CLP 9 - Police Powers Flashcards
Under which law is detention without charge governed?
The Police and Criminal Evidence Act (PACE) 1984.
What must police show to lawfully detain someone?
- Legal authority to detain
- Lawful use of powers
- Use of PACE powers correctly via PACE check (P.A.C.E)
What is ‘street bail’?
Bail given at the scene with conditions to attend the police station later.
What are key procedures at the police station?
- Meet custody officer + decide if detention should continue
- Informed of rights
- Non-intimate samples may be taken
- Offered solicitor
- May be interviewed
- May see healthcare professional
What are possible outcomes after an interview?
- Released (with/without bail)
- Charged & bailed to attend court
- Charged & held in custody for court next day
What rank must a custody officer be?
At least a sergeant.
Can a custody officer be involved in the investigation?
No.
When must the custody officer order release?
If arrest grounds no longer exist and detention is not reasonably necessary.
What must the custody officer do under s.37 PACE & Code C?
- Authorise detention or order release
- Record arrest reasons
- Conduct risk assessment
- Arrange help for vulnerable detainees
- Log everything in custody record
What is recorded in the custody record?
- Reason for arrest
- Circumstances of arrest
- Necessity for arrest
- Suspect’s comments
Who can view the custody record during detention?
The solicitor.
Who conducts detention reviews?
An officer of at least inspector rank.
When is the first detention review?
Within 6 hours of detention being authorised.
How often must reviews be carried out after the first?
Every 9 hours.
What must happen at each review?
- Suspect reminded of right to legal advice
- Allowed to make representations (unless unfit/asleep)
What is the initial maximum detention period before charge?
24 hours from the ‘relevant time’.
What is the ‘relevant time’?
Usually the arrival time at the police station, recorded in the custody record.
What must be true to extend detention to 36 hours?
- Authorised by officer of at least superintendent rank
- Reasonable grounds to believe further detention necessary to secure/preserve/obtain evidence
- Must be indictable offence
- Investigations conducted diligently and expiditously
- Reason for detention explained to suspect and noted in custody record
- Suspect and/or solicitor allowed to make representations
- Authorised before expiry of initial 24 hours but after second interview.
What’s required to detain someone beyond 36 hours?
An application to the magistrates’ court.
How long can magistrates extend detention on first application?
Up to 36 hours.
Can a second extension be granted?
Yes, another 36 hours, up to a maximum of 96 hours total.
What must the magistrates’ court be satisfied of for extension?
Same criteria as required by superintendent for initial extension.
What are the 3 key detention time limits under PACE?
- 24 hours: Initial limit
- 36 hours: With superintendent approval (indictable only)
- 96 hours: With magistrates’ court approval (indictable only)
