Paper 3.3c - Police Powers (Inside Station) Flashcards
What Act dictates the rights police have over a detainee inside the police station?
Police and Criminal Evidence Act 1984
s56 of PACE states what right for detainees? What limit is placed on this right?
Detainee has a right to have someone informed of their arrest, by phone call or other means.
However, police can suspend this right if they have grounds to believe that allowing the call can tip-off a co-conspirator.
s57 of PACE states what right for detainees?
Detainees under the age of 18 must have their parents contacted. If the parents are unreachable, a trained adult is appointed to look out for the child’s welfare.
s58 of PACE states what two rights for detainees?
Detainees have the right to a solicitor; if they cannot afford this, one must be provided for them.
Detainees are entitled to having their rights read to them, usually upon reaching the station.
In the case of Ibrahim, what right under Police Powers (Inside the Station) was suspended and for what purpose?
D’s right to a solicitor under s58 PACE 1984 was suspended as it was imperative that police had access to interview with d as soon as possible to prevent more bombings.
s76 of PACE states what right for detainees?
Evidence obtained through torture is inadmissible.
s78 of PACE states what right for detainees?
Evidence obtained while legal representation is being denied is inadmissible.
PACE Code C states what three rights for detainees?
D is allowed:
Food and drink,
8hrs of uninterrupted sleep,
Ventilated room.
s41 of PACE states what right for detainees?
D cannot be held for more than 24 hours w/o charge. This can be extended to 36 hours by the superintendent, or 96 hours by the Magistrates’ Court. Anyone held on suspected terror charges can be held for 2 weeks w/o charge.
Police can arrest people for breach of peace. What Act affords them this right and what constitutes a breach of peace?
Public Order Act 1936
E.G someone is likely to bring harm to another.
