Detention and Custody

Question 1

What is section 30 of PACE?

Answer 1

Detainee must be taken to a Police station without delay.

Question 2

What are some exceptions in section 30 of PACE?

Answer 2

• cause interference or harm to evidence
• lead to alerting others that may not have been arrested for the offence yet
• need to wait for a van as it is unsafe

Question 3

What are three most important rules about transporting a detainee?

Answer 3

• detainee never sits behind the driver
• never transport a detainee on own
• if detainee is violent, wait for a van

Question 4

What are the 2 reasons a custody sergeant authorises detention?

Answer 4

• secure and preserve evidence relating to offence
• secure evidence by questioning

Question 5

What 3 things does the detainee have a right to?

Answer 5

• speak to an independent solicter
• right to have someone informed they are in custody
• have a right to have a look at he codes of practise

Question 6

What is the initial time someone is in custody?

Answer 6

24 hours

Question 7

If arrested for a summary offence, what is the maximum amount of time they can spend in custody?

Answer 7

24 hours

Question 8

What authority do you need to extend custody time, how many hours and what offence does it have to be?

Answer 8

Superintendent authority
36 hours
indictable offence

Question 9

What authority do you have to get for it to be extended past 36 hours?

Answer 9

A magistrates court can extend for 96 hours - absolute maximum

Question 10

When does the custody clock start if person is arrested in the ASC area?

Answer 10

Arrival time at the Police station

Question 11

When does the custody clock start if person is not arrested in the ASC area?

Answer 11

24 hours AFTER:
- arrest time if not interviewed
- leave time if interviewed by another force (if forces have spoke, custody clock starts)
- entry time into England or Wales following arrest in another country - cannot interview in Scotland as they do not use PACE

Question 12

What are some reasons to extend the custody clock?

Answer 12

Preserve evidence or obtain evidence by questioning.

Question 13

What is meant by review times in custody?

Answer 13

First review is no later than 6 hours after detention authorised. Subsequent reviews no later than 9 hours after previous

Question 14

Are the custody and review clocks at the same time?

Answer 14

No

Question 15

If there is a further arrest in custody, does this extend the custody clock?

Answer 15

No

Question 16

What is meant by incommunicado?

Answer 16

the delay in giving the right to inform the person is in custody.
To protect interference with evidence e.g. loosing stolen property. Has to be approved by the Inspector