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National Police Promotion Exam > Code C > Flashcards

Code C Flashcards

1
Q

What property does the Custody officer have to record

A

The custody officer does not have to record everything a detained person has with him. However, if a record is made then it shall be given to the detained person to check and sign.

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2
Q

Is it necessary to search all clothing? e.g a Sikh Turban

A

The custody officer will make the decision based on a risk assessment

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3
Q

What types of search are there in the custody process.

A

Standard search, strip search, intermate search

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4
Q

Who can authorise a strip search

A

Custody officer

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5
Q

Who can authorise an intermate search

A

Inspector

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6
Q

Does everyone have to be search

A

No, the Custody officer can make a decision for someone not to be search based on the fact that they may not be in detention for a long length of time. If the detainee is not searched the custody officer will get the detainee to sign the record to say that they have not been searched. If the detainee refuses to sign the custody officer has no choice but to instruct a search

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7
Q

What is an intimate search

A

An intimate search is a search of the bodily orifice other than the mouth

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8
Q

When a detained person is given their right to have someone informed who can they have informed

A

Someone who would take an interest in their circumstances of the arrest.

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9
Q

How many people can a detained person have informed that they have been arrested?

A

One person, however, if that person cannot be contacted the detained person has the right to choose two other people to be informed. If neither of them can be contacted it will be the decision of the custody officer to allow the nomination of any other persons.

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10
Q

What happens to the right to have someone informed when a detained person is transferred to another custody suite.

A

They have the right to have someone informed re-initiated.

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11
Q

Who can authorise an interview without a solicitor

A

A Superintendent

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12
Q

When can an interview be authorised without a solicitor present, when one has been requested by the detained person.

A
  1. Lead to interference with or harm to evidence connected with the case.
  2. Lead to interference with, harm to other people
  3. Lead to SERIOUS loos of damage to property.
  4. Lead to alerting other persons suspected of committing the offence.
  5. Hinder the recovery of property.
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13
Q

Must a detained person always be given the opportunity to speak to a Solicitor in person?

A

No, if they are arrested for a non imprisonable offence then it is likely to result in the Solicitor consulting with them on a telephone call.

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14
Q

Can a Police Officer administer controlled drugs eg Methadone to a detained person?

A

No they can neither administer nor supervisor the self-administration of controlled drugs. This must be a medical professional.

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15
Q

What does a medical professional mean in relation to Code C

A

A suitable qualified medically trained person for the role they are undertaking at the time.

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16
Q

Whose responsibility is it to ensure that there are interpreters available for a detained person.

A

The Cheif Constable must ensure there are suitably trained and qualified solicitors availible.

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17
Q

If a detained person does not believe the interpreter is suitable, what is the course of action?

A

The Custody Officer will review the interpreter against the standard - “safeguard the fairness of proceedings” of the detained person wishes to make a complaint then they should inform the Inspector.

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18
Q

If a detained person makes a written statement via an interpreter what must happen?

A

The interpreter will complete the statement in the detained persons own language. The detained person will be invited to sign the statement. A translation into English will then be made in due course.

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19
Q

If a detained person makes a written statement via an interpreter via live link what must happen?.

A

The interpreter will complete a clear legible certified record without delay an send it sent to the interviewer. The interview is responsible for obtaining the original record.

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20
Q

If a detained person requests a Solicitor and then changes their mind, what must happen?

A

The inspector must authorise the interview to take place after a discussion with the detained person. This will be recorded on the custody log.

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21
Q

If the detained person has not requested a Solicitor, however, one has been sent on behalf of the detained person and has arrived at the custody suite what must happen.

A

The detained person must be alerted to the fact that a Solicitor has arrived at the custody suite and be given the opportunity to consult with them,

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22
Q

How often should detainees be visited

A

Detainees should be visited every hour unless they are under the influence of drugs or alcohol or have any cause for concern e.g loss of consciousness. Then they should be visited every 30 minutes and roused.

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23
Q

When should a detainee be referred to Clinical attention

A
  1. Appears to be suffering from physical illness
  2. Is injured
  3. Appears to be suffering from a mental disorder
  4. Appears to need clinical attention
  5. If a detained person wishes to consult with a clinical professional.
  6. If someone acting on behalf of the detained person notifies the custody officer they would need clinical attention.
  7. If the detained person requires to take any medication
  8. If the detained person needs medical relating to a heart condition, diabetes or epilepsy
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24
Q

What right can not be interfered with by the incommunicado sanction of Code C

A

A foreign nationals right to have the embassy, High commision or consulate informed.

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25
Q

How many meals should a detained person be given?

A

One main meal and two light meals. These should be given at known meals times, or at a suitable time taking into account when the detained person was arrested and when they last ate. The detained person should be offered drinks with meals, and any other time they make a reasonable request.

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26
Q

What must be clearly visible in every custody suite.

A

A poster or posters displaying the right to free and independent legal advice.

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27
Q

If an interview takes place without a Solicitor on the authorisation of a Superintendent what is it key to note.

A

That the court may not draw and inference from the answer given.

