect is not obliged to give reasons for declining legal advice and should not be 
 +pressed to do so
 +
 +
 +-------------------
 +
 +
 +
handy_clauses.1576150414.txt.gz · Last modified: 2019/12/12 11:33 by frescom