PACE 1984 Flashcards

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1
Q

Code A (s1-7)

A

Stop and search

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2
Q

Code C (s34-46)

A

Detention, treatment and questioning of suspects

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3
Q

Code E (s53)

A

Recording interviews with suspects

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4
Q

Code F

A

Visual recording of interviews with suspects

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5
Q

Code G

A

Police of arrest

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6
Q

Code H

A

Detention, treatment and questioning of terrorist suspects

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7
Q

S56 PACE

A

Suspect has right to inform someone of their arrest

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8
Q

S58 PACE

A

Right to legal advice

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9
Q

6 hours

A

First review by custody officer

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10
Q

36 hours

A

Police may apply to magistrates to extend the period of detention for an indictable offence

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10
Q

24 hours

A

The general rule for detaining a suspect
Summary offence:- must charge or release the suspect
Indictable offence: after 24 hours, permission of a superintendent or above is needed to extend the detention to 36 hours

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11
Q

96 hours

A

Maximum time for detaining an arrested person the police must either release or charge the suspect

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12
Q

R v Aspinall (1999)

A

The COA ruled that a defendant who suffered from schizoprenia should have had an appropriate adult present when interviewed by police

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13
Q

s76 PACE

A

States that the court shall not allow statements that have been obtained through oppression to be used as evidence. Oppression is defined as including ‘torture, inhumane or degrading treatment and the use or threat of violence’

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14
Q

ss54 and 55 PACE

A

Searches are authorised under this

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15
Q

s62 PACE

A

a high ranking officer can authorise an intimate search if there is reason to believe that the suspect has with an item that could be used to cause physical injury to themselves or others or if they possess a Class A drug.

16
Q

Intimate search/sample

A
  • Sample of blood, semen, urine or pubic hair
  • dental impression
  • swab taken for a person’s genitals or body orifice
    [only taken on reasonable grounds of suspecting]
17
Q

Criminal Justice and Public Order Act 1994

A

A suspect could refuse to answer any questions without any adverse conclusion being drawn on their silence if the case came to trial

18
Q

ss34-39 of the Criminal Justice and Public Order Act 1994

A

Puts limit on the right to silence
‘You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court’

19
Q

R v Beckles (2004)

A

it was held that a jury should be told that no adverse inference should be drawn where a defendant ‘reasonable and genuinely’ relies on a solicitor’s advice to remain silent in an interview

20
Q

s28(3) PACE

A

No arrest is lawful unless the arrested person is given the grounds at the time of, or as soon as reasonably practicable after, the arrest , and this applies even if the grounds for arrest are obvious

21
Q

s24(4) PACE

A

States that an arresting officer can arrest only if they have reasonable grounds for believing that it is necessary to make the arrest

22
Q

R v Samuel (1988)

A

It would only be on rare occasions that the police could delay a suspect’s right to legal advice

23
Q

R v Halliwell (2012)

A

Information given in an interview away from the police station should not be admissible in court

24
Q

Taylor v Chief Constable of Thames Valley Police (2004)

A

Case law on the test for telling the suspect they are under arrest: Could they understand the legal and factual grounds for their arrest?

25
Q

s78 PACE

A

Statutory authority for the trial judge to refuse to admit evidence obtained through breaches of PACE