Detention

Question 1

S.30 PACE

Answer 1

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,

Question 2

On arrival s36

Answer 2

Custody officer should be a sergeant or higher rank and NOT someone involved in the investigation/arrest

Rank conflicts

Question 3

S37

Answer 3

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.

Question 4

S46

Answer 4

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.

Question 5

S37

Answer 5

If there is not sufficient evidence then D may be detained for the purpose of securing or obtaining such evidence- often through questioning

Question 6

S38

Answer 6

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

Question 7

S39

Answer 7

CO must ensure detainee is treated in accordance with PACE and associated Codes

Question 8

Safeguards during detention

Answer 8

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

Question 9

Co

Answer 9

Make a record of all Ds possessions and this will necessitate a non-intimate search

Question 10

S54

Answer 10

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)

Question 11

Code C

Answer 11

Suspect should be allowed to speak to somebody on the telephone. Can be refused

Question 12

S56

Answer 12

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

Question 13

Code C

Answer 13

Being told of the right to have independent legal advice and that’s advice is available for free.

Question 14

S58

Answer 14

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

Question 15

Caution

Answer 15

Code c states suspect must be cautioned on arrest and before questioning

Question 16

Appropriate adult entitlement

Answer 16

Code c

The right to have an appropriate adult if you’re a ‘vulnerable person’
Mentally disordered and mentally handicapped persons
Children and young persons under the age of 17 (or appear so)
Blind and partially sighted people
Deaf and partially hearing persons
Persons who don’t understand English

Question 17

Consulting the codes

Answer 17

The suspect should be provided (or at least offered) a copy of the relevant PACE codes of practise to consult for themselves

Question 18

Detention of suspects ss40-44

Answer 18

The CO must make sure continued custody is justified
As a back up review officer must ensure continued detention is justified on the basis that there are RG’s necessary to secure evidence and/or a conviction
Must give the detainee and/or solicitor the opportunity to make representations records of which must be kept

Question 19

Detention clock

Answer 19

+6hours= first review by custody officer
+9 hours and every nine hours thereafter subsequent reviews by custody officers
24hours- D should be ordinarily charged or released
36 hours- when authorised by a superintendent detention may be extended to 36 hours for indictable offences
36-96 hours- further detention may be authorised by magistrates
96 hours- maximum detention time- D must be charged or released
D can be held up to 28 days under the s.23 terrorism act- authorised by the home office