1. Police Powers

Question 1

When must an officer take D to a designated police station?

Answer 1

If D will be detained for more than 6 hours

Question 2

What is street bail?

Answer 2

D granted bail to attend police station later

Question 3

Requirements to be a Custody Officer

Answer 3

Can’t be involved in the investigation, at least a sergeant rank

Question 4

What does the custody officer do at first instance?

Answer 4

Authorise continued detention and open a custody record

Question 5

If there isn’t enough evidence to charge D, when can the custody officer authorise continued detention?

Answer 5

Necessary to secure or preserve evidence, or to obtain evidence by questioning

Question 6

When is Art.5 (liberty & security) ECHR relevant?

Answer 6

Detention without compliance with national law is a breach of Art.5

Question 7

What is in the custody record?

Answer 7

Reasons and circumstances of arrest, comments by D, D’s personal details, significant statements, how long detention has been extended, time of detention reviews

Question 8

When can D’s solicitor consult the custody record?

Answer 8

ASAP after arrival at police station

Question 9

Who reviews detention?

Answer 9

Review Officer

Question 10

Requirements to be a Review Officer

Answer 10

Unconnected with investigation, separate person to custody officer, at least rank of inspector

Question 11

When must detention reviews take place?

Answer 11

First after 6 hours, and then every 9 hours.

Question 12

6 Police Ranks in ascending order of seniority

Answer 12

Constable, Sergeant, Inspector, Chief Inspector, Superintendent, Chief Superintendent

Question 13

How long does PACE allow D to be kept in custody without time and authorisation?

Answer 13

24 hours from the relevant time

Question 14

When can D’s detention without charge be extended for another 12 hours?

Answer 14

If a superintendent authorises it, and
The office is indictable, and
Reasonable grounds to believe it’s necessary to secure evidence or obtain it by questioning, and
Investigation is conducted diligently and expeditiously

Question 15

When must extensions be authorised?

Answer 15

Before the second review

Question 16

True or false: D must be allowed to make representations about the custody extension

Answer 16

True

Question 17

How do the police extend detention without trial after 36 hours?

Answer 17

Warrant from magistrates

Question 18

How many times can the police apply for an extension warrant?

Answer 18

Twice

Question 19

How long can the first extension warrant extend detention without charge?

Answer 19

36 hours

Question 20

How long can the second extension warrant extend detention without charge?

Answer 20

24 hours

Question 21

What is the longest D may be held without charge, assuming warrants are obtained?

Answer 21

96 hours from relevant time

Question 22

Which rights must the CO inform D of?

Answer 22

Right to free independent legal advice
Right to have someone informed of their arrest
Right to consult PACE

Question 23

When must D be reinformed about their right to consult a solicitor?

Answer 23

Before any interview; being asked to provide an intimate sample, or an identification procedure

Question 24

Who must authorise restriction on right to consult a solicitor, and what type of offence need D be arrested for?

Answer 24

Superintendent; indictable

Question 25

How long can you delay D consulting with a solicitor for?

Answer 25

36 hours

Question 26

Who must authorise restriction on right to have someone informed of arrest, and what type of offence need D be arrested for?

Answer 26

Inspector indictable

Question 27

How long can you delay the right to have someone informed of arrest by?

Answer 27

36 hours

Question 28

Which two types of people are entitled to an appropriate adult?

Answer 28

1. Those who are or appear to be under 18; 2. Those mentally vulnerable, or anyone the officer has been told in good faith is mentally vulnerable

Question 29

Who are preferred appropriate adults?

Answer 29

Parent / Guardian; Social Worker

Question 30

Base criteria for being an appropriate adult

Answer 30

Anyone over 18 not a police employee; not involved in offence or investigation; not low IQ; not estranged parent who doesn't want to be there

Question 31

True or false: the solicitor can act as appropriate adult

Answer 31

False

Question 32

Who authorises restrictions on the right to an interpreter?

Answer 32

Superintendent

Question 33

Minimum care quality of a detainee

Answer 33

1 D = 1 cell if practicable; cell should be heated cleaned ventilated; bedding toilet washing facilities; replacement clothes if necessary; two light meals and one main meal every 24 hours

Question 34

What does the caution before interview say?

Answer 34

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Question 35

In interviews, when do you caution?

Answer 35

Before the interview, and after breaks

Question 36

Where must the interview take place?

Answer 36

Police station / authorised place of detention

Question 37

How must interviews be recorded?

Answer 37

Audio for indictable; writing for minor offence where no arrest and not at a police station

Question 38

What should solicitors do before the interview?

Answer 38

Obtain disclosure, privately consult with D about options for interview

Question 39

What rights does D have with regards to a solicitor in the interview?

Answer 39

Right to have one present and pause and consult with them