Custody Flashcards

1
Q

Section 30 PACE

A

The detainee must be taken to Police Station without delay – section 30 PACE - exceptions would be;
Cause interference or harm to evidence, people, or damage to property
Or lead to alerting other people suspected of committing an offence but not yet arrested for it;
Or hinder the recovery of property obtained in consequence of the commission of an offence – conduct a search under s 18 (5) PACE
Unsafe for the detainee or officer

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2
Q

What dose Code C of Pace cover

A

Custody

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3
Q

Sources of information to access the risk

A

the detainee
the detainee’s friends or relatives
witnesses
all staff involved in the person’s arrest and detention
PNC,PNDand other local IT systems
healthcare professionals (HCPs), including GPs
legal representatives
an appropriate adult
other detainees
other relevant bodies and organisations, e.g., youth offending team.

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4
Q

Grounds for detention

A

Secure and preserve evidence
Obtain evidence through questioning.

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5
Q

When dose the custody clock start

A

At the relevant time

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6
Q

Incommunicado Grounds

A

Reasonable grounds for believing the exercise of the right will lead to
Interference with, or harm to, evidence connected with an i Indictable offence

Interference with, or
physical harm to, other people

Alerting other people suspected of 	having committed an indicatable 	offence but not yet arrested for it 

Hinder the recovery of property
obtained in consequence of the
commission of such an offence

				   	The person detained for 						an indictable offence has 						benefitted from their 							criminal conduct  
					and  
					Recovery of the value of 						the property constituting 						the that benefit will be 						hindered
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7
Q

Dental impression

A

Intimate

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8
Q

Sample of blood, semen or any other tissue fluid

A

Intimate

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9
Q

Urine

A

Intimate

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10
Q

Pubic hair

A

Intimate

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11
Q

Swab taken from any part of a persons genitals or from a persons body orifice other than the mouth

A

Intimate

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12
Q

Sample of hair, other than pubic hair, including hair plucked by the route

A

Non intimate

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13
Q

Sample taken from a nail or from under a nail

A

non intimate

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14
Q

A swab taken from a persons body other than a part from which a swab taken would be an intimate sample

A

non intimate

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14
Q

Saliva

A

non intimate

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15
Q

Skin prints other than fingers

A

non intimate

16
Q

Can you use force for a intimate sample?

A

no

17
Q

can you use force for a non intimate sample

A

yes

18
Q

When Does the relevant time start

A

If Arrested in A+S arrival at the station
If arrested outside A+S upon arrival into A+S
Entry time into England and Wales if abroad.

19
Q

Incommunicado Authorisation

A

Delay in right to have someone informed is authorised by an Inspector or above
Delay in right to consult a solicitor is authorised by a Superintendent or above

20
Q

Incommunicado Grounds

A

believing the exercise of the right will lead to Interference with, or harm to, evidence connected with an Indictable offence

physical harm to, other people Alerting other people suspected of having committed an indicatable offence but not yet arrested for it

Hinder the recovery of property