26. Detaining And Escorting Suspects Flashcards
What are the four steps of detaining and escorting to custody?
- Detain
- Transport
- Custody
- Disposal
What Human Rights Act is interfered with during detention?
Article 5 Right to Liberties and Security
What is PLANE?
Proportionate Legal Accountable Necessary Ethical
Under what PACE power do you de- arrest?
Section 30 PACE
What are the 9 things needed when presenting to custody?
- Detainees Details (name, DOB, Address)
- Circumstances of the incident (Include times, locations, names etc)
- What they were arrested for
- The necessity for the arrest
- Time and location of the arrest
- Any medical issues or injuries (including mental health)
- Any lines of enquiries that you are going to follow up (statements, cctv etc)
- Any use of force (including handcuffing)
- Search under Section 54 PACE
What are the 4 rights of a detained person?
- The right right to consult privately with a solicitor and free and independent legal advice
- The right to have someone informed of their arrest
- The right to consult a copy of the codes of practice
- If applicable, right to interpretation/ translation/ communication with embassy
Juveniles and Vulnerable Persons
The custody officer must, as soon as practicable, ensure that:
PACE CODE C 3.15
The detainee is told:
- that an appropriate adult is required
- the duties of the appropriate adult
- that they can consult in private with the appropriate adult
The appropriate adult must be informed of:
- the grounds for the detention
- their whereabouts
- that the attendance is required at the police station
What is the role of the appropriate adult?
To safeguard the rights, entitlements and welfare of juveniles and vulnerable persons.
Who can’t be an appropriate adult?
- suspected of involvement in the offence
- the victim
- a witness
- involved in the investigation
- received admissions prior to attending to act as the appropriate adult
What do you remove under a section 54 PACE search?
Custody officer shall ascertain everything a person has with them when brought to custody and may retain articles:
- that can cause injury to self or others
- damage property
- interfere with evidence
- assist in escape
Disposal
Where a person has been arrested and held in custody for investigation, they will either be:
- Charged/ alternate disposal
- released insufficient evidence (RIE)
- Released Under Investigation (RUI)
- Released on bail (S47/ 3PACE) or (S37PACE)
What is Section 47/3 PACE?
When the investigation is ongoing
What is Section 37PACE?
Used when CPS charging advice is sought I.e investigation complete
Reasons for refusing to grant Bail?
Section 38 PACE
- Name and Address can’t be ascertained or reasonable grounds for doubting whether real
- RGB will fail to appear
- RGB necessary to prevent interference with justice or the investigation
- RGB to prevent committing further offences
- RGB for their own protection
- RGB necessary to prevent causing physical injury to any other person or causing loss or damage to property
- murder
What are the bail conditions?
- to live and sleep at a specified address
- to notify any change of address
- to report periodically to his/ her local police station
- restrictions from entering a certain area or building
- not to contact directly or indirectly the victim or any witness
- to surrender his/ her passport
- to abide by a curfew
- to provide a surety or security
