Detention Flashcards
What will the custody officer need to determine when a suspect has been arrested and brought to the police station?
The custody officer needs to decide whether to release the suspect, release on bail, or detain to gather evidence to charge on reasonable grounds.
What steps must the custody officer take if they decide to detain the suspect?
- Authorise detention of suspect.
- Open a custody record which contains a written record of time of arrest, arrival at police station, time of detention, grounds for set, suspects charge, suspects details.
- Inform detainee of reason for arrest.
- Inform detainee of the reason for their detention.
- Advise detainee of their rights.
- Arrange detainee to be searched.
When and from how long can the right not to be held incommunicado be delayed?
All the grounds for delay must apply and delay cannot be for more than 36 hours from the relevant time (time of arrival at police station if arrested and then brought to station or time of arrest if attendance was voluntary and then they were arrested at police station).
What are the grounds for delay in the right not to be held incommunicado?
Indictable offence - suspect must be in detention for an offence that can be tried at CC.
Rank of inspector - authority to grant delay can only be given by someone of at least the rank of inspector.
Reasonable grounds - inspector must have reasonable grounds that they exercise of the right will lead to any of:
- interference with/harm to evidence connected with an indictable offence.
- interference/harm to other people.
- alerting of other people suspected of committing an indictable offence but not yet arrested for it; or
- hinder the recovery of property.
When can the right to consult privately with a solicitor be delayed and for how long?
When all the grounds for delay apply and the delay cannot be for more than 36 hours from the relevant time.
What are the grounds for delaying the right to consult privately with a solicitor?
- Client must be arrested for an indictable offence.
- Superintendent at least only can authorise delay.
- Superintendent has reasonable grounds to believe the exercise of the right will led to any of the following:
- interference with/harm to evidence connected with an indictable offence.
- interference/harm to other people.
- alerting of other people suspected of committing an indictable offence but not yet arrested for it.
Hinder the recovery of property.
Awaiting their rival would cause an unreasonable delay to the investigation.
What are rules on the review of a client’s detention by police?
Client’s detention must be reviewed by the review officer.
Review office is an officer of the same rank as inspector and not involved in the case.
Review must take place no more than 6 hours after custody officer first authorised the detention, then periodically every 9 hours after first review.
At every review of detention, what rights must the client be reminded of?
Client must be reminded of their rights to:
Free legal advice.
Make representation to the police.
What is the detention clock?
Detention clock is the time limit that the police can keep a suspect detained without charge - up to 24hra, beyond 24 hrs etc.
What if the police want to detain the suspect at the police station for more than 24 hours after arrival at the police station?
Police can only extend for another 12 hours ( total of 36) from time of arrival at police station.
What are the requirements for the police to extend the detention period to 36 hours?
Extension must be exercised before expiry of the first 24 hours.
Must be an indictable offence.
A superintendent must authorise.
Grounds for detention must still exist.
The continuing investigation must be conducted by police expeditiously and diligently.
What if the police want to extend detention beyond 36 hours from arrival at police station?
Police can make an application to the Magistrates’ Court to extend detention for another 36 hours on top of the 36 hours the suspect has already been there.
For the Magistrates’ Court to issue a warrant authorising further detention, what conditions must be met?
Must be exercised before expiry of the first 36 hours.
Be an indictable offence.
Warrant be authorised by a superintendent.
Grounds for detention must still exist.
Continuing investigation must be conducted by police expeditiously and diligently.
What if the police want to extend the suspect’s detention period beyond 72 hours from arrival at police station?
Police must make another application to the magistrates’ court for another. 24 hours extension, up to maximum. 96 hours from time of arrival at police station.
