Detention Flashcards
What is one of the most important safeguards under PACE?
The role of the custody officer
What does the custody officer ensure?
That the suspect is treated properly while detained
What is a custody record?
A detailed record of everything that happens to that individual while they are in custody
What occurs during the ‘booking in’ stage?
- the custody record is opened
2. risk assessment is carried out
What is a risk assessment
Checks their mental and physical health, determines whether they need an appropriate adult or medication etc.
List 5 rights of a detained person
- right of intimation
- right to silence
- right to legal representation
- right to consult the codes of practice
- right to an appropriate adult (if necessary)
Where is the statutory right to a solicitor contained?
S58 PACE
Where is the statutory right of intimation contained?
S56 PACE
Which code of practice says a risk assessment should be carried out?
Code C 3.6-3.10
What does Health Care Code C para 9 say?
Says if the Risk Assessment indicates a problem they may:
prescribe specific drugs
provide treatment
record injuries
recommend transfer to hospital
advise how long before the detained person will be fit for interview
Where are other entitlements of the individual set out?
Code C paras 5 and 8
What are 4 of the entitlements in Code C?
A clean, well-lit and ventilated cell
bedding
toilet visits at the custody officers discretion
adequate replacement clothing
What is the detention time limit for a summary offence?
A maximum of 24 hours
What is the detention time limit for an either way or indictable offence?
Initially 24 hours, an extension of 36 hours can be authorised by the superintendent. this can be extended to 72 hours by the magistrates, and finally to 96 hours by the magistrates.
What are police not allowed to dissuade D from doing?
Contacting a solicitor