Custody Flashcards
How long can you use a non-designated police station for custody?
6 hours
Legislation to search someone when back at custody
S54 PACE
ROAST
○ Reason for arrest/necessity ○ Offence ○ Allegation ○ Summary of evidence ○ Time and place of arrest ○ Also time of arrival at police station, use of force, unsolicited comments
System for custody records
NSPIS
When is a suspect in my lawful custody
After I’ve arrested them, up until the point they’re booked into custody
When I interview them
What form is used for the full record of a taped interview?
MG15
Legislation for detention, treatment and questioning of persons by police officers
S40/Code C PACE
Suspects rights after arrest
- Have someone informed of their arrest.
- Access to free independent legal advice.
- Consult the PACE Codes of Practice.
- Interpretation and translation (foreign speaking detainees)
- Communicate with the high commission, embassy or consulate (foreign nationals).
- Be informed of offence arrested for and any further offences arrested for since their detention and why they have been arrested and detained.
Delays to the right of a suspect and who can authorise it
- Someone informed of their arrest - inspector
2. Talk to a solicitor - Superintendent
How long is the PACE clock?
Normally 24 hours, max 96
When does the PACE clock pause or stop?
Paused - taken to hospital or released on bail
Stopped - released without charge
Extending detention (how long and by who)
By 12 hours after 2nd review in custody - superintendent
Further extensions made though warrant by magistrates court - before first 36 hours elapsed and allows for another 36 hours in detention (72 total)
Further warrant for max detention of 96 hours
Reviews of suspects in custody
By inspector, independent of investigation
1st by 6 hours, 2nd by 9 after the first, 9 hour intervals after
Police protection order (max time)
72 hours
