Detention Flashcards
S.30 PACE
Unless D is given Street bail or has been De-Arrested then, under s.30 D should be taken to a designated holding station as soon as possible, unless their presence is required elsewhere for the purposes of the investigation,
On arrival s36
Custody officer should be a sergeant or higher rank and NOT someone involved in the investigation/arrest
Rank conflicts
S37
Custody officer must determine whether there is sufficient evidence to justify continued detention.
If on arrest there is already sufficient evidence to charge, then they must be charged and released on bail unless bail is not appropriate.
S46
If charged and held in custody(not bailed) then D must be put in front of magistrates as soon as possible and in any event, no later than the next sitting after being charged.
S37
If there is not sufficient evidence then D may be detained for the purpose of securing or obtaining such evidence- often through questioning
S38
Custody officer must open a custody record containing:
Grounds for the detention
When contact is made with legal advisers
When meals are exercised and provided
Where and when interviews take place and their duration
S39
CO must ensure detainee is treated in accordance with PACE and associated Codes
Safeguards during detention
Must inform the suspect of the reason for the detention
Must inform the suspect he has the right to inform someone of his detention
Written notice to confirm these rights must be given to the suspect
Must inform the suspect of his rights under PACE
Must tell suspect he has a right to consult the Codes of Practice
Opens a custody record and searches the suspect
Must inform the suspect he has the right to free legal advice
Must inform the suspect he has the right to an appropriate adult if under 17 or vulnerable
Co
Make a record of all Ds possessions and this will necessitate a non-intimate search
S54
CO has the power to search a detainee when they reasonably believe that the suspect has on them something which they are not entitled to keep (escape, evidence or injury)
Code C
Suspect should be allowed to speak to somebody on the telephone. Can be refused
S56
On arrival suspect is entitled to have someone informed of their arrest
This right can be detained for up to 36 hours in serious cases due to risk of alerting suspects, endangering witnesses/evidence, hindering recovery of property
Code C
Being told of the right to have independent legal advice and that’s advice is available for free.
S58
Suspect is entitled to consult with legal adviser in private and free of charge
However this can be delayed for up to 36 hours if such contact will:
Cause interference with evidence/persons
Lead to the alerting of other suspects hinder the recovery of property
R v Samuel (1988) where the delay was unjustified and Samuels conviction was quashed
