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NIE - Evidence > Detention & Treatment Of Persons > Flashcards

Detention & Treatment Of Persons Flashcards

1
Q

Any power contained in RUDE TERRORIST require the authorisation of a superintendent. If not in this acronym, who gives authority?

A

Inspector.

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2
Q

What is 36 RUDE TERRORIST?

A

36 - Extending the detention period for non-terrorism suspects from 24-36 hours.
R - Road checks
U - Urgent interviews in the absence of a solicitor, appropriate adult, interpreter. OR urgent interviews of persons unfit for interview.
D - Delaying the right legal advice under the incommunicado rules.
E - Excluding solicitors from an interview due to their unreasonable behaviour.

Terrorist - Terrorism offences.

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3
Q

Non police officer staff employed by the police authority can be designated to perform 3 roles to the same extent as a constable, -

A

Investigating officer.
Detention officer.
Escort officer.

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4
Q

A member of staff will become designated once 3 criteria are met. That they are a SUITABLE person, they are CAPABLE of carrying out the designated role in question and they have received adequate TRAINING to perform the designated role. Who must be satisfied that these criteria are met??

A

Chief officer of police.

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5
Q

Can designated persons use force when performing their functions?

A

Yes. Reasonable force at the same extent a constable would be entitled to use when performing the same functions.

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6
Q

A designated police station is a station designated by who ?

A

The chief officer of police within a force.
They must designate sufficient police stations to deal with prisoners. Once they have chosen said station the details of designation are published and these stations will possess adequate facilities to detain arrested persons.

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7
Q

How long can a police station be designated for?

A

Either permanently or for a specific period. A police station cannot be designated for part of a day.

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8
Q

When can a suspect be taken to a non designated police station?

A

If the detention of the suspect either WILL NOT or is UNLIKELY to exceed 6 hours.

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9
Q

In regards to the custody officers functions, they must be justifiable and reasonable steps taken to prevent any unsuccessful delays. In the even of a delay, what must be recorded and where? ?

A

The delay and its reason MUST be recorded in the custody record.

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10
Q

There are 3 prohibition to a custody officer. They must NOT ….

A

Ask the detainee any questions in relation to their involvement in the offence.
Make any value judgements.
Make any comments that cast doubt on their impartiality.

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11
Q

CUstody officer – If the officer of the rank sergeant is not readily available the role may be performed by who?

A

An officer of ANY rank who is NOT involved in the investigation of the offence.

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12
Q

The chiefs constable for each force MUST as a bare minimum appoint 1 ??

A

Designated custody officer for each designated police station.

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13
Q

The chief constable for each force MAY appoint further??

A

Designated custody officers for each designated police stations.

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14
Q

It is not necessary to wait for a solicitor to arrive before conducting 4 procedures. What are they ?

A

Non intimate samples
Fingerprints
Footwear impressions
Searches.

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15
Q

A terrorism suspect may be restricted to consultation with a solicitor in the sight and hearing of a uniformed inspector or above who is unconnected to the investigation. WHO must authorise this??

A

An officer of at least the rank of a commander or assistant chief constable.

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16
Q

What does PEAR stand for ?

A

Lead to interference with or physical harm to PEOPLE.
Lead to interference with or harm EVIDENCE connected with an indictable offence.
Lead to ALERTING other people suspected of having committed an indictable offence but are not as yet arrested.
Hinder the RECOVERY of property obtained as a consequence of the commission of an indictable offence.

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17
Q

The rights of a detainee who has not yet been charged in connection with an INDICTABLE offence can have their legal rights delayed by __________ and other rights delayed by ___________ if there are reasonable grounds to believe that excersising this right will lead to a PEAR trigger.

A

Legal advice delayed by a superintendent off above.

Other rights delayed by an inspector or above.

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18
Q

A person must be allowed to consult a solicitor for how long prior to any court hearing??

A

A reasonable time.

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19
Q

The rights of a detainee who has not yet been charged in connection with a terrorist offence may have their rights delayed by who?

A

A superintendent if they have resolvable grounds to BELIEVE they will commit a PEAR offence.

