Detention Flashcards
What is the custody officer responsible for?
the person detained at the police station
What is the custody log?
a written report of every time the detainee is brought out of the cell
What are the three rights of a detainee?
- to have someone informed of the arrest (s56 PACE 1984)
- The right to legal advice s58 PACE 1984
- To consult code of practice C
When should someone be informed of the arrest?
As soon as practicable after the arrest
Who is the legal advice
May be with a private or a duty solicitor (available free of charge)
What does Code C require?
The custody officer to record on the custody record whether the accused wants legal advice
What happened in the case of R v Samuel 1988?
Refused access to a solicitor
What happened in the case of R v Grant 2005?
Deliberate interference by the police with the detained suspects right to confidence of privileged communication with his solicitor
What does Code C require?
Adequate breaks for meals, lit and ventilated rooms, clean heated cells, access to washing facilities, refreshments.
- 8 hours sleep in any 24 hours
- Medical attention where necessary
- The custody officer must keep records of interviews and visits of police officers to D’s cell
For most offences, how long may police hold the accused?
24 hours. They must then be charged or released
A suspect may be detained for 36 hours without charge but needs what?
Authorisation from senior officer (superintendent)
How long may a suspect be detained for with a Magistrates warrant?
96 hours
What is the exception and who’s approval does it need?
Terrorist suspects may be detained for longer with the home secretary’s approval
What should happen after 6 hours hours at the police station and then at intervals of 9 hours?
Reviews by the custody officer
