Custody Deck (Policing Act)

Question 1

s.32(2) PA2008 A constable may take the identifying particulars of a person who is in the _______ custody of the Police if that person is detained for committing an offence and is— (what 2 places?)

Answer 1

• lawful custody
• at a Police station;
• at any other place being used for Police purposes

Question 2

What does s.32 & s.33 PA2008 (Identifying particulars of person in custody) & (Identifying Particulars for Summons) enable Police to do? (3 points)

Answer 2

• obtain information
• may be used now or in future by police
• for lawful purpose

Question 3

s.32 PA2008 A constable— (a) must take the person’s identifying particulars in a manner that is __________ in the circumstances; and (b) may only use __________ _____ that may be __________ to secure the person’s identifying particulars.

Answer 3

• (a) reasonable
• (b) reasonable force
• (c) necessary

Question 4

In s.32 & s.33 PA2008 what does the terms ‘identifying particulars’ and ‘place’ refer to? (4)

Answer 4

• biographical details (name, address, DOB)
• photograph or visual image
• impressions (fingerprints, palm-prints or footprints)
• Place: includes any land, building , premises or vehicle

Question 5

S.36(1) PA2008 relates to the care and protection of intoxicated people when found in two situations.

What are they?

Answer 5

• in a public place
• while trespassing on private property

Question 6

When an intoxicated person is detained under S.36(1)PA2008, how long can they be held for?

Answer 6

• released as soon as sober
• no longer than 12 hours from first detained

(12 hours more if doctor recommends)

Question 7

Under S.36(2)PA2008, when dealing with an intoxicated person, what must the officer reasonably believe before detaining them? (3 points)

Answer 7

• -incapable of protecting self from physical harm
• -likely to cause physical harm to others
• -likely to cause physical damage to property

Question 8

S.36(3)PA2008, before a health practitioner can recommend an intoxicated person be detained for an extended person, what must they be satisfied of? (4)

Answer 8

• still intoxicated
• protecting from physical harm (self & others)
• no health needs requiring attention
• shelter or own residence not practical

Question 9

Under S.36(4)PA2008, INTOXICATED means observably affected by _______, other _____, or _________ to such a degree that S______, B_______, C___________, or B________ is clearly impaired

Answer 9

• alcohol,
• other drugs or substances
• speech, balance, co-ordination, or behaviour

Question 10

Under S.36(4)PA2008, what is a ‘Temporary Shelter’

Answer 10

A place (not police) capable of providing care and protection of intoxicated person

Question 11

Where does the power to detain a person and take them into custody under S.36PA2008 come from?

Answer 11

S.31 CA1961 “…as if the power were a power to arrest.”