CLP 9 - Police Powers Flashcards

1
Q

Under which law is detention without charge governed?

A

The Police and Criminal Evidence Act (PACE) 1984.

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2
Q

What must police show to lawfully detain someone?

A
  • Legal authority to detain
  • Lawful use of powers
  • Use of PACE powers correctly via PACE check (P.A.C.E)
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3
Q

What does the P.A.C.E. check stand for?

A
  • P: Identify the Power
  • A: Find the Authority
  • C: Check the Criteria
  • E: Ensure proper Exercise of the power
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4
Q

When should an arrested suspect be taken to the station?

A

Promptly, unless urgent investigation is needed.

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5
Q

What happens if detention will exceed 6 hours?

A

Suspect must be taken to a designated police station.

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6
Q

What is ‘street bail’?

A

Bail given at the scene with conditions to attend the police station later.

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7
Q

Who does the detainee meet first at the police station?

A

The custody officer.

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8
Q

What are key procedures at the police station?

A
  • Informed of rights
  • Non-intimate samples may be taken
  • Offered solicitor
  • May be interviewed
  • May see healthcare professional
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9
Q

What are possible outcomes after an interview?

A
  • Released (with/without bail)
  • Charged & bailed to attend court
  • Charged & held in custody for court next day
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10
Q

What rank must a custody officer be?

A

At least a sergeant.

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11
Q

Can a custody officer be involved in the investigation?

A

No.

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12
Q

When must the custody officer order release?

A

If arrest grounds no longer exist and detention is not reasonably necessary.

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13
Q

What must the custody officer do under s.37 PACE & Code C?

A
  • Authorise detention or order release
  • Record arrest reasons
  • Conduct risk assessment
  • Arrange help for vulnerable detainees
  • Log everything in custody record
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14
Q

What is recorded in the custody record?

A
  • Reason for arrest
  • Circumstances of arrest
  • Necessity for arrest
  • Suspect’s comments
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15
Q

Who can view the custody record during detention?

A

The solicitor.

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16
Q

Who conducts detention reviews?

A

An officer of at least inspector rank.

17
Q

When is the first detention review?

A

Within 6 hours of detention being authorised.

18
Q

How often must reviews be carried out after the first?

A

Every 9 hours.

19
Q

What must happen at each review?

A
  • Suspect reminded of right to legal advice
  • Allowed to make representations (unless unfit/asleep)
20
Q

What is the initial maximum detention period before charge?

A

24 hours from the ‘relevant time’.

21
Q

What is the ‘relevant time’?

A

Usually the arrival time at the police station, recorded in the custody record.

22
Q

Who can authorise detention between 24–36 hours?

A

A superintendent.

23
Q

What must be true to extend detention to 36 hours?

A
  • Indictable offence
  • Further detention needed to obtain evidence
  • Investigation being conducted diligently
  • Authorised after second review but before 24-hour expiry
  • Reasons must be explained and recorded
  • Suspect/solicitor can make representations
24
Q

What’s required to detain someone beyond 36 hours?

A

An application to the magistrates’ court.

25
Q

How long can magistrates extend detention on first application?

A

Up to 36 hours.

26
Q

Can a second extension be granted?

A

Yes, another 36 hours, up to a maximum of 96 hours total.

27
Q

What must the magistrates’ court be satisfied of for extension?

A

Same criteria as required by superintendent for initial extension.

28
Q

What are the 3 key detention time limits under PACE?

A
  • 24 hours: Initial limit
  • 36 hours: With superintendent approval (indictable only)
  • 96 hours: With magistrates’ court approval (indictable only)