Detention and Questioning

Question 1

Code C

Answer 1

Detention, treatment and questioning of persons by police

Question 2

s.56 PACE 1984

Answer 2

Right to have someone informed of detention, if indictable- police inspector can delay this up to 36 hours

Question 3

s.58 PACE 1984

Answer 3

Right to a solicitor- R v Samuel

Question 4

Time limits

Answer 4

24hrs initially, up to 36 if authorised by senior officer and indictable offence
Review at 6 hrs, then every 9 hrs
After 36hrs must be approved by a Magistrates
Max detention is 96hrs after this they must be charged or released

Question 5

Police interviews (2)

Answer 5

s.60 must be tape-recorded, the room must be well lit, heated and ventilated
Must be given adequate breaks, meals and sleep

Question 6

R v Aspinall

Answer 6

Under 16s or mentally handicapped must have an appropriate adult

Question 7

R v Halliwell

Answer 7

At a pre-trial hearing, the earlier confession was not allowed as evidence because the rules of PACE were disregarded by interviewing him outside and not in the station

Question 8

s.55 Intimate search+sample (3)

Answer 8

Defined by Criminal Justice and Public Order Act as a sample of blood, urine, pubic hair or a swab taken from anywhere other than the mouth
Must be carried out by a nurse or registered practicioner

Question 9

Strip search

Answer 9

Only if it is believed D is concealing a prohibited article

Question 10

Non-intimate sample (2)

Answer 10

No consent needed and reasonable force may be used, hair and saliva