Lecture 5 Detention Flashcards
When should a detainee be monitored?
Should be constantly monitored.
A detainee must be transported to hospital if they show?
- any symptoms of head injuries
- are, or have been unconscious
- have suffered a serious injury
- are drunk and incapable and treatment centres are not available
- are believed to have swallowed or packed drugs
- are believed to have taken a drugs overdose
- are suffering from any other medical condition requiring urgent attention
- are suffering from any condition that the arresting officer or transporting staff believe requires treatment prior to detention in custody.
What are the 9 things needed when presenting to custody?
- Detainees Details (name, DOB, Address)
- Circumstances of the incident (Include times, locations, names etc)
- What they were arrested for
- The necessity for the arrest
- Time and location of the arrest
- Any medical issues or injuries (including mental health)
- Any lines of enquiries that you are going to follow up (statements, cctv etc)
- Any use of force (including handcuffing)
- Search under Section 54 PACE
What are the 4 rights of a detained person?
- The right right to consult privately with a solicitor and free and independent legal advice
- The right to have someone informed of their arrest
- The right to consult a copy of the codes of practice
- If applicable, right to interpretation/ translation/ communication with embassy
What do you remove under a section 54 PACE search?
Custody officer shall ascertain everything a person has with them when brought to custody and may retain articles:
- that can cause injury to self or others
- damage property
- interfere with evidence
- assist in escape
Disposal
Where a person has been arrested and held in custody for investigation, they will either be:
- Charged/ alternate disposal
- released insufficient evidence (RIE)
- Released Under Investigation (RUI)
- Released on bail (S47/ 3PACE) or (S37PACE)
What is Section 47/3 PACE?
When the investigation is ongoing
Reasons for refusing to grant Bail?
Section 38 PACE
- Name and Address can’t be ascertained or reasonable grounds for doubting whether real
- RGB will fail to appear
- RGB necessary to prevent interference with justice or the investigation
- RGB to prevent committing further offences
- RGB for their own protection
- RGB necessary to prevent causing physical injury to any other person or causing loss or damage to property
- murder
What are the bail conditions?
- to live and sleep at a specified address
- to notify any change of address
- to report periodically to his/ her local police station
- restrictions from entering a certain area or building
- not to contact directly or indirectly the victim or any witness
- to surrender his/ her passport
- to abide by a curfew
- to provide a surety or security
What Is section 6 of the bail act?
Makes it an offence to fail, without reasonable cause, to surrender to bail. The burden of proof for showing ‘reasonable cause’ rests with the accused.
What is Section 7 Bail Act 1976?
Provides the power to arrest without a warrant a person released on bail in criminal proceedings who is duty bound to surrender to the custody of a court
RGB
What are the four steps of detaining and escorting to custody?
- Detain
- Transport
- Custody
- Disposal
What is a Section 54 Search?
Section 54 of PACE provides a power to search an arrested person on arrival at a police station. … After arrival and while at a police station both powers apply, but only to constables and designated detention officers by virtue of paragraph 26 of Schedule 4 to the Police Reform Act 2002.
