Detention Flashcards
What section does the right to have someone informed of the arrest?
S56 PACE 1984
As soon as practicable
CODE C- person is allowed one phone call of reasonable length
If the person is under 17- police must contact someone with parental authority
Contact can be delayed for up to 36 hours- can be delayed if informing that person might lead to harm to people or evidence
What does S76 state?
Confessions may be inadmissible if they’ve been obtained through oppression
What section deals with the right to legal advice?
S58 PACE 1984
Can be with a private or duty solicitor
Code C requires custody officer to record on custody log whether the accused wants legal advice
Can be delayed for 36 hours
What comes under the code of practice C?
Adequate breaks for meals Lit and ventilated rooms Clean heated cells Access to washing facilities Refreshments 8 hours sleep in 24 hours Medical attention where necessary Custody officer must keep records of interviews, and visits of police officers
What are the time limits?
For most offences police can hold the accused for 24 hours
Can be detained for 36 hours, with senior officer authorisation
Or 96 hours with magistrates warrant
Terrorist may be detained for longer
Reviews by the custody officer
Detention of a person must be reviewed after 6 hours then 9 hours after that
Custody officer is responsible for this
Interviews
The suspect has the right to have a solicitor present
S60- all interviews at a police station must be recorded
Suspect can’t be interviews for more than 2 hours at a time
Under 17’s just have appropriate adult present
The right to silence
CJPOA 1994-
Under Code C suspect must be cautioned as soon as the constable has ground they have committed an offence
Further caution must be given before the arrested person is interviewed and every time the interview is interrupted
Initial search at a police station
S54 PACE 1984
Police may search at the police station usually confined to emptying pockets to remove dangerous or prohibited items
Strip search S54
Removal or more than putter clothing
No member of opposite sex present
No automatic right to search
Only allowed of reasonable suspicion that items are canceled which are not permitted in detention
All clothing can’t be removed at the same time
Intimate searches S5
Authorised by high ranking officer
Only if person has weapons which could cause injury or class A drugs
Includes search of orifices other than the mouth
If for drugs medical person must conduct search
Non intimate samples
Under body samples S62&63 No consent needed- Saliva Mouth swab Hair Finger prints
Intimate samples
Under body searches S62&63 Need consent- Blood Semen Tissue fluid Urine Pubic hair Dental impressions Swab taken from genitals or from orifices other than the mouth
Fingerprints S61 & Code D
Reasonable force can be used if the person doesn’t consent
AO2 of arrest
Right to silence is eroded
DNA fingerprints are kept even if they are not charged
S76 PACE 1984- statements obtained by oppression are inadmissible
Code C requires detention I’m good clean conditions and regular review
Custody log ensures safety
Strict rules apply to strip search
Intimate searches require permission of high ranking officer
IPCC exists for complaints against officer
