Detention and Treatment of Persons Flashcards
CONSENT PROVISIONS UNDER THE PACE 1984 CODES OF PRACTICE
There are numerous powers within the PACE 1984 Codes Of Practice that require the consent to be provided before they can be utilised.
Please note that the revised Codes of Practice has altered the age of a juvenile to under 18 - i.e. an adult is now aged 18 or over.
Adults aged 18 or over - the suspect
Turned 14 but still under 18 - both the suspect and their parent or guardian
Under 14 - parent or guardian only
Designated
Support Staff
Sections 38 & 39
Police Reform Act 2002
Roles?
Investigating Officer
Detention Officer
Escort Officer
Criteria For Designation?
The Chief Officer of Police must be satisfied:
- suitable person to carry out the designated role in question
- capable of carrying out the designated role in question.
- received adequate training to perform the designated role in question.
Powers?
Only those roles as
specified in their
designation.
Can Force Be Used?
Yes
ROLES THAT MAY BE PERFORMED BY DESIGNATED STAFF
- Investigating officer;
- Detention officer; and
- Escort officer.
LEARNING POINT
The member of staff will not necessarily have been designated the full range of powers – and they will only be designated to perform those roles as specified in their designated role.
INVESTIGATING OFFICER
POWERS
A designated investigating officer will have the power to:
- Supervise the seizure / photographing of relevant material;
- Have responsibility transferred from the Custody Officer for the detainee whilst in custody for interview etc.; and
- To caution and interview detainees.
DETENTION OFFICER
POWERS
A designated detention officer will have the power to exercise:
- Search of person powers;
- Seizure powers;
- Fingerprint powers;
- Sample powers; and
- Photograph powers.
ESCORT OFFICER
POWERS
A designated escort officer will have the power to:
- Take persons to a police station ASAP following arrest;
- Escort detainees between police stations;
- Exercise non intimate search powers; and
- Exercise seizure powers.
Designation
Of Police
Stations
Section 35 PACE 1984
Definition?
Station designated
by the Chief Officer of
Police within a force.
How Many Police Stations
Should Be Designated?
Sufficient
police stations to deal
with prisoners.
Duration?
Permanently
Specified period
Part of a day
Which Type Of Station Do You Take A Person Arrested To?
Designated
6+ hours
Non Designated
-6 hours
role of Custody Officers
Role?
Act independently.
Ensure the protection of the
detainee’s:
*Welfare; and
*Rights.
Prohibited?
Ask the detainee any questions
in relation to their suspected
involvement in the offence.
Make any comments that cast
doubt on their impartiality.
Make any value judgments.
Custody Officer In A
Designated Police
Station
Section PACE 1984
How Many?
The Chief Constable for each force:
Must
Appoint 1 Custody
Officer for each
designated police station.
May
Appoint further
Custody Officers for
each designated police
station.
…and there is no requirement
that there be sufficient
appointed Custody
Officers to ensure that the
functions of Custody Officer
are always performed by
an appointed individual.
Vince v Chief Constable of
Dorset
Who?
The one (1) or more
appointed Custody Officers:
Must be at least
the rank of
Sergeant
…and must not be
involved in the
investigation.
Sergeant Not Available?
If a Sergeant is not readily
available:
An officer of
any rank…
…who is not
involved in the
investigation.
Custody Officer In
A Non-Designated
Police Station
Section 36(7) PACE 1984
Who?
The role of Custody Officer may be
performed by:
An officer of Any ….who is not be
rank…
involved in the
investigation.
Last Resort?
If there are no officers who are unconnected
to the investigation available:
The arresting officer
Any other officer
involved in the investigation
Any officer who granted
suspect street
bail
Action?
Must inform an
Inspector or
above
at a Designated
Police Station
Definition Of A Detainee?
Factor 1
They have either been:
- Taken to a police station
under arrest; or
- Arrested at a police
station after having initially
attended the station
voluntarily.
Factor 2
…and they are
detained
there under
the charge
of a
constable.
Dealing With Detainees?
Factor 1
Be dealt with expeditiously
Factor 2
Be released as soon as the need for detention no longer applies
Bringing The Suspect Before The
Custody Officer?
When a person is bought to a police
station.
*Under arrest;
*Voluntarily but is subsequently
arrested; or
*To answer bail;
..they shall be brought before the Custody
Officer ASAP.