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28
Q

Can an officer make the comment - “If you don’t have a Solicitor it will be much quicker”

A

No

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29
Q

Has a detainee got to give a reason why they have declined a Solicitor

A

No

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30
Q

Who can exclude a solicitor from interview?

A

A Superintendent may remove a solicitor, if one is not readily available than an Inspector may remove a Solicitor as long as they notify the Superintendent. Who in turn should notify the law society. The detained person will be given an opportunity to consult with another solicitor.

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31
Q

If a detained person requests a Solicitor and then changes their mind, this is then authorised by an Inspector what must happen.

A

The inspector must make a written record on the custody log. The Detained person must make a written record on the custody log. The interview must confirm prior to the start of the interview that the detainee changed their mind, that if a Solicitor arrives prior to the interview being over then they will be informed and that if at any time the detained person wishes to stop the interview than they can

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32
Q

Who cannot be held incommunicado

A

Someone not arrested for an indictable offence.

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33
Q

Who is responsible for making documents available to the Solicitor regarding anything that is suitable to challenge the necessity to arrest or detain

A

The person reviewing the detention i.e Inspector prior to the charge. Or the person reviewing the necessity for extension i.e the Superintendent when applying for 24 - 36 extension

34
Q

Who is responsible for making documents available to the Solicitor when applying for a Warrant of further detention

A

The officer making the application

35
Q

When reviewing a detainees detention pre or post charge (Section 40) Does the reviewing officer need to be present.

A

Yes, the reviewing officer needs to be present at the Police Station where the detainee is, unless; The review takes place by telephone or video conference. If this occurs there will need to be an officer at the Police Station to undertake the reviewing officer’s role of updating the custody record.

If there are video conferencing tools available then the review can not take place by the telephone.

36
Q

What is Relevant time.

A

This is the time the persons detention starts and is calculated on the time of arrival at the Police Station.

37
Q

What are the conditions a court can authorise a Warrant of further detention.

A
  1. Indictable offence. 2. When they reasonable grounds for believing that the persons detention is necessary for the purpose of obtaining evidence of an indicatbale offence.
  2. The court believe the investigation is being conducted diligently and expeditiously.
38
Q

Can the Court hear a Warrant for further detention prior to a Superintendents review

A

Yes, the application can be made prior to the 36 hour extensions.

39
Q

What happens if the Court refuses a Warrant for further detention.

A

Then the detainee must be charged or released with or without bail.

40
Q

Can a second application for a Warrant of further detention be made?

A

Only if there is a new evidence that comes to light that would warrant a second application

41
Q

When should the court hear the application for a Warrant of further detention?

A

Between the hours of 10:00 and 21:00 - If a Special Court is required than this will need to be arranged with the Clerk to the justices. (only in exceptional circumstances)

42
Q

Does an application for a warrant of further detention need to be made prior to the expiry of the 36 hours?

A

Yes, although there are a further 6 hours granted to which the court may hear the application. However the court may rule that the application could have and therefore should have heard the application prior to the expiry of the 36 hours.

43
Q

If the detainee is present at Court for a Warrant of further detention and requests legal representation, can the hearing take place?

A

No the hearing must be adjourned whilst the detainee seeks legal representation.

44
Q

When does the relevant time start in a terrorism case

A

Time starts at the time of arrest. Or in the time of examination under detention.

45
Q

How long can a person be held without charge under the terrorism act before an application to the court

A

48 hours

46
Q

What is the maximum detention under the for terrorism offences

A

14 days

47
Q

How long will the court authorise on an application for a warrant of detention under the terrorism act

A

7 days

48
Q

Who can make the application for a warrant of detention under the terrorism act

A

A superintendent or a Crown Prosecutor

49
Q

Where will these applications be heard

A

District judge at Magistrates court unless it has already been heard at the high court.

50
Q

Who should conduct reviews in detention prior to charge under ss 40, 40a and 45a

A

Officer of at least inspector not directly involved in the investigation.

51
Q

When should the reviews be conducted under section 40

A

The first review shall be no later than six house after the detention was authorised. The second review shall be no later than nine-hours after the first review. All other reviews shall be at 9 hour periods.

52
Q

What are the reasons why a review can be delayed

A

The reviewing officer knows that the detainee is being questioned and is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation.

or

No review officer is readily available.

53
Q

If there is a dealy what happens to the consequential review times.

A

The review time is calculated from the time the review should have taken place and not the time it did take place.

54
Q

What are the review periods for terrorism offences.

A

initial review should take place as soon as practicable, then the reviews should occur every 12 hours.

55
Q

Who should conduct the reviews in terrorism offences

A

Initially an Inspector i.e initial review and the following reviews 12 hours apart up unto the 24 hour period.

After the 24 hour period, the reviews will be conducted by a Superintendent.

56
Q

What are the reviews for terrorism offences when a warrant for further detention has been authorised.

