Detention Flashcards
Where are the powers of detention contained and what must the custody officer do
Contained in pace 1984 sublime red by cop c. When anyone is brought to the station they must be brought to the custody officer asap
The custody officer must make a record of the events containing
Arrival time
Reason
Reviews
Visits made
What is the detention one for a tew or summary offence
24 hours must then be charged and bailed or released
Time of detention for indictable offence
Max 36 hours if authorised by senior officer to detain longer must ev authorised by magistrates for a max of 96
What about terrorism offences
Can be held for 14 days if authorised by district judge in magistrates
When must reviews be made
Custody officer must make reviews for the first time no longer than 6 hours after arrival then no more than 9 hours after. If the officer feels there is no reason for the detention they can be released
Right to have someone informed
S.56 pace 1984
Do so asap but can be delayed for 36 hrs can be delayed if they feel it will harm the investigation or damage evidence.
Right to legal advice
S.58 pace 1984
Have free legal advice can be delayed for 36 hrs only for indictable offences
Other rights
Non tainted in cop c cells and interview rooms must be well heated ventilated light and clean. One main mean 2 light meals in 24 hrs must have 8 hrs continues rest
Interview
Cop c all must be recorded on tape. Refreshments every 2 hours if needed. Have the right to solicitor during interview.
Vulnerable people in interviews
Cop c if under 17 or vulnerable must have appropriate adult. Case : r v aspinal 1999!
What act allows the right to silence
Capo act 1995
Non intimate samples
Finger prints hair saliva from mouth
No consent needed
Taken by police
Reasonable force can be used
Intimate samples
Blood urine tissue fluid semen dental impression
Consent needed
Taken by doctor m/ nurse
Consent is needed !!!!
