Detention Flashcards
What does a police officer need to demonstrate when using a PACE power?
- They have the legal authority to exercise the power
- the police officer exercised the power lawfully
PACE
P: power?
A: authority?
C: criteria?
E: exercised?
How soon must someone be taken to the police station after arrest?
As soon as practicable.
Exceptions to going straight to the police station
Exception is where the suspect’s presence at a place other than the police station is necessary - includes:
- being searched
- being taken to premises being searched; or
- being taken to a place to check their alibi
Do suspect’s need to go to specific police station?
The person can be taken to any police station - unless it is anticipated they will detained for more than 6 hours the person must be taken to a designated police station.
What is ‘street bail’?
Where the person arrested is granted bail to attend the station at a later date.
Procedure at the police station
- Detainee will see the custody officer who must authorise continued detention
- Detainee will be informed of their rights
- Detainee will have non-intimate samples taken
- Detainee may see an appropriate healthcare professional
- Detainee can speak to a solicitor
- Detainee may be interviewed
- After interview: released under investigation or under police bail, charges and released on police bail to appear at the magistrates’ court; or charged and remanded into police custody
When should the arrested person be presented to the custody officer?
Should be presented as soon as possible.
What is the custody officer responsible for?
- the handling and welfare of suspects in detention at the police station
- Must be at least the rank of sergeant
- Must be unrelated to the process of the investigation of the offence
Who authorises detention?
Someone can only be detained at the police station the authority of the custody officer and may only be released on the custody officer’s authority
Reasons for detaining someone
The custody officer must open a custody record and determine whether or not there is sufficient evidence to proceed to charge the detainee.
If not then the arrested person must be released unless there are reasonable grounds for believing that detention is necessary to:
- secure or preserve evidence
- obtain such evidence by questioning
What will the custody officer do if there are grounds to detain?
- Authorise the detention of the suspect
- Inform the detainee of the reason for their arrest
- Inform the detainee of the reason for their detention
- Advise the detainee of their rights
Additional welfare duties of the custody officer
- Conducting a risk assessment procedure for each detainee
- Making special arrangements if necessary for detainees who may be physically or mentally incapacitated
- Arranging for interpreters to be present if appropriate
- dealing with the detainee’s property
- contacting healthcare professionals
Responsible for ensuring the detained person is treated in accordance with the provisions of the Codes of Practice.
When does a custody record need to be opened?
Must be opened as soon as practicable for each detainee.
What is recorded in the custody record?
All information the needs to be recorded (specified in COP C) must be recorded on the custody record. Should pretty much contain a record of everything that has happened to, been said to or by the detainee.
Basic information which needs to be recorded must include:
- requirement to inform the person of the reason for their arrest
- circumstances of the arrest
- why the arrest was necessary; and
- Any comments made by the arrested person
Can a solicitor see the custody record?
A solicitor has the right to consult their client’s custody record as soon as practicable after arrival at the police station and at any time their client is still detained.
Note: solicitor can include someone on the LAA list that isn’t actually a solicitor
What is a detention review?
A review of the detention - the review officer must be satisfied that the detention is still necessary and consider whether the grounds for the detention still exist.
Who is a review officer?
Must be an officer with the rank of at least inspector who is not connected with the investigation and is not the custody officer.
When do detention reviews take place?
Not more than 6 hours after the detention was first authorise and then periodically every 9 hours.
At the time each review the detainee should be reminded of their right to legal advice.
Detention time limits
s 41 PACE: the maximum period that a suspect can be kept in custody before being charged is 24 hours from the relevant time.
Before the 24 hours the suspect must either be charged or released.
Relevant time: the moment the suspects arrives at the police station (different from when detention is authorised)
Power to extend detention
Can be extended from 24 to 36 hours from relevant time.
To extend:
- must be superintendent
- reasonable grounds for believing detention is necessary to secure or preserve evidence or obtain evidence by questioning
- offence is an indictable offence
- investigation must be being conducted diligently and expeditiously
Power to detain beyond 36 hours
To detain beyond 36 hours must apply to the Magistrates court fro a warrant of further detention under ss 43 and 44 PACE.
May authorise for a further 36 hours on first application and 36 hours on a second application.
This means there is a maximum of 96 hours for detention.
Grounds:
- MC is satisfied reasonable grounds for believing detention is necessary to secure or preserve evidence or obtain evidence by questioning
- offence is an indictable offence
- investigation must be being conducted diligently and expeditiously
What is the status of the rules of conduct on police powers in criminal courts?
Subject to relevance, the PACE Codes of Practice are admissible in evidence in criminal or civil proceedings.
