Detention and Treatment of Persons by Police Officers Flashcards
Chief must appoint one custody sgt to each designated station. (Sgt NOT a/sgt)
At non-designated stn, officer of any rank can perform custody officer duty if sgt not readily avail but must inform INSP
PCSO’s/support staff can have PC powers designated on them EXCEPT arrest
stop/search
custody officer duties
Rank specific powers
Powers in force areas can differ - need to adhere to forces specific powers.
Code C applies to person under arrest. D/not apply to Scottish Warrants, Immigration offences, Production prisoners.
Relevant protected characteristic’s incl age, disability, gender reassignment, pregnancy, maternity, race, religion, sex, orientation.
If delay in custody not justified KIV unlawful detention/false imprisonment - Evidence = inadmissible
Police Stn incl boundary or yard
If juv admits offence to person b4 they are requested to be AA, cannot be the AA
Sols and ICVs c/not be AA
Custody video is NOT part of custody record
If STOP/Searched under code A or TACT which = arrest, record must form part of custody record (search officers resp.)
Custody officer resp. to ask if Def wants copy and record it, supply it ASAP
Sols and AA can inspect custody record while def detained. Can have copy when they leave/court - 12 months to apply
If grounds arrest not given ASAP can = unlawful arrest
Custody officer can assume all arrests lawful
Unlawful arrest NOT = unlawful detention
OIC resp to advise custody sgt or SUPT if ext. of anything which appears to undermine need for detention. Documents made avail for Def/sols.
If Vol int by IO not PC - Def pays for own legal as IO has no power arrest
DEF’s PROPERTY - Custody officers discretion to make record of items seized/taken from Def
Intimates = orifices but not mouth
Right to inform - If Nom person not avail, 2 other chances
Right to call person for reas time
B4 any call/letter = Def to be inf may be read/listened to/used in evidence
AA can request legal advice but Def an refuse to see them
If right to sols refused (KIV if sols delay int proceedings is incl) the adverse inference re silence is RESTRICTED.
If sols disrupts interview - Auth SUPT to remove them or INSP if SUPT not readily avail - SUPT can report to Sols Reg Authority (& legal aid agency if duty sols)
INSP can prevent probationary representative in interview if bel will interfere with invest.
Def (even if in int) must be advised if sols attends
Free legal tel advice for - non-imprisonable
Warrants
D/Drive
BOB
exeptioc incl if ints required, ID issues, comms issues/AA req/Sols at stn
Delay legal advice max 36 hrs (48 hrs TACT) - Supt can allow access to other legal advisors
TACT cases, auth ACC if Insp + is in consult. with sols
Complaints following arrest = Insp
MHA’s HCP readily avail at all times - 30 min checks by HCP
30 min rousals if intox
Supt can extend det. to 36 hrs anytime after 2nd review by live link or in person (Ind. offences).
live link suit for mags for 3 day lie down
CANNOT use live link if Def NOT consult. with sols AND not consented KIV if avail (not tel)AA
Review office can decide if rev in person/phone/vid conf. MUST use live link if avail and not phone.
Can terminate live link to attend in person for review
Live link auth. adult - (in presence of AA if nec)
14 - 18 - adult and child
< 14 - Adult only
Rel times;
TA at PS or 24hrs after arrest.
O/S England/Wales = TA @ PS in rel force area or 24 hrs after entered England/Wales
Wanted by another force = 24 hrs after time leaves 1st force area or TA @ 1st PS in other force.
TACT = time arrest.
Only custody officer can auth release def.
Max det w/out charge = 96 hrs
14 days TACT (max 7 days at a time) SUPT can auth 48hrs.
Can apply for warrant further detention up to 6 hrs after 36 hrs.
REview times 6, 9 ,9
TACT ASAP then 12 & 24 hrs by Supt.
If warrant further det. = No reviews.
Pre charge Exp. Report = MG 3, 6, 11, 15, precons
Pre Charge evidential report = MG 3, 5, 6, 11, 15, 34c, STORM, material undermine, key exhibits, precons
If bailed w/out charge (NOT for CPS advice) c/not impose new bail conds.
Drug testing - Class A - Sec state defines each force allowed to test following arrest(adults)/charge (over 14)/u 18
Trigger offence unless Insp auth test as suspect Class A drug contributed to offence.
