PACE 1984

Question 1

Code A (s1-7)

Answer 1

Stop and search

Question 2

Code C (s34-46)

Answer 2

Detention, treatment and questioning of suspects

Question 3

Code E (s53)

Answer 3

Recording interviews with suspects

Question 4

Code F

Answer 4

Visual recording of interviews with suspects

Question 5

Code G

Answer 5

Police of arrest

Question 6

Code H

Answer 6

Detention, treatment and questioning of terrorist suspects

Question 7

S56 PACE

Answer 7

Suspect has right to inform someone of their arrest

Question 8

S58 PACE

Answer 8

Right to legal advice

Question 9

6 hours

Answer 9

First review by custody officer

Question 10

36 hours

Answer 10

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

Question 10

24 hours

Answer 10

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

Question 11

96 hours

Answer 11

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

Question 12

R v Aspinall (1999)

Answer 12

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

Question 13

s76 PACE

Answer 13

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’

Question 14

ss54 and 55 PACE

Answer 14

Searches are authorised under this

Question 15

s62 PACE

Answer 15

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.

Question 16

Intimate search/sample

Answer 16

• 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]

Question 17

Criminal Justice and Public Order Act 1994

Answer 17

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

Question 18

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

Answer 18

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’

Question 19

R v Beckles (2004)

Answer 19

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

Question 20

s28(3) PACE

Answer 20

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

Question 21

s24(4) PACE

Answer 21

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

Question 22

R v Samuel (1988)

Answer 22

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

Question 23

R v Halliwell (2012)

Answer 23

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

Question 24

Taylor v Chief Constable of Thames Valley Police (2004)

Answer 24

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

Question 25

s78 PACE

Answer 25

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