Detention

Question 1

Which section of PACE sets out the procedure for detention following an arrest

Answer 1

S 30 requires that the arrested citizen is taken to a designated police station as soon as is practical

Question 2

In which case was it held that an officer must release a detainee en route to the police station if the grounds cease to exist

Answer 2

Dallason v Caffery

Question 3

In which case was t held than where an arrest is made by a citizen, reasonable time is allowed to decide for about an hour before the police arrived

Answer 3

Join Lewis Ltd v Tims

Question 4

At the police station what does the arrested person have the right to do

Answer 4

inform someone of their arrest, seek legal advice, and examine and read the codes of practice

Question 5

Which S of PACE slows for a maximum detention of 24 hours in custody without charge. Release is then required unless the offence is classed as a serious offence, in which the time limit is 36 hours, the magistrates may then extend this time limit to 72 and 96 hours

Answer 5

S 40-44

Question 6

What does S 46 provide

Answer 6

• requires that, if a detainee is charged, the grounds of a charge are reviewed after 6 hours then every 9 hours. The detainee must appear in the magistrates’ court within 2 days of the charge.

Question 7

What does the Terrorism Act provide for regarding the detention of suspected terrorists

Answer 7

allowed for 48 hours of detention with the permission of the superintendent, with an extension up to 7 days with the permission of a judge.

Question 8

The extension was put up to 14 and then 28 days following 9/11 and the London Bombings, which Act put the limit back to 14 days

Answer 8

Protection of Freedoms Act 2012

Question 9

In which case was C grounds for charge were reviewed after 8 hours, not 6 therefore, a claim for false imprisonment for then 2 hours was successful

Answer 9

Roberts v CC of Cheshire Police

Question 10

What does code C provide for

Answer 10

requires that is custody cells are heated, ventilated, lit and have clean bedding

Question 11

how many meals are to be provided in each 24 hour period of detention

Answer 11

2

Question 12

how often should detained by inspected

Answer 12

every hour, unless under the influence of alcohol or drugs, were inspections should be carried out every half-hour.

Question 13

Which S provides the right to a consult a solicitor

Answer 13

S 58(1)

Question 14

Which section provides the right to notifications

Answer 14

S 56(1)

Question 15

what does S 56(2) say

Answer 15

notification may be delayed for unto 36 hours by an inspector if the offence is indictable and there are grounds for delay

Question 16

What does s 56(5) provide

Answer 16

grounds for delay (a) interference with evidence and (b) alert other suspects and (c) hinderance of property recovery

Question 17

How long may the delay in 56(5) be permitted

Answer 17

36 hours

Question 18

In which case was it ruled that a solicitor may be nominated unless there is factual evidence that the solicitor is corrupt, or would be tricked by the detainee into tipping off suspects. That solicitor may accompany the detainee in questioning.

Answer 18

Samuel

Question 19

Prior to PACE, confessions were obtained through inappropriate methods what has been put in place to stop this

Answer 19

S 76 PACE has attempted to provide a safeguard

Question 20

In which case was using mind games (telling the detainee that her husband had bee having an affair) classed as oppressive behaviour

Answer 20

Fulling

Question 21

IN which case was asking the detainee the same question 300 times classed to be oppressive

Answer 21

R v Paris, abdullahi and Miller

Question 22

Which Act has limited the detainee’s right to silence in S34-39, allowing an inference from silent to be drawn in trial

Answer 22

The criminal justice and public order act

Question 23

Which S of PACE gives the court a discretion to exclude evidence if that evidence would make proceedings unfair

Answer 23

S 78(1)

Question 24

What happened in the case of Sang

Answer 24

held that generally, evidence will not be excluded. In In was said that the courts were concerned about the method that evidence was obtained, only that it was connect to the case. This has since been rejected.

Question 25

Which case held that where evidence which had been fabricated by the police was excluded. The officer told the detainee, falsely, that he had found forensic evidence linking him to the crime, which led to a confession from Mason.

Answer 25

Mason

Question 26

What happened in Christou v Wright

Answer 26

evidence obtained by a fake jewellery store which the police had set up and manned was not excluded. It was held that in criminal investigations the ‘police adopt ruses or tricks in the public interest to obtain evidence” and this is not unlawful.

Question 27

In which case was it held not to be oppressive when hidden recording equipment was put in a cell with two suspects after they had exercised their right to remain silent

Answer 27

Bailey