Detention Flashcards

1
Q

What is one of the most important safeguards under PACE?

A

The role of the custody officer

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2
Q

What does the custody officer ensure?

A

That the suspect is treated properly while detained

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3
Q

What is a custody record?

A

A detailed record of everything that happens to that individual while they are in custody

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4
Q

What occurs during the ‘booking in’ stage?

A
  1. the custody record is opened

2. risk assessment is carried out

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5
Q

What is a risk assessment

A

Checks their mental and physical health, determines whether they need an appropriate adult or medication etc.

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6
Q

List 5 rights of a detained person

A
  1. right of intimation
  2. right to silence
  3. right to legal representation
  4. right to consult the codes of practice
  5. right to an appropriate adult (if necessary)
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7
Q

Where is the statutory right to a solicitor contained?

A

S58 PACE

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8
Q

Where is the statutory right of intimation contained?

A

S56 PACE

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9
Q

Which code of practice says a risk assessment should be carried out?

A

Code C 3.6-3.10

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10
Q

What does Health Care Code C para 9 say?

A

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

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11
Q

Where are other entitlements of the individual set out?

A

Code C paras 5 and 8

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12
Q

What are 4 of the entitlements in Code C?

A

A clean, well-lit and ventilated cell
bedding
toilet visits at the custody officers discretion
adequate replacement clothing

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13
Q

What is the detention time limit for a summary offence?

A

A maximum of 24 hours

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14
Q

What is the detention time limit for an either way or indictable offence?

A

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.

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15
Q

What are police not allowed to dissuade D from doing?

A

Contacting a solicitor

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16
Q

When must police remind D of their right to a solicitor?

A

when detained, prior to interview, ID procedure etc.

17
Q

What happens if D changes his mind in respect to seeing a solicitor?

A

The Custody Officer must ask for a reason and put this in the custody record.

18
Q

If requested, when should a solicitor be contacted?

A

As soon as it is practicable to do so.

19
Q

How can the individual receive legal advice?

A

Either on the phone or in person

20
Q

What does PACE code C Note 6D set out?

A

The role of the solicitor

21
Q

What is the role of the solicitor?

A

To protect and advance the legal rights of his clients