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20
Q

The delay of the rights in regards to a terrorism offence may only last how long??

A

For as long as the ground justifying a delay exists. Even if the ground justifying the delay is continuing the delay CANNOT last beyond the maximum of 36 hours (non terrorism) 48 (terrorism)

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21
Q

When will a court be unable to draw adverse inferences ?

A

When a detainee has been interviewed during any period when access to legal advice has been delayed.
(At the commencement of such an interview the modified caution must be administered.)

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22
Q

If the interviewing officer wishes to draw adverse inferences in relation to any silence exercised during an interview where the right to legal advice was delayed, what will need to take place after?

A

A further interview will need to take place after the delay to the right to legal advice has ceased and the suspect has been offered the opportunity for legal advice.

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23
Q

What does PAPER stand for ?

A

Interference with, or physical harm to other PEOPLE
ALERT others suspected of committing the offence but not yet arrested
Serious loss or damage to PROPERTY
Interference with, or harm to EVIDENCE
Hinder the RECOVERY of property obtained during the offence.

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24
Q

The general rules of interviewing can be overridden by who?

A

Superintendent or above. (Except for interviews away from a police station)

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25
Q

What urgent situations would require overriding the general rules of an interview?

A

If due to the urgency of the situation, the Supt considers that any delay interviewing caused by waiting for the basic right would result in any consequences of PAPERS.

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26
Q

Any interview which overrides any of the basic rights may only be conducted if?

A

Sufficient information has been obtained to avert the risk of PAPER consequences.

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27
Q

Is it possible to interview a juvenile at their place of education?

A

NO.

Only possible under exceptional circumstances and the principal or their nominee agrees to the arrangement.

28
Q

If a juvenile committed an offence against their educational establishment, would they be able to be interviewed there (under exceptional circumstances)

A

Yes however their principle or nominee could not act as the appropriate adult.

29
Q

Who can authorise urgent interviews to take place prior to the arrival of the solicitor ?

A

Superintendent or above.

30
Q

What does DAPPER stand for ?

A

Any DELAY
Lead to ALERTING of suspects
Lead to serious loss or damage to PROPERTY
Lead to interference with, or physical harm to other PEOPLE
Lead to interference with, or serious harm to EVIDENCE connected, or
Hinder the RECOVERY of property obtained in the offence.

31
Q

in regards to a superintendent authorising an urgent interview prior to a solicitors arrival, must they have reasonable grounds to suspect or believe the delay would lead to a DAPPER consequence?

A

BELIEVE.

32
Q

The general rule is that a solicitor must be granted access to their client at the police station. However they MAY be refused access by who ?

A

An inspector or above if they consider that their visit will hinder the investigation.

33
Q

A solicitor MAY only be excluded from an interview where their conduct prevents the interviewing officer from properly either…

A

Putting questions to the suspect.

Recording the suspects responses to questions.

34
Q

If an officer thinks the solicitor is acting in an unreasonable manner they must firstly stop the interview and then consult a…

A

Superintendent or above. (If not available, inspector or above)
And they MUST be unconnected with the investigation.

35
Q

If it’s decided that the solicitor will be excluded from the interview, the suspect will be given the opportunity to consult another solicitor, the interview cannot proceed until any further solicitor requested is in attendance. Also the superintendent will consider weather to report the solicitor to who??

A

The law society and the Legal services commission.

36
Q

If a detainee is treated by the custody officer as mentally disordered or mentally vulnerable, what age must they by?

A

Any age.

37
Q

For a custody officer to decide to treat a detainee as mentally disordered or mentally vulnerable they must have either??

A

Any suspicion that this is the case OR

Is told in good faith that this is the case.

38
Q

Once the person responsible for the juveniles welfare is ascertained they MUST be informed as soon as practicable, 3 facts ??

A

That the juvenile has been ARRESTED.
WHY they have been arrested.
Where they have been detained.

39
Q

If the juvenile doesn’t want a solicitor, does their appropriate adult have a right to ask for one on their behalf?

