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police powers- law > Detention, Interviews, Searches And Samples > Flashcards

Detention, Interviews, Searches And Samples Flashcards

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1
Q

what code does detention come under

A

CODE C

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2
Q

who will be the first member of staff to meet the suspect?

A

the custody officer

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3
Q

who will be the second member of staff to meet the suspect?

A

the investigating officer

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4
Q

what does the investigating officer do?

A

they will gather evidence and to determine whether the suspect should be charged or released. the investigation may include:
-carrying out audio-recorded interviews with the suspect
-taking fingerprints or impressions of footwear
-carrying out an identification procedure
-taking photographs
-taking intimate or non-intimate samples.

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5
Q

what act sets out time limits for the period of detention?

A

the police and criminal evidence act 1984

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6
Q

what is the minimum time a suspect can be in a cell for?

A

24 hours

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7
Q

does the suspect have to get charged or released?

A

yes

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8
Q

if the police need more time for questioning and investigating, what can the time limit be extended too?

A

36 hours- a superintendent or above needs to authorise this extension

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9
Q

can the police extend the 36 hours?

A

yes but they need to ask the magistrates court before the 36 hours expire

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10
Q

what is the maximum time a suspect can stay in a cell for?

A

96 hours in total

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11
Q

what is the role for a custody officer?

A

a custody office is responsible for the welfare of the suspect while they are held in detention. the custody officer must not be involved in the investigation involving the suspect.

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12
Q

the role of the custody officer is to record all the details of the detention. What details do they have to record?

A

-arrival time
-property taken from the suspect
-interview times
-access to lawyers
-rest periods and refreshments

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13
Q

what else is the custody officer responsible for?

A

They are responsible for advising suspects of their rights while in detention.

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14
Q

when may the detention of a suspect become unlawful?

A

if the custody officer hasn’t reviewed whether the detention is still necessary after the first 6 hours and then every period of 9 hours.

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15
Q

does the suspect have a right to free, independent legal advice from a solicitor or an accredited police station representative, either face to face or over the phone?

A

yes

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16
Q

when would the police have a right to delay access to legal advice?

A
  • interference with evidence connected to an indictable offence
  • interference or injury to other persons
  • alerting other persons suspected of having committed such an offence but who have not been arrested
  • hindering the recovery of any property obtained as a result of such an offence
17
Q

FACT OR FICTION: the suspect has the right to request that one relative or other person is informed of their arrest and whereabouts.

A

FACT

18
Q

FACT OR FICTION: the suspect does NOT have a right to rest, food and exercise. their cell does NOT have to be clean, ventilated, lit or heated,

A

FICTION. they must have all of these things

19
Q

if the suspect is injured or suffering from a medical condition, how quickly do they need to be seen by a doctor?

A

as soon as possible

20
Q

how many hours of continuous rest must the suspect have out of 24 hours?

A

8 hours

21
Q

what code covers interviews?

A

CODE E and F

22
Q

what is an interview?

A

an interview is the questioning of a suspect about their involvement, or suspected involvement in committing an offence. the suspect must be cautioned at the beginning of the interview.

23
Q

how many tapes are there in an interview?

A

3 audiotapes

24
Q

what is on the 3 audiotapes?

A
  • the first tape is the master and is sealed at the end of the interview. the seal is only broken when the trial takes place.
  • the second tape is a working copy and will be used to produce a transcript of the interview.
  • the third copy is given to the suspect or their legal representative.
25
Q

interviews that are recorded visually come under what code?

A

CODE F

26
Q

when do visually recorded interviews take place?

A
  • very serious cases
  • suspect has a disability (e.g. death- sign language)
27
Q

before an interview what must the investigating officer consider?

A

they must consider whether the arrested person is capable of listening to and understanding questions as they may be under the influence of drugs etc.

28
Q

what special arrangements can be arranged when interviewing?

A
  • juveniles: if the arrested person is between the age of 10 and 16, an interview must be carried out with a parent, guardian or responsible adult present
  • suspects with a mental disability: an appropriate adult must be present
  • suspects who are death, dumb or blind- an appropriate adult and/or interpreter will be required
  • suspects who cannot speak or understand English- an appropriate interpreter must be present
29
Q

FACT or FICTION: if special arrangements are not made, the evidence gained will still be used in court.

A

FICTION, the evidence will not be used in court if the special arrangements have not been used.

30
Q

FACT or FICTION: the investigating officer must not use inappropriate behaviour during the interview to get answers to their questions and there should be no oppression.

A

FACT

31
Q

what is an example of inappropriate behaviour during an interview?

A

shouting at the suspect or using threating words and gestures

32
Q

when does an interview end?

A

the interview ends when sufficient information has been gathered and the suspect has been gathered and the suspect has given an opportunity to give an innocent explanation of the circumstances.

33
Q

what is the right of silence protected by?

A

the European convention of human rights

34
Q

what is adverse inference defined by?

A

a legal interference that goes against the concerned party, for examples, assuming that a suspect made no comment so that they could fabricate a story

35
Q

FACT or FICTION: the criminal justice act 1994 allows a court to draw an adverse inference when a suspect remains silent prior to charge, on charge or on trial.

A

FACT

36
Q

what does section 34 of the act state?

A

section 34 of the criminal justice act 1994 states that the purpose of this is to:
- discourage an accused from fabricating a defence at the last minute.
- encourage the accused to make a speedy disclosure of any genuine defence or any fact which may go towards a genuine defence.

37
Q

lord Bingham set out 6 criteria to be met before a court could draw an adverse inference in what case?

A

R v Argent(1997)

police powers- law (3 decks)

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