6. Detention and Treatment of Persons by Police Officers Flashcards
Who must be informed where officer performs duties of custody officer?
INSPECTOR attached to DESIGNATED POLICE STATION
What rank must a custody officer be?
At least SERGEANT unless not readily available
Can an officer of any rank perform the role of custody officer at designated or non-designated police stations?
Yes, both
Whose authorisation do you need to deny or delay the privilege of writing materials or a telephone call?
INSPECTOR or above
How long can privilege of writing materials or telephone call be denied or delayed for?
36 hours maximum (48 hours terrorism) from relevant time
Who can authorise delaying access to a solicitor?
SUPERINTENDENT
When can access to a solicitor be delayed?
If will interfere with evidence relating to INDICTABLE OFFENCE
What happens to the PACE clock where an arrested person is then wanted for a second offence within the same force area and further arrested?
Detention clock is SAME TIME AS ORIGINAL OFFENCE
Who can authorise detention beyond 24 hours?
SUPERINTENDENT
How long can extended detention be authorised for?
Up to 36 hours
When can detention be extended?
INDICTABLE OFFENCE only
Does the right to private consultation with solicitor apply to juveniles?
Yes
Can a juvenile request a private consultation with their solicitor without an appropriate adult present?
Yes
Can a juvenile be placed in a cell with a detained adult?
No
Can a juvenile be placed in a cell?
Yes, if no other secure accommodation is available and it is not practicable to supervise them otherwise, OR a cell provides more comfortable accommodation
Who can authorise a juvenile being placed in a cell?
Custody officer
Is a person at court after being charged in police detention?
NO
Are urgent interviews admissible in court?
Yes, as long as it can be justified
Will an inference be drawn from failure to answer questions in an urgent interview?
No, if the suspect has not been allowed the opportunity to consult a solicitor prior to being questioned
Who can authorise an urgent interview?
SUPERINTENDENT or above
Do you need to wait for a solicitor to take non-intimate samples without consent?
No
For a person detained under Terrorism Act, when should first custody review be conducted?
As soon as reasonably practicable after arrrest
Who should conduct custody review of person detained under Terrorism Act after 24-hour period?
SUPERINTENDENT
How long does entitlement to custody record last for?
12 months after release
How often should detainees be visited?
Every hour
How often should detainees be visited who are intoxicated through drink or drugs?
Visited and roused at least every HALF HOUR
What happens when a person in custody is injured?
Custody officer must make sure they receive medical attention as soon as reasonably practicable
Can a detainee be examined by a medical practitioner of their choice?
Yes, at their expense
Can a victim of an offence act as an appropriate adult?
No
Can a person act as an appropriate adult if they have received admissions from the suspect prior to attending as an AA?
No
How can a detention review be conducted?
In person / telephone / video conferencing - matter for review officer to decide
Can you re-interview a suspect post-charge?
Yes
Does a suspect need to agree in writing to being re-interviewed post-charge?
No
When can a suspect be re-interviewed post charge?
- Prevent / minimise harm / loss to person or public
- Clear up any ambiguity in previous answer or statement
- For detainee to have put to them new information
Can detention officers carry out non-intimate searches?
Yes
Can detention officers carry out intimate searches?
Yes
Can escort officers carry out non-intimate searches?
Yes
Can escort officers carry out intimate searches?
Yes
Can escort officers photograph detained persons?
No
Can detention officers carry out examinations of detained persons?
Yes, in order to identify the person via marks on body (such as tattoos)
When must a person detained at a non-designated police station go to a designated station?
If they are detained (or likely to be) for longer than SIX HOURS
