Detention, treatment and questioning Flashcards
Custody officer
Police sergeant
Responsible for the reception and treatment of prisoners detained at custody.
Act independently of those conducting the investigation.
Responsible for ensuring rights and welfare of prisoner.
Need 1+ custody officer at each designated police station.
PC can perform the functions of a custody officer if none are readily available - so not at police station.
If a prisoner is taken to a non-designated police station an officer of any rank not involved in the investigation can take the role of the custody officer. If no one else is there the arresting officer may take the role but must inform an inspector at a designated police station so they can consider the circumstances.
Designated support staff
Can employ a community support officer or policing support officer.
Designated officers are given powers to carry out certain functions that would have previously been carried out by police officers.
Have powers of a police officer except - power to arrest, power to stop search, power to perform functions of a custody officer at designated police station if no custody officer is readily available or power that is exercisable only by a constable of a particular rank.
Role falls under 4 categories:
Community support officer
Investigating officers
Detention officers
Escort officers
Designated police stations
s30 PACE requires a person who has been arrested to be taken to a police station as soon as practicable after arrest.
s30A allows a constable to release a person who is under arrest (street bail).
Prisoners who will be/are likely to be detained for over 6 hours must be taken to a designated police station i.e. one with enough facilities for the purpose of detaining arrested people i.e. custody.
Code C and the Equality Act 2010
Code C recognises that prisoners are treated in accordance with the Equality Act 2010
Relevant protected characteristics include: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
What if there are delays in processing a detainee e.g. lots come in at once or all interview rooms are being used or difficulties contacting a solicitor?
A custody officer must perform the functions in this code as soon as reasonably practicable.
They are not in breach if the delay is justified and there are reasonable steps taken to prevent unnecessary delay.
The custody record must show when a delay has occurred and why.
If it was not justified, it could be unlawful detention and false imprisonment and any evidence obtained as a result could be inadmissible.
What about those who attend for a VA?
They should be treated with no less consideration.
They should be offered or allowed refreshments at appropriate times and allowed their right to obtain legal advice or communicate with anyone outside the police station.
Police detention meaning
s118 PACE
Person is in police detention if he has been taken to a police station after being arrested or he is arrested at a police station after attending a VA or accompanying a constable there and is detained there or detained elsewhere in the charge of a constable.
Police station - includes if there are within boundary of any building or yard which forms part of that police station.
Vulnerable people as a result of mental health
Custody officer (in case of a detainee) and officer investigating the case (in the case of a person who hasn’t been arrested or detained) must have regard to factors regarding whether the person is vulnerable.
Must take into account the particular circumstances and the nature of how the investigation might affect them.
Should consider:
Persons behaviour
Mental health conditions and capacity
What person is saying about themselves
Information we have from friends and family, police records, health and social care etc.
This will help decide if they need an appropriate adult.
Juveniles will always require an appropriate adult.
If a person s under the influence of drink/drugs, that alone does not mean they are to be treated as vulnerable and require an appropriate adult.
Appropriate adults
Should be involved if there is any doubt about a persons mental state or capacity.
A person should not be the appropriate adult if they are a suspect, the victim, a witness, involves in the investigation or have received admissions prior to attending to act as the appropriate adult.
So if person admits to an offence in presence of person before they act as the appropriate adult, another appropriate adult should be appointed for fairness.
Should not use a juveniles estranged parent if they juvenile objects to their presence.
It may be better for a vulnerable person to use a experienced/trained appropriate adult but if the person prefers a relative as opposed to a better qualified stranger than their wishes should be respected, if practicable.
Detainee should be able to consult with solicitor privately in appropriate adults absence if they want.
Appropriate adult who is not a relative must be independent of the police.
Must also consider the welfare of the appropriate adult e.g. in Fred West case they were caused PTSD and psychological injury so help should have been offered
What age counts as a juvenile?
Under 18
Live link for detainees with eyesight or hearing impairment
If a detainees eyesight or hearing is impaired, the arrangements would need to ensure effective communication as if all parties were physically in the same location would apply to the live link arrangements, e.g. using sign language.
Custody records
When a person is arrested and taken to custody they must be brought before custody officer as soon as practicable after their arrival and a custody record made.
Do officers have to tell detainee their name?
Can use collar number and station in the case of those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to those involved.
Authorising detention
Custody officer will record all of the reasons for authorising the persons detention
Record of grounds for detention
s37(5) written record should be made in the presence of the detainee who shall at that time be informed by the custody officer of the grounds for his detention.
s37(6) the above does not apply where the person arrested is, at the time the written record is made:
Incapable of understanding what is said to him
Violent or likely to become violent
In urgent need of medical attention
What if grounds were not given at time of arrest?
If the grounds were not given at the time of arrest for a justifiable reason, the custody officer should consider whether the arrested person is now in a position to be given the grounds as this is the first practicable opportunity.
If grounds for arrest are not given when they should have been, the arrest is unlawful.
Does custody officer have to consider whether arrest was lawful?
No that is not in their requirements
But if they are aware the arrest is unlawful, they will need to consider whether continued detention is justifiable in light of the HRA 1998.
When can a persons detention be authorised?
When there is sufficient evidence to charge and when there is not sufficient evidence to charge.
If there is insufficient evidence to charge, the custody officer must decide if the detention is necessary to secure or preserve evidence relating to an offence they were arrested for or to obtain evidence by questioning.
Risk assessments
Custody officer is responsible for initiating a risk assessment to consider whether detainees are likely to present any specific risks to custody staff or themselves.
Documents or material that undermine the need to keep a suspect in custody
Investigating officers have to bring to the officer authorising detention (e.g. custody officer) any documents or material they have which appear to undermine the need to keep the suspect in custody.
They must then make these documents/material available to the suspect or their solicitor.
Girls under 18 detained
Arrangements should be made that girls under 18 who are detained in a police station are under the care of a woman.
Can more than 1 person be contacted about a juvenile being detained?
Yes it may be necessary to inform more than 1 person, e.g. if juvenile is under the care of the local authority there would be no legal requirement to tell parents but they should normally be contacted or at least consideration should be given to informing them.
Interviews somewhere other than at a police station
If not sure whether a place other than a police station is suitable for a VA for a juvenile or vulnerable person, officer should consult a sergeant or above for advice.
Search in custody
s54 PACE - custody officer shall ascertain everything which a person has on him when he is arrested and brought to custody - so can search them.
They are responsible for keeping safe any property they had.
No legal responsibility to record everything they have with them but some forces do.
Custody officer will authorise the extent of search they consider necessary.
3 levels of search -
- No more than outer clothing
- Strip search
- Intimate search (need inspector to authorise)