A

Yes, if they believe it would be in the juveniles best interest. However they cant be forced to speak to to the solicitor if they don’t want.

40
Q

Can the custody officer authorise interview records to be conducted orally?

A

No.

41
Q

When does the detention clock start?

A

The relevant time

42
Q

When does the review clock start from?

A

The time that detention is authorised.

43
Q

Who performs the function of review clock, pre charge and post charge?

A

Pre charge - inspector or above

Post charge - custody officer.

44
Q

What is the relevant time for someone attending a voluntary and then being arrest ?

A

The time of the arrest.

45
Q

When does the detention clock start ticking for a person being brought to a police station from a different force ?

A

The point of arrival at the first police station within the force area. As soon as they cross the boundary of the first station within force area that’s when the detention clock starts ticking.

46
Q

Is the Isle of Man and Channel Islands parts of England and Wales ?

A

No.

47
Q

A warrant to extend detention by the mags. How long can the extension be ?

A

Up to 36 hours.

48
Q

For terrorism suspects, detention will be permitted up to a global maximum of how many days ?

A

14 days.

49
Q

Can the review officer refuse to hear representations from the detainee ?

A

Yes if they are unfit due to their condition or behaviour.

50
Q

Whats the minimum time a non designated police station can be designated for?

A

Minimum of 24 hours.

51
Q

What are the review times for terrorist case?

A

First review - soon as practicable.

2nd review & ongoing - every 12 hours.

52
Q

For terrorist in custody who does reviews up to and beyond 24 hours?

A

Up to - inspector

Past 24 hours - super

53
Q

Are police responsible for app adults in traumatic cases ?

A

They need to consider the welfare of the AA but don’t need to pre warn them about the nature of the case.

54
Q

in regards to someone arrested and in a police station for breach of peace, must their detention still be reviewed prior to charge and if so who by?

A

Yes, although they are not in police detention, their detention must still be reviewed prior to charge by an inspector unconnected to the investigation.

55
Q

FRANCIS, 16, has been charged with the offence of attempted obtaining services dishonestly under the fraud act. Can he be tested for the presence of class A drugs?

A

Yes as he is over 14 and has been charged with a triggering offence.

56
Q

FARROW has been charged with murder and upon caution at the point of getting charged says “so you want to know where I’ve hidden her?”. FARROW can be re-interviewed following the charge, which caution must be administered at the commencement of the interview ?

A

The modified abbreviated caution.

57
Q

Drug dealer puts drugs in mouth. Can you search, do you need authority?

A

No authority needed. This is not intimate, can be done in public view.

58
Q

Dellanoy is in custody, there was a fire so he had to be moved to MK custody. Does he get a fresh nomination ?

A

Yes. He would be entitled again to have another person of the same as before made aware of his whereabouts.

59
Q

Who can provide the circumstances of arrest to the custody officer ?

A

The arresting officer remotely (phone, radio) or through assisting officer.

60
Q

Can a 13 year old be tested for presence of class a drugs if he hasn’t been charged?

A

No. NEVER. He is under 14 so can never be tested.

If he was between 14-18 he can be tested if charged?

61
Q

What are the triggering offences for testing for drugs?

A 
Drugs offences
Vagrancy 
Theft offences. 
Fraud 
Attempt to commit any of the above.
62
Q

How long can someone be detained for following a charge and we need a sample to test for class A drugs?

A

Up to 6 hours.

63
Q

Can an inspector authorise a search for detainees to look for distinguishing features to identify them who refuse to give details ??

A

Yes. They can search without the persons consent if they refuse details or give obvious fake ones.

64
Q

If someone’s 8 hour rest period is delayed/interrupted because of belief that by not it would delay their release, must a fresh rest period be allowed ?

A

Yes. This must be allowed.

65
Q

To take a pubic hair from a 13 year old who has requested their AA (mother) leave the room. What happens ?

A

The AA can over rule the son and demand to be present when the pube is taken.

66
Q

How long can you incommunicado someone for ?

A

MAX 36 hours.

NIE - Evidence (9 decks)

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