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)
Search - no more than outer clothes
Any search that does not become a strip search
Emptying pockets
Removing jewellery
Searching other areas without the need to remove more than the outer garments
Can remove shoes and socks
Don’t have to search detainee if they won’t be placed in a cell.
Intimate search
Physical examination of person’s body orifices other than the mouth
Drug search
s55A allows detainees to have an x-ray taken or an ultrasound scan to be carried out on them for drugs
If so, consideration should be given to asked a registered medical practitioner or nurse to explain to detainee the effects.
Have to warn them that if they refuse it may harm their case.
Conduct of a search
Reasonable force may be used
Custody officer should specify extent of search
Returning property
Can seize property if officer reasonably believes it may be evidence of an offence.
Unless seized and retained under s22 it must be returned to detainee on their release.
Right to have someone informed
Detainees have a right to have someone informed.
This can be delayed and they can be held incommunicado if held under Terrorism Act or other reason - if so, a record should be made of why this was done and the detainee should be told.
Right to legal advice
s58 PACE gives detainees the right to consult privately with a solicitor free of charge at any time.
Also applies to VAs.
Have to call the defence solicitor call centre to get one.
Free legal advice will usually be by phone by the criminal defence service direct if detainee is detained for a non-imprisonable offence, failing to appear warrant, drink driving or breach of bail.
Detainees can ask for free legal advice from a solicitor they know or the duty one.
Custody officer cannot give advice for solicitors.
Must be able to consult in private.
An officer can exclude a solicitor if they are obstructing questions e.g. answering on the suspect’s behalf - must be able to justify to court why this was done.
If detainee initially wants a solicitor then changes their mind, an inspector must be consulted to authorise continuation.
Can family/friends bring meals?
Custody officer entitled to take account of the risks of items being concealed in any food package and their duties under food handling legislation
CCTV in cell - toilet?
Toilet area should be private so not viewable in the CCTV
Can more than one person be placed in a cell?
Ideally not
If it must happen a further risk assessment should be carried out
What if a person has or is suspected of swallowing drugs?
Should be roused every half hour.
Check their responses.
Consider need for clinical treatment.
Medical attention
Minor injuries and ailments may not require medical attention but should be recorded.
If any doubt, call health care professional.
Menstruating detainees
Requirement to provide access to menstrual products, incontinence products and colostomy appliances.
Adult female detainees must be able to speak in private to female officer about their requirements for menstrual products.
Medical information on custody record
Medical information e.g. detailing detainees injuries will appear on custody record
This is accessible by solicitor and appropriate adult.
Information about the cause of any injury, ailment or condition do not need to be recorded on the custody record if it appears capable of proving evidence of an offence.
Other matters like notes made by health care professional do not need to be recorded in the custody record
Independent custody visitors - lay visitors
s51 Police Reform Act 2002
Can require access to be given to each police station, examine records relating to the detention of persons, meet detainees to discuss about their treatment and conditions while detained, inspect the facilities.
Interpreters
If detainee cannot speak effectively in English an interpreter must be called.
An interpreter can be used to assess whether this is needed too.
An interpreter is independent from the prosecution team.
Different interpreter should be used at the police station than at court or permission sought from solicitor to use the same one.
Can be done via live link but written copy must be sent to interviewer straight away
What if questions are put to suspect in police detention at hospital or on way to/from?
The period of questioning concerned will count towards the total period of detention permitted.
Relevant time of detention
Relevant time - time detention clock starts
Arrested in A&S not at police station - time of arrival
Arrested at police station in A&S - time of arrest
Arrested out of A&S area and not asked any Qs - time of arrival at first police station in A&S or 24 hours after triggering event
Arrested and interview by non A&S police for offence in their area - leave time
Arrested outside of E&W - enter E&W time
When to execute warrant?