A

There is no requirement to conduct the reviews

57
Q

When can a detainee be interviewed after charge

A

To prevent or minimise harm or loss to some other person, or the public

To clear up an ambiguity in a previous answer or statement

In the interests of justice, for the detainee to have put to them and have an opportunity to comment on, information concerning the offence which has come to light since they were charged informed they would be prosecuted.

58
Q

what caution should be used in interviews after charge

A

the shortened caution.

59
Q

Can drug testing take place in every Police Station

A

No, it can only take place in Police Stations where the Secretary of state has given a notification to the relevant Chief officer. This notification could cover a force area or single Police Station.

60
Q

What are the circumstances for testing for a Class A controlled drug?

A

The arrest condition must be met - i.e the person must have been arrested for a trigger offence.

The age condition must be met

The notification condition must be met i.e that force must have a notification form the Secretary of state for that testing - i.e age (under 18)

A Police officer must request a sample

61
Q

How is the sample taken in relation to testing for the presence of Class A controlled drugs?

A

A urine sample of a non-intimate sample

62
Q

What is the arrest condition for testing for a Class A controlled drug?

A

The person has been arrested for a trigger offence.

The person has been arrested for an offence, and an officer of the rank of inspector has reasonable grounds to suspect that their misuse of a specified Class A drug caused or contributed to the offence

63
Q

What is the charge condition for testing for a Class A controlled drug?

A

The person has been charged with a trigger offence

The person has been charged with another offence, and an officer of the rank of inspector has grounds for suspecting that the detainees misuse of any specified Class A drug caused or contributed to the offence.

64
Q

What is the age condition when testing for a Class A controlled drug?

A

In the case of a detainee who has been arrested and not charged, they have to be over the age of 18.

In the case of a person who has been charged, they are 14 or over.

65
Q

What must an officer do when requesting a sample to test for the presence of a Specified Class A drug.

A

Inform the person that the request for a sample is under PACE and the purpose is to test for the presence of a Class A drug.

Warn them that if they refuse then it may be liable to prosecution.

Where a sample requires the authority of an Inspector then they must inform the person they have the authority.

Inform them of their detention rights: Solicitor, read codes of practice, have someone informed they have been arrested.

66
Q

How does the Inspector authorise the taking of a sample to test for the presence of a specified Class A drug?

A

The authority can be given verbally or written. If given orally it must be confirmed in writing.

67
Q

Can a detainee be detained in order to take a sample to test for a specified Class A drug?

A

Yes they may be if they have been arrested, they may be detained for that purpose but not beyond the 24 hours.

If they have been charged they may be detained for a period of 6 hours.

68
Q

Can multiple samples be taken?

A

No, if a sample is taken for arrest, then a sample can not be taken for charge in the same period.

69
Q

Can the sample of testing for the presence of a Class A controlled drug be taken by force?

A

No

70
Q

Who can take the sample for testing for the presence of a Class A controlled drug?

A

A prescribed person

71
Q

What can the sample testing for the presence of a Class A controlled drug be used for?

A

That purpose alone.

72
Q

What is an intimate search

A

The physical examination of a person bodily orifices other than the mouth.

73
Q

Who can authorise an intimate search?

A

An inspector

74
Q

What requirements are needed for the authorisation of an intimate search?

A

The search will be authorised by an Inspector if they have reasonable grounds for believing the person has anything concealed which they might use to cause physical injury to themselves or others.

or

A Class A controlled which they intent to supply to another or export.

An the officer believes an intimate search is the only way of removing those items.

(if the search is for drugs (in order to supply) only then the detainee must give his consent in writing)

75
Q

What must happen before the search begins:

A

The person must be told of the authority and the grounds for giving the authority.

76
Q

Who can conduct an intimate search

A

The search may only be carried out by a registered medical practitioner or registered nurse unless an officer of at least the rank of Inspector considers this is not practicable an the search is to take place under 2a i (Urgent requirement/danger) in which case a Police officer may carry out the search.

77
Q

Where can an intimate search take place

A

When searching for items that could be used to harm themselves or others the search can take place at: Hospital, surgery or other medical premises. The search can also take place at a Police Station.

When searching for controlled drugs which could be supplied the search can only take place at: Hospital, surgery or other medical premises.

78
Q

Can a juvenile be subject to an intimate search?

A

Yes. The juvenile would have the right to have an appropriate adult of the same sex present, or if they stipulate an appropriate adult of the opposite sex.

The search can only take place without an appropriate adult if the person stipulates they do not want one present during the search and the adult agrees.

79
Q

What is a strip search?

A

A strip search is the removal of more than outer clothing, this includes shoes an socks.

80
Q

When can a strip search be used?

A

A strip search must only be used when it is neccesary to remove an article which the detainee would not be allowed to keep and the officer reasonably consider’s the detainee might have concealed.

81
Q

What are the rules of a strip search

A

A Police officer carrying out the search must be of the same sex.

It must take place in private and away from anyone of the opposite sex who can see. Unless it is an appropriate adult of the opposite sex stipulated by the detainee.

The search should be two persons present other than the detainee.

If the search is or a juvenile or a mentally vulnerable person the appropriate adult should be present.

National Police Promotion Exam (50 decks)

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