Detention Flashcards

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1
Q

What is the standard limit for detention

A

24 hours - when they must be charged, arrested, or let free

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2
Q

What are the time extensions of detention and their sections

A

S. 41 PACE - 36 hours is allowed if authorised by a higher officer.
S. 44 PACE - 96 hours is allowed if a warrant is received from a Magistrates Court.

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3
Q

When must the custody officer review whether detention is still necessary

A

S. 40 PACE - After the first 6 hours and every 9 hours thereafter

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4
Q

What are the conditions of detention

A

Right to rest, food, exercise. Cell kept clean, ventilated, lit, heated. Right to see a doctor asap if unwell. 8 hours of continuous rest for every 24 hours of detention.

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5
Q

What happened in R v Aspinall

A

Aspinall was schizophrenic and was not given an appropriate adult, he then confessed to his actions, however this was inadmissible in court because of the absence of an appropriate adult.

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