9.1: At the Police Station - Rights and Processes Flashcards
When should the first review take place for a persons detention?
Within 6 hours of arrival at the police station by a Custody Officer (sergeant)
When should the second review take place?
Within 9 hours of the first review
The limits on detention without charge
96 hours. Anything beyond 36 hours requires a magistrates order
Who acts as the custody officer?
A police officer of at least sergeant rank.
What is the purpose of the Custody Record?
The primary purpose of the custody record is to monitor the oversight of the detention and ensure compliance with duties under PACE Code C.
How long can the right to access legal advice / having someone informed be lawfully delayed for?
No more than 36 hours.
What is the decision to charge based on
The Custody Officer must decide whether there is sufficient evidence to charge the suspect based on the “Full Code Test” of the Crown Prosecution Service, which requires both the “evidential sufficiency” test (realistic prospect of conviction) and the “public interest test” (in the public interest to prosecute).
Can a solicitor request a copy of the custody Record at any point during a client’s detention?
Yes
What are the key conditions of detention
These include the provision of food and drink, rests, lighting and heating, conditions in cells, and the separation of juveniles and adults. These requirements are somewhat flexible, and non-compliance will not necessarily invalidate detention.
Who can the decision to delay leal advice be made by?
Delay in legal advice must be authorised by an officer of the rank of superintendent or higher
Can access to legal advice or the the right have someone informed be delayed for a summary only offence?
no - can only be delayed for an indictable only offence
What are the three conditions to delay legal advice/ the right to have someone informed?
- indictable only offence
-authorised by an officer of a certain rank - must be reasonable grounds for the delay
Who is the person / what rank must authorise to delay for legal advice for an indictable offence?
For delaying access to legal advice, the officer must be at least the rank of a superintendent.
Who is the person / what rank must authorise the delay to have someone informed for an indictable offence?
For having someone
informed, this is an inspector.
Who is the final decision to charge made by for an indictable only offence?
The Crown Prosecution Service
When does the first review need to take place?
within the first 6 hours of detention
when does the second review need to take place
within 9 hours of the previous review by an inspector or higher ranked officer
When does the superintendent / officer responsible for the station conduct a review?
within 24 hours of detention
On what grounds can a police officer arrest someone?
There must be reasonable grounds to suspect that the arrestee has committed an offence and reasonable grounds for believing the arrest is necessary.
What must a person who is arrested be told?
A person who is arrested must be told why they have been arrested, cautioned and taken to a police station as soon as reasonably practicable.
Who conducts the detention review during the first 24 hours?
A Review officer. This is not the Custody Officer and will be an officer of, at least, the rank of inspector, who is independent of
the investigation.
For detention longer than 24 hours, what sort of offence must it be?
Must be an indictable only offence
Authorisation of detention for longer than 24 hours must be made by
The officer responsible for the station, who must be of, at least, the rank of
superintendent
To detain a person for longer than 36 hours without charge what must be obtained?
A warrant from the magistrates court, under PACE s43
