Detentioning And Questioning Flashcards
What does s30 of pace 1984 set out?
The procedure for detention:
A person must be brought to the station as soon as is practicable after the arrest
Suspect will the be brought before a custody officer
Booking in procedure will begin
Rights will be read
What is the procedure for detention?
The procedure for detention:
A person must be brought to the station as soon as is practicable after the arrest
Suspect will the be brought before a custody officer
Booking in procedure will begin
Rights will be read
What sets of the detention procedure?
Code C of the pace act 1984
Who is a custody officer?
A police officer who is at least the rank of sergeant and who is separate from the investigating officer
What is the custody officers role?
To complete the booking in procedure
Ensure the rights of the suspect are protected
Ensure the rules of pace 1984 are adhered to
What happens in the booking in procedure?
The suspect is given notice of his main rights
How is a suspect notified of their rights?
This can be done orally or in writing
Briefly, what are a suspects main rights?
The right to inform someone of their detention
The right to consult a solicitor
The right to consult the codes of practice relating to arrest and detention
The right to silence
Where is the procedure for detention and questioning set out?
Code C of the pace act 1984
What does s56 of pace 1984 set out?
That if it is a serious arrestable offence a senior officer can authorise a delay of up to 36 hours for someone to inform someone of their arrest. This can only be done if there are reasonable grounds for believing that the named person will notify someone who is under suspicion
What allows a for a senior officer to extend the detention time?
S56 of pace 1984
Where is the defendant’s right to consult a solicitor set out?
S58 of pace 1984
What does s58 of pace set out?
The suspects right to consult a solicitor
What must happen at the stage when the suspect is informed of their right to a solicitor?
Information must be provided about a duty solicitor
The suspect must sign the custody record stating whether they want to be given legal advice
What information must a police station provide about duty solicitor?
The suspect must be told they have the right to one
Information about duty solicited must be displayed around the station (often in poster format)
How long can the suspect be delayed the right of a solicit for?
36 hours
Why may a suspect be delayed the right of a solicitor?
If the police believe that consulting with a solicitor may lead to an interference with the investigation e.g with other suspects/witnesses, harm to property or potential evidence
What case is relevant to the suspects right to consult a solicitor?
R v Samuel (1988)
What year was the case of R v Samuel?
1988
What case happened in 1988?
R v Samuel
What happened in the case of R v Samuel (1988)?
A man was arrested and his mother had already been informed of this. The police denied access to a solicitor on the grounds that it might lead to other suspects being alerted. This denial was deemed unjustified as someone was already aware of his arrest and any informing would have already occurred. It was stressed that such a denial can only be justified in exceptional circumstances.
Where is the right to silence also contained?
In the caution but this should be repeated before the interview begins
What has changed the right to silence?
The criminal justice and public order act 1994
How has the criminal justice and public order act 1994 changed the right to silence?
It allows inferences to be drawn from the fact the defendant had refused to answer police questions
What does s57 of pace 1984 set out?
That if the detainee is a juvenile, mentally ill, foreign or has impaired hearing an ‘appropriate adult’ must be present
What states an ‘appropriate adult’ just be present for certain detainees?
S57 of pace 1984
In what circumstances can s57 of pace 1984 be undermined?
An interview can begin without a solicitor or appropriate adult if an officer of superintendent rank considers that delay in waiting for one will involve harm to people or loss or damage of property
How long may a suspect be initially detained for?
24 hours
How can the time a suspect is detained for be extended? (include relevant times)
For an extension from 24 hours to 36 hours the suspect must have committed a serious offence and permission from a senior officer is required
After 36 hours the suspect can be detained for a further 50 hours of the police apply to the magistrates court
What is the maximum time a suspect can be detained for?
96 hours
Who authorised detention for more than 36 hours?
The magistrates court
What does s60 of pace 1984 set out?
That all interviews must be tape recorded
Where is it set out that all interviews must be tape recorded?
S60 of pace 1984
Explain the rights to a solicitor and interviews…
All suspects have a right to a solicitor present at the interview. However the interview may proceed with out one of they have not requested it, this right has been delayed or if waiting for one to arrive may affect the investigation
What does s76 of pace 1984 state?
