Advising at the police station & PACE
The Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice govern the treatment of suspects in custody and the conduct of interviews. A solicitor advising at the police station must know detention time limits and the suspect's rights.
What "Advising at the police station & PACE" covers
- A person arrested must be taken to a police station; the custody officer authorises detention and opens a custody record (PACE ss.36-37).
- The right to free and independent legal advice is guaranteed (PACE s.58); it may be delayed only for an indictable offence, on an officer of superintendent rank's authority, on specified grounds.
- The right to have someone informed of the arrest (PACE s.56) may similarly be delayed on the same limited grounds.
- Detention without charge is generally limited to 24 hours, extendable to 36 hours by a superintendent, and up to 96 hours by a magistrates' court warrant; review of detention is required (PACE ss.40-44).
- Interviews must be conducted and recorded under Code C and Code E; the suspect must be cautioned and vulnerable suspects require an appropriate adult.
- The solicitor's role is to protect and advance the client's legal rights, not to obstruct; they may intervene to seek clarification or advise on answering.
- Significant statements and silences may be put to the suspect at interview; unfairly or oppressively obtained confessions may be excluded (PACE ss.76 and 78).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For advising at the police station & pace, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing the 24-hour clock (relevant time from arrival at the station) with the point of arrest — the detention clock generally runs from arrival at the first station.
- Assuming legal advice can never be delayed — it can, but only for indictable offences on limited statutory grounds and never denied outright.
- Overlooking that an appropriate adult is required for juveniles and vulnerable suspects, separate from the right to legal advice.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on advising at the police station & pace.
FAQ
Is advising at the police station & pace tested on SQE1?
Yes — advising at the police station & pace is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is advising at the police station & pace examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (PACE 1984 s.58, PACE 1984 s.56) helps.