Episode 1 - The Crime, the Arrest, the Police Station
(01:01:07)
This episode starts with a crime, or an allegation of a crime, and moves through the process of arrest and detention at the police station. You will discover what the law really says about arrest and what rights are afforded to citizens who are detained and taken into police custody. What rights do they really have? How long can a suspect be kept in custody without charge? What does the right to legal advice really mean and how can it help? How might the police abuse those rights? Why might a suspect stay silent and, if they do, what are the consequences? And meet Aidan, Bianca & Conor and why they are about to face questioning for a serious allegation of wounding with intent, the allegation that will take one or more of them on a journey through the criminal justice system in England & Wales and all the way to trial by jury, sentence and appeal.
Throughout this podcast I have referred to legislation, cases and relevant Codes of Conduct. Please refer to the links in the notes to access this information yourself.
For additional detailed reading on many aspects of what is covered throughout this series of podcasts, please go to Defence-Barrister.co.uk
PODCAST NOTES
Below are links to many of the legal cases, statutes, codes and podcasts/programmes referred in to the Defence Barrister Podcast, Episode 1 - The Crime, the Arrest, the Police Station
Entering premises for an arrest: s.17 Police and Criminal Evidence Act 1984 (PACE)
Main power of arrest without warrant is s.24 PACE
Power of arrest for civilians: s.24A PACE
Requirement to take arrested suspect to a Police Station: s.30 PACE
Search upon arrest: s.32 PACE
Time limits on detention without charge: s.41 PACE
Search at the Police Station: s.54 PACE
PACE Part IV Detention
PACE Part V Questioning and Treatment
PACE Codes of Practice (Codes C, D and G)
Nottle [2004] EWCA Crim 599 (Disclosure at the police station)
Edward Grant [2005] EWCA Crim 1089 (Police eavesdropping on solicitor/client consultations)
The Cardiff Five:
R v. Paris, Abdullahi and Miller (1993) 97 Cr App R 99 (Cardiff 5 appeal). (No full transcript publicly available)
Adverse inferences from silence: sections 34 to 37 Criminal Justice and Public Order Act 2004
Encrochat:
Gangster: Catching the Kingpins - BBC Sounds
CONTACT:
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional.
Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.
The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.
Thank you for your understanding.
Music and content created and recorded by Chris Kessling © 2024. All rights reserved.
External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open government licence.