1.7 Detention And treatment Of Persons By Police (Code C) Flashcards
What is the role of a custody officer?
To act independently of those conducting the investigation thereby ensuring the welfare and Rights of the detained person
What is the chief constable duty?
To appoint one custody officer for each designated police station and had a discretionary putter to appoint more than one
What tank must the custody officer be?
At least a Sgt but any officer can perform the functions of a custody officer at a designated police station if one is not readily available
What happens when an arrested person is taken to a non-designated police station?
Any officer of any rank not involved in the investigation should perform the role of a custody officer.
When an officer isn’t involved the arresting or bailing officer should perform the role and then notify the inspector or above at the designated police station
What powers does designated officers have?
All that a constable has except for:
- Power to arrest
- Power to stop and search
- Power to perform the functions of a custody officer at a designated police station when a custody officer isn’t available
- Any power that is only exercisable by a constable of rank
What is the role and powers of a detention office?
Power to search detained persons, take their fingerprints and other samples without consent and take a photograph.
To carry out non intimate searches and seized items found
To carry out intimate searches in very limited circumstances
To carry out searches/examinations to identify individuals
What is the role of an escort officer?
To transport arrested persons to police stating, between stations to other locations as specified by the custody officer
To conduct non intimate searches of the detainee and to seize or retain anything found
When must a detained person go to a designated police station?
When they are likely to be detained for more than 6 hours.
What is a designated station?
A station which has enough facilities for the purpose of dealing with prisoners
What does the appropriate adult mean for a juvenile?
Parent or guardian
A social worker of a local authority
Failing these anyone over the age of 18 who is allowed
What does an appropriate adult mean for someone who is vulnerable?
A relative, guardian or other person responsible for their care
Some experienced with dealing with vulnerable people
Failing these anyone over 18 who is allowed
Who isn’t allowed to act as an AA?
Anyone employed by the police or under the control/ direction of the chief constable
Or
Any person who provided services under contractual arrangements to assist that force in relation to the discharge of its chief officers functions
What is the role of an AA?
Safeguard the rights and entitlements and welfare of the juveniles or vulnerable people. So they:
Support, advise, assist them when they are given or asked to provide information or participate in any procedure
Observe police are acting f fairly
Assist in communication
When does code C not apply?
The anyone detained under code H
Arrested on behalf of Scotland
Arrested under the Immigration and Asylum act 1999 to have finger prints taken
Detained for stop search
Held in custody on behalf of the prison service
What is a live link?
An arrangement by means of which the
- Interviewing officer
- Reviewing officer
- or authorising officer
Is able to see and hear the detainee, and can be seen and heard by the detainee, solicitor, AA and interpreter
Or where the detainee can be seen and heard by the court without being present
Are appropriate adult subject to legal privilege?
No
Can live link be used if the detainee has a hearing or eye sight impairment
No
Who is permitted to inspect the whole of the detainees custody record?
The solicitor and AA
They can also request it for court up to 12 months after the detainees release
What are the detainees ongoing rights?
Right to consult privately with a solicitor and that free independent legal advice is available
Right to have someone informed of their arrest
Right to consult PACE
Right to interpretation and translation
Right to communicate with their Hugh Commission, Embassy or Consulate
Who is the responsible officer? When should they we notified?
Normally someone from YOT
They should be notified if the juvenile arrested is known to be subject to a court order under which a person/organisation is given a LBT degree of statutory responsibility to supervise or otherwise monitor them
Under S31 of the Children and Yound Persons Act 1933, what must happen?
If a girl detained is under 18 then she must be under the care of a woman
AND
No persons under 18 shall associate with an adult charged with an offence unless they are jointly charged with the same offence as the minor
What must happen if a voluntary atttendence attendee needs to be arrested?
Inform them of their arrests and of the grounds and reasons for that arrest
Be brought before the custody officer at the police station where they were arrested before they are taken anywhere else
What is S54 PACE?
The custody officer at a police station shall ascertain everything which a person has with him when he is brought to the station or detained at the station
SEARCH
SAME SEX AND CONSTABLE
MUST BE AUTHORISED BY CUSTODY OFFICER FIRST
3 types of searches in custody?
Standard
Strip
Intimate
When can a detainee be interviewed when he wants a solicitor but hasn’t got one?
When the detainee is not allowed a solicitor
SUPERINTENDENT has RGB that the delay might
- least TI interference with or harm to evidence
- lead to interference with or physical harm to other people
- lead to a serious loss of or damage to property
- lead to alerting other people suspected of having committed an offence but not yet arrested for it
- hinder the recovery of property obtained in consequence of the commission of an offence
When solicitor refuses to attend or cannot be contacted
When the detainee changes their minds and jo longer wants a solicitor (INSPECTOR AUTHORISED)
Which officer deals with solicitor conduct?
SUPERINTENDENT OR ABOVE can remove a solicitor
Who can solicitors be reported to?
Solicitors regulatory authority
Legal aid agency
Who should be notified if a complaint is made in custody?
An INSPECTOR not involved in the investigation
And
HEALTH CARE PROFESSIONAL if it relates to an assault
How many detainees take medication?
Under the supervision of the registered medical practitioner
The custody officer or other authorised custody staff may supervise drugs listed in Schedule 4 or 5 if they have consulted a HCP
What is a HCP?
A clinically qualified person working within the scope of practice as determined by his/her relevant professional body
How must an interpreter communicate under interview? How can they communicate the rest of the time?
Audio AND Visual
It can be both or just audio the rest of the time
Who authorises a 12 hours custody extension? When can it be authorised?
Section 42
Superintendent
After the second review
What is S42 PACE?
A 12 hour custody extension for INDICTABLE OFFENCES
For a 12 hours extension, who shall get an opportunity to make representations to the authorising officer?