That the police should not use oppression, torture or threats of violence during the interview process. If this happens, evidence will be inadmissible in court
Where is it set out that oppression, violence and torture are prohibited in questioning?
S76 of pace 1984
What happens if the defendant is silence in the interview?
The judge may inform the jury of this and make negative reference to this
What conditions must the interview be conducted in?
The rooms must be well lit, heated and ventilated and the suspect smug be given adequate breaks for meals, refreshments and sleep
What does s36 of pace set out?
That the custody officer has a duty to release the suspected if they believe there is no grounds to detain them
Where is it set out that a custody officer has a duty to release a suspect if they have no reason to detain them?
S36 of pace 1984
What does s54 of pace 1984 set out?
That the police may search and arrest a person on arrival at the station and seize any item they believe the suspect might use to cause physical injury to themselves or another person, or damage to a property, to interfere with evidence, to assist him to escape of if the officer has reasonable grounds to believe the evidence may relate to an offence
Where are strip searches defined?
Code C
What is defined as a strip search?
‘A search involving more than the removal of outer clothing’
What the reasons why a strip search be conducted? Why?
The right to strip search is not automatic so they may only be conducted if it is believed the defendant is concealing a prohibited article
Who may conduct a strip search?
An officer of the same sex
What must not happen during a strip search?
The suspect should not be made to remove all items of clothing at the same time
What does s63 of pace 1984 set out?
That while a suspect is detained they may take finger prints and non-intimate body samples such as hair and saliva without the persons consent
Where is it set out that while detained the police may take finger prints and non-intimate body samples with out a persons consent?
S63 of pace 1984
What is a non-intimate body sample?
Hair or saliva
How can police obtain non-intimate body samples?
Without the persons consent and the police may use reasonable force to obtain these
What does s61a of pace 1984 set out?
It allows the police to take impressions of footwear
What amended s61a of the pace act 1984?
The serious police and organised crime act 2005
Where is it set out that the police can take impressions if a suspects footwear?
S61a of the pace act 1984
Where are intimate samples defined?
The criminal justice and public order act 1994
What is the definition of an intimate body sample?
‘A sample of blood, urine, tissue fluid, pubic hair, dental impression or swab from anywhere other than the mouth’
Where are DNA samples stored?
The national police DNA database
What case is relevant to the storage of DNA?
S and Marper V UK (2008)
What is the case of S and Marper v UK (2008) relevant too?
That it is against human rights to retain DNA indefinitely if there was no conviction
What case happened in 2008?
S and Marper v UK
What year was the case of S and Marper v UK?
2008
What happened in the case of S and Marper v UK (2008)?
The ECHR ruled it was a breach of article 8 (respect to ones private and family life) if there was no conviction
What has been happening since July 2010?
DNA samples can now only be kept for a specified time. In non-serious offences the data will be deleted straight away and for serious offences 3 years with possibility for a 2 year extension with court permission
How long can DNA be stored for? (Relevant time periods included)
In non-serious offences it will be deleted straight away
Serious offences - 3 years with possibility of a two year extension with court permission
Since what date has DNA been stored in this particular way?
July 2010
Why is there still debate around how DNA is stored?
In 2011 it was reported that one fifth of the 1.1 million DNA profiles on the database had not result in a conviction. Civil rights campaigners may still see this as an issue.
What sets out how long and under what considering DNA can be retained?
The protection of freedoms act 2012
What does the protection of freedoms act 2012 set out?
The legal framework as to how long and under what conditions DNA can be retained
What has solidified and clarified the rules on DNA storage?
The protection of freedoms act 2012
In relation to solicitors, what rights does a suspect have?
To have one present in the interview and/or have a private consultation with them
What case happened in 2005?
R v Grant
In what year was the case of R v Grant?
2005
What happened in the case of R v Grant (2005)?
The court held that illegal conduct by the police would not be tolerated. As a result his murder conviction was quashed because he was not allowed a private meeting with his solicitor.
