Can police lie about legal process?

Question

I understand that in the UK the police can lie to you about the facts of the case during questioning, things like...

• we have witnesses
• your partner grassed you up
• we found your DNA at the scene of the crime.
• the victim died this now a murder enquiry.

But can they lie about the legal process itself? examples

• we can hold you for 3 days without charge.
• you only get a lawyer after the first day of questioning.
• the crime carries a mandatory life sentence.
• your (young) child will have to fend for themselves for the next 3 days, whilst we hold you. We don't have to tell social services.
• we'll put you in a cell with 'Barry the Butcher' and tell him you're a pedophile.
• we don't need a warrant.
• We think you're a terrorist, we've got a deal with the Americans and we can have you flown out to Guantanamo Bay without a trial.

Just interested in the UK - This questions seems to be already answered for USA. For clarity, I'm interested in police deliberately lying to obtain evidence, not genuine mistakes on obscure points of the law .

UPDATE for clarity - I'm interested in any differences between lying about the facts of the case, and lying about how the law is applied. This isn't a question about what police can actually do to you in custody, it's about what lies they can (or can't) tell to obtain a suspects co-operation.

I know that the UK police can't actually ship suspects to Guantanamo bay, but can they tell a suspect that they will? I know that suspects have to be released or charged after 24 hours, but can they tell the suspect something else?

Consider this scenario. The Police arrest a suspect by the book, read him his rights correctly, the suspect (foolishly) declines the services of a solicitor, then asks the arresting officer "how long can you hold me?" the officer responds "seven days". Has the officer broken the law at this point by lying?

Answer 1

PACE is the legal doctrine that police in the UK must adhere to. Although there is no ban on lying in PACE, police are expected to act fairly and impartially.

If police lie to get a conviction, then questions will arise about why the police person decided to lie to achieve the desired effect. This may very well lead to a discrimination lawsuit.

It is worth noting that the UK does not have qualified immunity safeguards for police, unlike the USA. If you believe that police have acted unfairly or that there has been a PACE violation, you are free to lodge complaints and consider legal action.

But can they lie about the legal process itself? examples

we can hold you for 3 days without charge.

PACE is clear that...

1.1 All persons in custody must be dealt with expeditiously and released as soon as the need for detention no longer applies.

Also,

12.2 Except as below, in any period of 24 hours a detainee must be allowed a continuous period of at least 8 hours for rest, free from questioning, travel or any interruption in connection with the investigation concerned. This period should normally be at night or other appropriate time which takes account of when the detainee last slept or rested. If a detainee is arrested at a police station after going there voluntarily, the period of 24 hours runs from the time of their arrest and not the time of arrival at the police station. The period may not be interrupted or delayed, except:

you only get a lawyer after the first day of questioning.

PACE is again very clear on the matter...

6.1 Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available. See paragraph 3.1, Notes 1I, 6B and 6J.

6.2 Not used.

6.3 A poster advertising the right to legal advice must be prominently displayed in the charging area of every police station. See Note 6H.

6.4 No police officer should, at any time, do or say anything with the intention of dissuading any person who is entitled to legal advice in accordance with this Code, whether or not they have been arrested and are detained, from obtaining legal advice. See Note 6ZA.

your (young) child will have to fend for themselves for the next 3 days, whilst we hold you. We don't have to tell social services. we'll put you in a cell with 'Barry the Butcher' and tell him you're a pedophile.

PACE mentions...

11.5 No interviewer may try to obtain answers or elicit a statement by the use of oppression.