The detainee
Their solicitor
Their AA
What is S43 and who grants it?
Court
A warrant of further detention to extend detention without charge of a person arrested on an indictable offence
Under S44 PACE what must the detainee be given/do?
It’s a further extension warrant
The detainee must:
attend court
Be legally represented if they want
Be given copy of the information which supports the application
When can a Superintendent extend detention through a live link?
The custody MUST considered it appropriate
The detainee has requested and received legal advice in the use of live link
The detainee HAS CONSENTED to live link being used
SAME FOR COURT! S43 and S44
How does consent to live link differ between ages?
18+. Their consent
14-18. Theirs and their parents consent
Under 14. Their parents consent
How does consent differ in vulnerable adults?
Consent must be given in front of AAs
What is relevant time?
The time from which the detention of a person is to be calaculated
What are the two options for relevant time?
The time at which a person arrives at the police station
The time 24 hours after that person was arrested
IF ARRESTED OUTSIDE OF ENGLAND AND WALES THIS IS THE SAME BUT ADD ENGLAND AND WALES
When does the detention clock start for those arrested for Terrorism offences?
The time at which they were ARRESTED
How long can someone be detained in custody? And in relation to terrorism offnece?
96 hours
14 days
What are the 3 stages of precharge detention?
The basic period of detention
Those authorised by superintendent
Those authorised by the court
What happens if the warrant for further detention is denied?
The detainee must be released by the end of the current permissible period of detention
When can warrants under S43 and S44 be applied?
S43- Anytime up to the 36 hour window or if the courts have not been able to hear it then six hours after this window
S44- must be made prior to the last warrant expiring
In terrorism cases how long as the warrant extensions?
7 days initially unless deemed inappropriate
Then will go to the 14 day term
Where does the detainee spend the 14 days?
Designated prison unless the detainee wishes to stay at the police station
OR
RGB hinder the investigation/ delay charging/ slow down the investigation
Who is the review officer?
An inspector or above who is not involved in the investigation up until the point where the detainee is charged and then it becomes the custody office
When are reviews conducted
The first on is before they have been in 6 hours after their detention is authorised
The following reviews take place before every 9 hours after the first
What are the types of methods to reviewing people and limitation?
Face to face
Over the phone but before they have been charged
Live link but needs various consent if vulnerable adult or juvenile
If either the custody officer or review officer deems there is enough evidence to charge what must happen regardless to whether the other disagrees?
They must be released either on bail or charged
When can a review legally be delayed?
If the suspect is in interview
If there are no review officers readily available
If there is a delay to the first when should the second be conducted?
9 hours after when the first SHOULD have been done
When do reviews take place when the detainee is arrested on suspicion of terrorism?
1st as soon as possible
The following ones before 12 hours after the first
Until there is a warrant obtained and then no further reviews need to be conducted
For terrorism offences who conducts the reviews after 24 hours?
Superintendent
Why can a persons continued detention be authorised?
Pg131
When is it necessary to interview detainees?
Prevent/ minimise harm or loss to another
Clear up ambiguities in the case
In interest of justice for the detainee to have put to them
If juveniles need to be charged but there is no AA available, what happens?
The juvenile should be released on bail to return when the decision can be implemented
When can custody officers add bail conditions?
When the matter is being referred to cps
Bailed after charge
Who can authorise conditional cautions?
CPS
Sergeants or above
What offence are excluded form cautionary cautions?
Hate crime
Domestic violence
BUT can in expectation also circumstances
What section of PACE allows a detainee to be tested for drugs?
63B
What samples can be taken to see if the person has drugs in their system?
Urine or non intimate sample
What must they have been arrested for to drug test them?
A trigger offence
Or any other offence but INSPECTOR AUTHORISED
What are the age conditions on drug testing?
Not charged- 18 plus
Charged- 14+
Tw hat must an officer do before requesting a drug sample?
Inform them of the purpose of the sample
Warn them failure makes them liable to prosecution
Grounds and authorisation explained if given
Remind them of ongoing rights
What happens if the age of a person has not been ascertained and officers want to drug test them?
Same but taking the sample must be done in front of an AA
How can an inspector authorise a drugs test?
Orally or writing
How many samples can be obtained?
If not charged no further samples can be taken
Can forced be used to obtain drugs test sample?
No
If a person tests positive for drugs, what can be imposed on them?
An initial assessment and a follow up assessment
When can a drugs assessement be imposed?
When a person is 18+
Notification has been given by the Secretary of State
What must a police officer do when imposing a drugs assessment?
Warn them they are liable to prosecution if they do not attend
inform them of the time and place of the assessment
Confirm information will be given in writing
Who authorised the search of body orifices?
Inspector
RGB they have concealed something
Harm
Drugs
RGB it’s the only way to remove these items
What happens if the detainees refuse?
Liable for prosecution
Who carries out initiate searches?
Medical practitioner
Nurse
Unless inspector seems it to not be practicable and authorises an officer to do it
Where can an intimate search take place?
For HARM and DRUGS
Hospital
Medical building
Police station
Who authorised someone to be held incommunicado?
Inspector plus
Who authorised to right to delay legal advice?
Superintendent
When can someone be held incommunicado or have their legal advice delayed?
INDICTABLE OFFENCE
Harm/Interfere with evidence/ people
Alert others suspects
Hinder recovery of property obtained through commission of an offence
RGB- POCA
What additional grounds are needed to delay legal advice?
RGB the solicitor will pass on a message from the detainee
How long can someone be held incommunicado/ have their legal advice delayed?
Maximum 36 hours
What can the court not do if the detainees legal advice is delayed?
Draw adverse inferences from their silence
Who authorised an ultrasound or X-ray of the detainee if they RGB they have swallowed Class A
Inspector
But writing consent for detainee is needed
