1. Police Powers Flashcards
When must an officer take D to a designated police station?
If D will be detained for more than 6 hours
What is street bail?
D granted bail to attend police station later
Requirements to be a Custody Officer
Can’t be involved in the investigation, at least a sergeant rank
What does the custody officer do at first instance?
Authorise continued detention and open a custody record
If there isn’t enough evidence to charge D, when can the custody officer authorise continued detention?
Necessary to secure or preserve evidence, or to obtain evidence by questioning
When is Art.5 (liberty & security) ECHR relevant?
Detention without compliance with national law is a breach of Art.5
What is in the custody record?
Reasons and circumstances of arrest, comments by D, D’s personal details, significant statements, how long detention has been extended, time of detention reviews
When can D’s solicitor consult the custody record?
ASAP after arrival at police station
Who reviews detention?
Review Officer
Requirements to be a Review Officer
Unconnected with investigation, separate person to custody officer, at least rank of inspector
When must detention reviews take place?
First after 6 hours, and then every 9 hours.
6 Police Ranks in ascending order of seniority
Constable, Sergeant, Inspector, Chief Inspector, Superintendent, Chief Superintendent
How long does PACE allow D to be kept in custody without time and authorisation?
24 hours from the relevant time
When can D’s detention without charge be extended for another 12 hours?
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
When must extensions be authorised?
Before the second review
True or false: D must be allowed to make representations about the custody extension
True
How do the police extend detention without trial after 36 hours?
Warrant from magistrates
How many times can the police apply for an extension warrant?
Twice
How long can the first extension warrant extend detention without charge?
36 hours
How long can the second extension warrant extend detention without charge?
24 hours
What is the longest D may be held without charge, assuming warrants are obtained?
96 hours from relevant time
Which rights must the CO inform D of?
Right to free independent legal advice
Right to have someone informed of their arrest
Right to consult PACE
When must D be reinformed about their right to consult a solicitor?
Before any interview; being asked to provide an intimate sample, or an identification procedure
Who must authorise restriction on right to consult a solicitor, and what type of offence need D be arrested for?
Superintendent; indictable
How long can you delay D consulting with a solicitor for?
36 hours
Who must authorise restriction on right to have someone informed of arrest, and what type of offence need D be arrested for?
Inspector indictable
How long can you delay the right to have someone informed of arrest by?
36 hours
Which two types of people are entitled to an appropriate adult?
- Those who are or appear to be under 18;
- Those mentally vulnerable, or anyone the officer has been told in good faith is mentally vulnerable
Who are preferred appropriate adults?
Parent / Guardian; Social Worker
Base criteria for being an appropriate adult
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
True or false: the solicitor can act as appropriate adult
False
Who authorises restrictions on the right to an interpreter?
Superintendent
Minimum care quality of a detainee
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
What does the caution before interview say?
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.
In interviews, when do you caution?
Before the interview, and after breaks
Where must the interview take place?
Police station / authorised place of detention
How must interviews be recorded?
Audio for indictable; writing for minor offence where no arrest and not at a police station
What should solicitors do before the interview?
Obtain disclosure, privately consult with D about options for interview
What rights does D have with regards to a solicitor in the interview?
Right to have one present and pause and consult with them
