Detention, Interviews, Searches and Samples (Overview on Police Powers) Flashcards
PACE 1984
Code C
Detention, treatment and questioning by police officers
Custody officer
Advises suspect of their rights
Records all details - personal and procedural
Responsible for welfare of detainee
Must hold a position above sergeant level
Must not be involved in the investigation
Reviews whether detention is necessary after 6hrs and then every 9hrs
PACE 1984
Code C
Detention, treatment and questioning by police officers
Detention
An investigating officer will take over to gather evidence and to determine whether the suspect should be charged or released
What may the investigation 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
PACE 1984
Code C
Detention, treatment and questioning by police officers
Detention Time Limits
Once a suspect has been arrested there are strict guidelines on how long they can be held
Outline the guidelines
People can be detained for 24 hours
Can be detained for a further 12 hours if permission gained from a senior PO
PO can apply to MC to keep suspect for a maximum of 96 hours before they are charged
Suspect detention must be regularly reviewed after 6 hours and then at least 9 hours
No ground to keep the suspect, they must be released
Detailed records of interviews and visits to the cell must be recorded
The rights if a Detained person
Reasonable treatment and conditions, rest, food and exercise
The right for free and independent legal advice
If injured or suffering a medical condition, to see a doctor ASAP
Right to have someone informed of their whereabouts
Right to read the codes of practice about how detainees are treated
Rights if the detained person
The police have a limited right to delay access to legal advice where it will lead to what?
Interference with evidence connected to an indictable offence
Interference or injury to other persons
Hindering the recovery of any property obtained as a result of such an offence
Alerting other persons suspected of committing such an offence but who have not been arrested
Police interviews
Codes of practice
Police interviews are very tightly regulated under what section and act?
Section 66(1) Of PACE 1984
Police interviews
Codes of practice
What is code H?
The detention, treatment and questioning by police officers
Of person under section 41 of, and schedule 8 to the, terrorism act (2000)
Police interviews
Rights if interviewee
The suspect must be?
Informed as to the offences they are being questioned about
Reminded that they have the option of free legal advice
Interviews at the police station
What are the 3 stages of interviews?
The police disclose the allegations to a legal advisor without the dyslectic being present
The legal advisor consults the suspect in private and in confidence
The interview of the Suspect by one or two officers with the legal advisor present
Interviews at the police station
What are the three audiotapes used to record an interview?
first tape: The master copy - sealed at the end of the interview and the seal is not broken until the trial takes place
Second tape: A working copy - used to produce a transcript of the interview
Third copy is given to the suspect to give to their legal representative
The right to silence
What was the 6 criteria Lord Bingham set out before a court could draw an adverse inference? (R V Argent 1997)
Must be proceedings against a person for an offence
Alleged failure to mention a fact at trail must have occurred before the charge, or on charge
Alleged failure must have occurred during questioning under caution
The questioning must have been directed at trying to discover whether or by whom the alleged offence was committed
The alleged failure of the accused must have been to mention any fact realised on in their defence in those proceedings
The alleged failure must have been to mention a fact that in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned
Responding to questioning
What are the 3 options a suspect has when being interviewed?
To answer questions
To provide a prepared statement
To respond with “no comment”
Responding to questioning
CJA 1994
“Allows the court to draw an adverse inference when a suspect remains silent (“no comment”) before charge, on charge or in trial”
The purpose is to discourage the suspect from
‘Fabricating a last-minute defence and to encourage speedy disclosure of any genuine defence’
Responding to questioning
CJA 1994
What does adverse inference mean?
A legal inference that goes against the concerned party;
E.g assuming that a suspect made “no comment” so that they could fabricate a story
Responding to questioning
Special arrangements
Suspect is aged 10-16, the interview must be conducted in the presence of a parent, guardian or responsible adult
Suspect with a mental disability must be accompanied by a responsible adult
Suspects who are blind, deaf or unable to speak may need an appropriate or/and an interpreter
Suspects who cannot understand English will need a translator
DNA and Other Samples
Searches and samples
What are Non intimate samples defined as in S63 of PACE?
Saliva
Footprints
Hair
Sample of nail or from under the nail and mouth swabs
Suspect will be first asked for consent to perform
Can be taken without consent IF;
There is reasonable grounds to suspect the person had been involved in a recordable offence or if the suspect has been charged
DNA and Other Samples
Searches and samples
What are intimate samples defined as in S65 of PACE?
Blood
Semen
Urine
Public hair
Swabs from body orifices other than the mouth
A medical practitioner must take the intimate sample if an inspector authorised it to;
Prove or disprove a suspects involvement in a recordable crime
DNA and Other Samples
Searches and samples
intimate samples
What happens if the suspect does not give consent to an intimate sample?
The court will be informed and adverse inference will be drawn from
Searches and samples
Fingerprints and DNA
Analysed and used to identify a suspect and to link the suspect to the crime scene
Unique for every individual, cannot be forged
DNA: Molecular and genetic structure present in bodily fluids, hair and skin
Searches and samples
Fingerprints
Reasonable force for a fingerprint due to no consent? What are the rules?
Suspect is over the age of 10
Authorised by an officer of at least the rank of inspector
Suspect has been charged with a recordable offence
Suspect has been convicted of a recordable offence
There is doubt about the identity of a person who has n fingerprinted and bailed
Breaches of PACE Code of conduct
R V Khan (1996) Legal principle
Evidence can only be excluded if admitting it would affect the fairness of proceedings
Police powers relating to interviews
Police have the right to interview the suspect they have arrested
Under codes E & F a record of the interview should be made (Two copies, one sealed)
Under code F Interviews can be video-taped
Solicitor usually present
S34-S39 CJA and Public order act 1994 - Suspect has the right to silence
S76 and S78 PACE 1984 - court shall not allow statements which have been obtained through oppression to be used as evidence (R V Miller)
PACE Code C, suspect has the right to breaks.
Police powers relating to detainment
Detainee has the right to have someone informed of their arrest (S56 PACE 1984)
Detainee has the right to privately consult a legal advisor (S58 PACE 1984). However, if a solicitor is to alter the evidence there will be a delay (R V Samuel)
Where the police interview a child or young person or a vulnerable adult, an appropriate adult be present (S57 PACE 1984 Code C and S38 Crime and Disorder Act 1998, R V Aspinall)
R v Paris (1992)
D appealed a confession given after the police asserted his guilt more than 300 times in 1 interview
Issue:
Was the confession obtained by operation?
Decision:
Yes
Reasoning:
Clearly oppressive
R V Samuel (1998)
D had been arrested on suspicion of armed robbery.
Asked for a solicitor, but one was refused under Section 58 of the 1984 Act.
He appealed against his conviction saying that he should have been allowed access to a solicitor.
Held:
Appeal allowed
Could not be refused access to a solicitor after charge.
Hodgson LJ stated:
“The right of a suspect to consult and instruct a lawyer as one of the most important and fundamental rights if a citizen”
R V Aspinall (1999)
Police interviewed a man with schizophrenia who did not have an appropriate adult present.
Issue;
Failure to follow the requirements to have an appropriate adult in the interview if a mentally disordered suspect meant that, despite his apparent lucidity in interview, it was unfair to admit it in evidence.
Outcome:
The judge allowed the interview into evidence because appellant ability to deal with the interview obviated the need for an appropriate adult.
COA Overturned conviction stating:
It was clear that Appellant should have had an appropriate adult.
It was unfair to have admitted the interview evidence, particularly as appellant had been interviewed without legal advice
