Custody (inc. Bail)

Question 1

What is Code C Police and Criminal Evidence Act 1984?

Answer 1

Rule book relating to the detention, treatment and questioning of persons by police officers

Question 2

On arrival to custody every detainee should be…

Answer 2

• Brought into the custody area
• Supervised by the officer in either a holding cell or another suitable and safe area
• Constantly monitored

Question 3

When does the PACE clock start?

Answer 3

The moment they enter police premises

Question 4

What must you tell the custody officer upon presenting your detainee?

Answer 4

ROAST

• Reason for arrest
• Offence
• Allegation
• Summary of evidence
• Time and place of arrest

Question 5

What is an NSPIS record?

Answer 5

A running log of actions and decisions made by the custody officer in respect of the continuing duty of care of the detainee whilst in custody.

Question 6

What rights can be delayed under certain circumstance?

Answer 6

The right to:

• Have someone informed of their arrest
• Talk in private with a solicitor (right to legal advice)

Question 7

Under what circumstances can certain rights be delayed?

Answer 7

• If arrested for an indictable offence
• Has not yet been charged

Must be authorised by officer of superintendent level or above (for both) or inspector (for indictable offence only)

Question 8

What section of legislation involves the power to search a detainee in custody?

Answer 8

Section 54 Police and Criminal Evidence Act 1984

Codes of Practice C4

Question 9

What are the three types of search that can be conducted at a police station?

Answer 9

• Non-intimate
• Intimate
• Strip search

Question 10

Who can carry out a Section 54 PACE custody search?

Answer 10

The arresting officer, if authorised by the custody officer and with the assistance of a designated detention officer

Question 11

How long can a person be detained in custody?

Answer 11

24 hours

Question 12

When can the PACE clock be stopped?

Answer 12

• If a detainee is taken to hospital and not questioned
• At the point of bail

The clock restarts on the return of the detainee

Question 13

Detention beyond 24 hours must be….

Answer 13

• Justified
• Necessary
• To secure or preserve evidence or to obtain such evidence by questioning
• For an indictable offence

And that the investigation is being conducted diligently and expeditiously