Detention Flashcards
What must a police officer show when detaining a suspect without charge?
- Legal authority to exercise the power
- That the power was exercised lawfully
What is a useful mnemonic for assessing police powers of detention?
PACE:
* P: Identify the Power
* A: What is the legal authority granting the power?
* C: What criteria need to be met, and how are they met on the facts?
* E: How should the power be exercised, and has it been exercised correctly on the facts?
What must happen after an arrest?
- The suspect must be taken to the police station as soon as practicable
- Exceptions include:
o Being searched
o Being taken to premises being searched
o Being taken to check their alibi
Can an arrested person be taken to any police station?
- Yes, but if held for more than 6 hours, they must be taken to a designated police station
Can an arrested person be granted bail instead of being taken to the station?
- Yes, they can be granted bail to attend at a later date, possibly with conditions
What happens when a detainee arrives at the police station?
- The custody officer authorises continued detention
- The detainee is informed of their rights
- Non-intimate samples may be taken
- A healthcare professional may be consulted if necessary
- The detainee may request to speak with a solicitor
What happens after the police interview a detainee?
The detainee may be:
* Released under investigation or on police bail
* Charged and released on police bail to appear at magistrates’ court
* Charged and remanded in police custody to appear in court the next day
What is the role of the custody officer? Who can be a custody officer?
- Responsible for the welfare of suspects
- Must be at least the rank of sergeant
- Must not be involved in the investigation of the offence
What must the custody officer do upon a detainee’s arrival?
- Be informed of the reason for the arrest
- Decide whether to authorise detention
- Order the release of the detainee if grounds for detention no longer exist
On what grounds can a person be detained?
- To secure or preserve evidence
- To obtain evidence by questioning
What must the custody officer do if detention is authorised?
- Inform the detainee of the reason for arrest
- Inform the detainee of the reason for detention
- Advise the detainee of their rights
What are additional duties of the custody officer?
- Conduct a risk assessment for each detainee
- Make special arrangements if necessary
- Arrange for an interpreter if needed
- Handle detainee’s property
- Contact healthcare professionals if required
What happens if there are procedural flaws in detention?
- Procedural flaws may result in the exclusion of evidence at trial
What must be recorded in the custody record?
- Reason for arrest
- Circumstances of the arrest
- Why the arrest was necessary
- Any comments made by the arrested person
What should a solicitor do before speaking with a detainee?
- Read the custody record
Who conducts reviews of detention? What rank?
- A review officer of at least the rank of inspector, who is not connected with the investigation
When must detention be reviewed?
- First review: No more than 6 hours after detention
- After that: Every 9 hours
What happens at the time of a detention review?
- The detained person must be reminded of their right to free legal advice
- They must be given the opportunity to make representations unless unfit
What is the maximum period a person can be detained before being charged?
- 24 hours
When does the detention clock start?
- From the moment the suspect arrives at the police station, not when detention is authorised
What must happen before 24 hours expires?
- The suspect must either be charged or released
Can detention be extended beyond 24 hours by the police?
- Yes, under Section 42 PACE:
o An additional 12 hours (total of 36 hours) can be authorised
o The decision must be made before the 24-hour period expires but after the second review
o The suspect and solicitor must be allowed to make representations
Who can authorise an extension of detention beyond 24 hours?
- A police officer of at least the rank of superintendent
What are the grounds for extending detention to 36 hours? Can this be for any offence?
- To preserve or gather evidence
- The offence must be indictable
- The investigation must be conducted diligently and expeditiously
How can detention be extended beyond 36 hours?
- By obtaining a warrant from the Magistrates’ Court
How long can a suspect be detained with a Magistrates’ Court warrant?
- First application: Up to an additional 36 hours
- Second application: A further 36 hours
What conditions must be met for a Magistrates’ Court to extend detention?
- There must be reasonable grounds to believe detention is necessary to secure, preserve, or obtain evidence
- The offence must be indictable
- The investigation must be conducted diligently and expeditiously
What are the key time limits for detention?
- 24 hours: Default maximum detention period
- 36 hours: Can be authorised by a superintendent for indictable offences
- 96 hours: Maximum extension by Magistrates’ Court in two applications
