Detention at the police station Flashcards
List police rankings (from lowest to highest)
- Constable
- Sergeant
- Inspector
- Chief Inspector
- Superintendent
- Chief Superintendent
Note – there are defectives in the criminal investigation department that follow the same rankings i.e. Detective Sergeant.
Who is the investigating officer/officer in the case?
A police officer of any rank who is usually in charge of investigating that particular offence. The legal representative would speak to the investigating officer at the police station to obtain pre-interview disclosure. They would likely lead the interview.
When is detention necessary?
- Secure or preserve evidence;
- Obtain evidence by questioning.
Rights of detainee
- Free independent legal advise
- Notifying someone of their advice;
- Consult with the codes of practice.
Note – also right to an interpreter.
Detention without charge (limits)
- 24 hours from the ‘relevant time’ (normally arrival at the police station).
- Extended 12 hours –authorised by superintendent.
- Warrant of further detention by MC – maximum total of 96 hours detention from beginning (first warrant for 36 hours and second for 24 hours).
Note – enable the police to consider whether prosecution is worthwhile. No extension of time can take place until the second review of detention.
When do reviews of detention occur?
- Conducted by at least an inspector.
- First review no later than 6 hours.
- Further reviews no longer than 9 hours.
Identification procedures
- VIPER (first option)
- Parade
- Group Identification Procedures
- Confrontation
Note – procedures can only take place if the subject is known to the police.
Detainee’s timeline from arrest to police station
- Suspect stopped and arrested.
- Arrival at police station.
- Detention by custody officer and informed of rights.
- Custody record opened.
- Biometric samples taken (fingerprints always).
- Placed in cell.
- Solicitor arrives.
Solicitor’s timeline at the police station
- Arrival.
- Speaking to custody officer.
- Consulting custody record.
- Speaking to investigation officer (who will carry out the interview).
- Pre-interview disclosure.
- Consultation with solicitor.
- Interview under caution.
Following arrest, when would someone not be taken to a police station straight away?
Their presence is required elsewhere to be checked, for premises to be searched, or to check an alibi.
Note – the person can be taken to any police station unless detention is likely to take more than 6 hours in which case they must be taken to a designated police station.
Custody officer (role and definition)
Must be at least a sergeant and unrelated to the investigation.Only officer with authority to detain at the police station. Reasons for arrest must be explained to him.
- Determine whether detention is necessary.
- Open custody record.
- Responsible for detainee’s welfare assessments/treating detainees according to PACE.
- Inform detainee of arrest, reasons for detention and rights.
Custody officer (role and definition)
Must be at least a sergeant and unrelated to the investigation.Only officer with authority to detain at the police station. Reasons for arrest must be explained to him.
- Determine whether detention is necessary.
- Open custody record.
- Responsible for detainee’s welfare assessments/treating detainees according to PACE.
- Inform detainee of arrest, reasons for detention and rights.
Note – additional duties can include measures for vulnerable detainees, arranging interpreters, dealing with the detainee’s property and/or contacting healthcare professionals.
What is included in the custody record?
- Requirement to inform person of the arrest.
- Circumstances of the arrest.
- Why detention was necessary.
- Any comments by the arrested person.
Grounds for authorising an initial extension of detention for 12 hours
- Authorised by superintendent.
- Offence must be indictable.
- Detention is still necessary (secure/preserve property or obtain by questioning).
- Investigation is being conducted diligently expeditiously.
- Extension must be authorised within the initial 24 hours but no earlier than the second review.
Note – grounds must be explained to suspect and they/solicitor must be allowed to make representations.
Applying to Magistrates’ Court for further extensions of detention
2 extensions possible: initial 36 hours and subsequent 24 hours.
- Detention is still necessary (secure/preserve property or obtain by questioning).
- Offence must be indictable.
- Investigation is being conducted fairly and expeditiously.