Police have discretion of when to execute warrant
Can wait and deal with the matter they were arrested for first and then execute the warrant
This is because once the warrant is executed the person must be taken before the next available court
Review of detention
s34 PACE requires the custody officer to release a person if they become aware that the grounds for detention no longer apply and that no other grounds exist for cotinuing detention
Time limits for detention
24 hours general rule (s41 PACE)
Can be extended to 36 hours with approval from Superintendent for an indictable offence (s42 PACE)
If continued detention is deemed necessary, an application can be made to Magistrates Court for a warrant of further detention, up to 96 hours max total (ss43-44 PACE)
Terrorism is max 14 days.
If D bailed then re-arrested when is relevant time?
Relevant time starts again and fresh clock starts if D is bailed and the re-arrested for the same offence with new evidence.
The new evidence must have came to light since they were bailed.
What about time limits if D is taken to hospital?
Clock is paused unless questioning takes place, then this period of questioning will count towards the relevant time
Terrorism cases
Can initially be detained for 48 hours
Then must apply for a warrant of further detention from Magistrates court for 7 days
Then if still needed apply for another to cover the full 14 days
Reviews
Should have a review officer inspector + no directly involved in the investigation.
Should be reviewed first after 6 hours
Then after 9 hours
Then at 9 hour intervals.
Basically see if there is sufficient evidence to charge and if not then if detention is still necessary to get evidence.
Detainee must be present for review as long as they aren’t asleep.
Reviews can be delayed if not practical e.g. if in interview or no review officer available.
Reviews for terrorism etention
First review as soon as reasonably practicable
Then every 12 hours
After 24 hours it should be conducted by Superintendent +
Once warrant of further detention obtained there is no requirement to conduct further reviews.
Charge and appropriate adults
Reasonable efforts should be made to give the appropriate adult sufficient notice of the time of the decision so they can be present.
If they aren’t or cannot be present, detainee should be released on bail to return for the decision to be implemented when the adult is present unless the absence of the appropriate adult makes the detainee unsuitable for bail for this purpose.
Sufficient evidence to charge
Custody officer will look at the evidence to satisfy themselves that no further investigation is needed before the person can be charged.
If it is decided that there is insufficient evidence to charge, the person must be released.
Simple caution
Formal warning that may be given by police to persons aged 18+ who admit to committing an offence.
Designed as a way of dealing with low-level crime and mainly first time offending
Youth caution
Caution that can be given to those under 18
Conditional caution
Allows an authorised person (police officer) or relevant prosecutor to decide to give a caution to an offender aged 18 or over with one or more conditions attached.
Prosecution is not normally commenced as long as conditions are complied with.
Testing for class A drugs
Sample must be sufficient and suitable
Sufficient in quantity and quality to enable drug-testing analysis to take place
Suitable by nature for a particular form of drug analysis.
Must warn someone providing urine or a non-intimate sample that if they fail to provide they will commit an offence
Intimate search for drugs
Can only be authorised for a person who has been arrested and is in police detention
Must confirm in writing as soon as practicable
Must first make every reasonable effort to persuade the detainee to hand over the article without a search
Presumption is search should be conducted by registered medical practitioner or nurse
A constable should only do it as a last resort
Authorising officer must think physical injury could be caused to themselves or others and injury would be severe
Must tell them that they don’t have to allow it but it may harm their case at court
Strip search for drugs
May be carried out if officer reasonably believes detainee may have concealed an article
Power to remove and seize clothing
Must be carried out by officers of the same sex
Delay in notifying arrest or allowing access to legal advice
If detained for an indictable offence and there are reasonable grounds for believing allowing these will lead to interference with evidence, interference with or harm to other people or lead to altering people suspected of an offence but not yet arrested or hinder recovery of property obtained in the commission
of such offence.
If it involves a juvenile, you must still inform an appropriate adult and the person responsible for their welfare.
Gender of detainees for searching purposes
Treated as their gender at birth unless that have a gender recognition certificate in law.
If they say they consider themselves a different gender you can treat them as that.
If you find they predominantly live their lives as a different gender treat them as what appears to be their predominant lifestyle regardless of their stated preference.
