Detention A01 Flashcards
s.56 PACE
right to have somebody informed of the detention
Code C and s.58 of PACE
must be told and able to consult a duty solicitor
Time limits for detention
Charged or released within:
24 hours → summary offences
36 hours → indictable offences (when approved by a senior officer)
96 hours → if authorised by a magistrate
s.5(3) (case)
brought promptly before a judge - 4 days max (Mckay v UK)
s.5(4)
detention must be decided speedily - 3 months not speedy (Noorkoiv)
R v Samuel
right to a duty solicitor
entitled to release pending
trial or conditional bail → s.3 bail act
s.4 bail act
presumption of bail
entitled to a trial within
a reasonable time
access to a solicitor can be delayed up to
36 hours for indictable offences
right to have somebody informed of their detention
can be delayed up to 36 hours for indictable offences
Code C says defendant is entitled to ___________ during interview
- defendant has to be cautioned again
- appropriate adult available (if mentally challenged or a child)
- adequate breaks
- interview recorded
- room should be lit, ventilated, heated etc
Custody officer - review
duty to release the suspect if there are no grounds to continue the detention
Custody Officer - records
keep a record of times and events, to ensure time limit for detention have not been exceeded
Review for detention in prison
reviewed by the parole board - decide if person convicted of a indeterminate sentence is eligible for release
Review of detention of people of unsound mind
will be reviewed by a mental health review tribunal
Review of any detention
can be reviewed by a judicial body who has the power to order release if appropriate
