1.2 Police Station - Suspect’s Rights Flashcards
What must be contained in custody records?
Custody record
- D’s arrest details
- D’s detention reasons
- Search procedure/continued detention authorisation
- Legal/Medical advice requests
- Review of D’s detention
- Meals, drinks
=> D’s solicitor can inspect and take notes
What must custody officer inform D of his general rights?
Right to inform someone re D’s arrest
Consult privately w solicitor
Consult Codes of Practice
When may custody officer seize D’s property/clothing?
Could injure persons/property
Could assist escape from lawful custody
When may strip search be conducted?
Remove outer clothing
- PO reasonably believes D might be hiding article D could not keep as weapon
- Search necessary to prove/disprove D has mark/tattoo proving involvement in offence + D refuses identity confirmation
When may D be detained without charge?
1) Insufficient evidence to charge D
2) D’s detention w/o charge necessary
- Secure/Preserve evidence re offence
- Obtain evidence by questioning D
=> 24/36/72/96 hours since relevant time (depends on type of crime + purpose of detention)
When does detention time run from?
Relevant time
- D arrives at police stn
- 24 hours after D’s arrest
- D’s arrest (D voluntarily attends/arrested at police stn/accompanied police)
How may D’s detention be extended beyond 24 hours?
36 hours
1) Officer at least rank superintendent
2) Relevant time (indictable offence - CC)
3) Reasonable grounds > Necessary to detain > Secure/Preserve evidence by questioning D
4) Expeditious + Diligent investigation
72/96 hours
- App to MC (warrant further detention)
=> After 96 hours > Charge/Release > Unconditionally/On bail
What is required for reviewing detentions?
1) Officer at least rank of inspector
2) Intervals
- 1st interval > Within 6 hours after first authorisation
- 2nd interval > Within 9 hours
=> Ensure original grounds for detention continue to apply
Otherwise
- If not timely > Must note details and timing in custody record
- If not conducted > Unlawful (until conducted)
Who can D notify of arrest?
As soon as reasonably practicable > Telephone/In person
- Relative
- Friend
- Another likely interested in D’s welfare
How may custody officer delay D’s right to notify his arrest? How long?
Max. 36 hours since D arrived at police stn
- Arrest > Indictable offence
- Officer at least rank inspector authorises delay > Otherwise notice will interfere connected evidence/Injure others/alert suspects not arrested/hinder property recovery
How may custody officer delay D’s right to legal advice? How long?
Max. 36 hours since D arrived at police stn
- Arrest > Indictable offence
- Officer at least rank superintendent authorises delay > Otherwise notice will interfere connected evidence/Injure others/alert suspects not arrested/hinder property recovery
Who can give legal advice to D?
Solicitor
Non-solicitor completed PSRAS/registered as probationer
- Allows LAA to give legal aid
Appropriate adult can accompany vulnerable D
Is legal advice free?
Yes
- UNLESS D privately instructs solicitor > Costly
What is D’s right to accommodation and medical attention?
Cell adequately heated, ventilated
Toilet
+2 light meals
1 main meal
Regular refreshments
Medical treatment ASAP
- D is physically ill/injured/mentally ill
When may D have rests or breaks?
+8 hours’ continuous rest free from qs
Interview breaks
- Normal meal times
- Short breaks (every 2 hours)
