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.

Get in touch at:

Email: podcast@defence-barrister.co.uk

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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.

Thank you for your understanding.

Music and content created and recorded by Chris Kessling © 2024. All rights reserved.

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 PACE https://www.legislation.gov.uk/ukpga/1984/60/section/17

Main power of arrest without warrant is s.24 Police and Criminal Evidence Act 1984 (PACE) https://www.legislation.gov.uk/ukpga/1984/60/section/24

Power of arrest for civilians: s.24A PACE https://www.legislation.gov.uk/ukpga/1984/60/section/24A

Requirement to take arrested suspect to a Police Station: s.30 PACE https://www.legislation.gov.uk/ukpga/1984/60/section/30

Search upon arrest: s.32 PACE https://www.legislation.gov.uk/ukpga/1984/60/section/32

Time limits on detention without charge: s.41 PACE https://www.legislation.gov.uk/ukpga/1984/60/section/41

Search at the Police Station: s.54 PACE https://www.legislation.gov.uk/ukpga/1984/60/section/54

PACE Part IV Detention https://www.legislation.gov.uk/ukpga/1984/60/part/IV

PACE Part V Questioning and Treatment https://www.legislation.gov.uk/ukpga/1984/60/part/V

PACE Codes of Practice (Codes C, D and G) https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice

Nottle [2004] EWCA Crim 599 (Disclosure at the police station)
https://www.bailii.org/ew/cases/EWCA/Crim/2004/599.html

Edward Grant [2005] EWCA Crim 1089 (Police eavesdropping on solicitor/client consultations) https://www.bailii.org/ew/cases/EWCA/Crim/2005/1089.html

The Cardiff Five:

R v. Paris, Abdullahi and Miller (1993) 97 Cr App R 99 (Cardiff 5 appeal). (No full transcript publicly available)

Shreds: Murder in the dock - BBC Sounds https://www.bbc.co.uk/sounds/brand/p071cll5

A killing in Tiger Bay - BBC iPlayer  https://www.bbc.co.uk/iplayer/episodes/m000zhgf/a-killing-in-tiger-bay

Adverse inferences from silence: sections 34 to 37 Criminal Justice and Public Order Act 2004https://www.legislation.gov.uk/ukpga/1994/33/part/III/crossheading/inferences-from-accuseds-silence

Encrochat:

Gangster: Catching the Kingpins https://www.bbc.co.uk/programmes/p09dj358/episodes/guide

For additional detailed reading on many aspects of what is covered throughout this series of podcasts, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk/