Investigation and questioning powers Flashcards
114 Detention after arrest for purposes of investigationS. 114 LEPRA
Allows person to be detained for purpose of investigation
What secton defines the investigation period?
S.115 Investigation period
Investigation period begins when person is arrested. Ends at a time reasonable regarding the circumstances but does not exceed max investigation time of 6 hours.
What section is Determining reasonable time?
S.116 Determining reasonable time
In determining what is a reasonable time for the purposes of section 115(1), all the relevant circumstances of the particular case must be taken into account.
(2) Without limiting the relevant circumstances that must be taken into account, the following circumstances (if relevant) are to be taken into account:
(a)
the person’s age, physical capacity and condition and mental capacity and condition,
(b) whether the presence of the person is necessary for the investigation,
(c) the number, seriousness and complexity of the offences under investigation,
What section defines certain times to be disregarded in calculating investigation period?
S. 117 Certain times to be disregarded in calculating investigation period
(K.F.C F.A.B.R.I.C W.I.M.P)
K - Any time waiting for person prescribed by regulations whose particular knowledge or skills are necessary
F - Carry out Forensic Procedure
C - Communicate with friend/family, independent person, legal practitioner or consular offical
F - Waiting for facilities relating to Electronic recording or admissions
A - Recovery from alcohol or drugs
B - Breath test/analysis or urine sample
R - Resting, refreshments or use toilet
I - Identification parade arranged and coducted
C - Charging produce
W - prepare, make and dispose of detention warrant or application for crime scene/search warrant
I - Interpreter (In person or phone)
M - Receive medical attention
P - Convey to nearest premises where facilities are available
What section allows for Police to apply for an Detention warrant?
S.118 Detention warrant to extend investigation period
(1) A police officer may, before the end of the investigation period, apply to an authorised officer for a warrant to extend the maximum investigation period beyond 6 hours.
(2) The person to whom an application for a detention warrant relates, or the person’s legal representative, may make representations to the authorised officer about the application.
(3) The authorised officer may issue a warrant that extends the maximum investigation period by up to 6 hours.
(4) The maximum investigation period cannot be extended more than once.
(4A) When determining an application for a detention warrant, the authorised officer is to take into account any period for which the person to whom the application relates was a protected suspect in relation to the investigation.
(5) An authorised officer must not issue a warrant to extend the maximum investigation period unless satisfied that—
(a) the investigation is being conducted diligently and without delay, and
(b) a further period of detention of the person to whom the application relates is reasonably necessary to complete the investigation, and
(c) there is no reasonable alternative means of completing the investigation otherwise than by the continued detention of the person, and
(d) circumstances exist in the matter that make it impracticable for the investigation to be completed within the 6-hour period.
(6) As soon as reasonably practicable after a detention warrant is issued, the custody manager for the person to whom the warrant relates—
(a) must give the person a copy of the warrant, and
(b) must orally inform the person of the nature of the warrant and its effect.
What section is Detention warrants?
119 Detention warrants
(1) An application for a detention warrant may be made by the applicant in person or by telephone.
Note—
For provisions relating generally to applications for detention warrants and other matters, see section 59.
(2) In any criminal proceedings, the burden lies on the prosecution to prove on the balance of probabilities that the warrant was issued.
(3) In the case of an application made for a detention warrant by telephone, the applicant for the warrant must, within one day after the day on which the warrant is issued, give or transmit to the authorised officer concerned an affidavit setting out the information on which the application was based that was given to the authorised officer when the application was made.
