Code C- Detainee's Property Flashcards
Q: What duty does s54 PACE give a custody officer?
S54 PACE gives the custody officer a duty to ascertain what property a person has with him when they come to the police station whether on arrest or re-detention on answer bail etc..
Q: Is the custody officer under a duty to record this?
Paragraph 4.4 of the Code and s54(2) PACE
States that it is a matter for the custody officer to determine whether a record should be made of the property a detained person has with him or had taken from him on arrest.
The custody officer is responsible for any safe keeping of any property and will have to make decisions about the amount of administrative effort involved in recording items.
Q: What are the circumstances when clothes and personal effects can be seized by the custody officer?
S54(4) PACE
Clothes and personal effects may only be seized if the custody officer-
(a) believes that the person from whom they are seized may use them-
(i) to cause physical injury to himself or any other person
(ii) to damage property
(iii) to interfere with evidence or
(iv) to assist him to escape or
(b) has reasonable grounds for believing that they may be evidence relating to an offence.
Q: What does the seizing officer need to tell the detainee?
S54(5) PACE
Where anything is seized, the person from whom it is seized shall be told the reason for the seizure
(a) violent or likely to become violent or
(b) incapable of understanding what is said to him
Q: When can a person be searched in custody?
S54(6) PACE
A person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) and to the extent that the custody officer considers necessary for that purpose.
A person may be searched to the extent considered necessary.
S54(6A) PACE
A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.
Q: Can items be seized or retained under this section?
S54(6B) PACE
A constable may seize and retain, or cause to be seized and retained, anything found on such a search.
Q: Can an intimate search be carried out under this section?
S54(7) An intimate search may not be conducted under this section.
Q: Who conducts the search in custody?
S54(8) PACE- Carried out by a constable
S54(9) Constable carrying out a search shall be of the same sex as the person searched
Q: What do you do when a drunken detainee vomits on their clothes? Are you allowed to help them out of their clothes and into a custody tracksuit?
Cheryl Pile v Chief Con Merseyside
Brought a claim against the police for trespass to the person and assault. She said she should have been left in her own vomit. She also alleged it interfered with her A8 right to privacy (ECHR).
Appeal was dismissed- judge commented that she had brought the situation on herself, and the officers acted lawfully in good faith to ensure she was well cared for. It was justified that 4 female officers removed her outer clothing and provided her with a clean dry outfit to wear, due to her aggressive behaviour.
Their actions were reasonable and necessary to ensure her safety in custody
