Police Poweres Detention Flashcards
What is the purpose of detention after arrest?
To allow the police to make further inquiries and ensure the safety of both the suspect and society.
Where must a suspect be taken after arrest?
To the nearest police station as soon as practicable.
Under which law are detention rights set out?
The Police and Criminal Evidence Act 1984 (PACE) and Code C of the Codes of Practice.
What are the three basic rights a suspect has at the police station?
The right to see the Codes of Practice, the right to have someone informed of their detention, and the right to independent legal advice.
Who is eligible for independent legal advice?
All detained suspects, usually through a duty solicitor, typically via telephone unless it’s a serious matter.
Can the right to have someone informed of detention be delayed?
Yes, in exceptional circumstances.
Who can authorize a delay to the right to have someone informed of detention?
A senior police officer.
Under what circumstances can the right to legal advice be delayed?
In cases involving serious offenses or national security.
Why might rights 2 and 3 (informing someone of detention and legal advice) be delayed?
To prevent interference with evidence, alerting accomplices, or other potential risks.
When must delayed rights be provided to a suspect?
As soon as the exceptional circumstances no longer apply.
How do the rights of individuals under 17 differ from adults?
They must have an appropriate adult present during interviews and other procedures.
Who qualifies as a vulnerable person in police custody?
Individuals under 17 or those with mental health issues or learning disabilities.
What additional rights do vulnerable individuals have?
The right to an appropriate adult to support them during detention and questioning.
Can someone under 17 be interviewed without an appropriate adult?
No, it is required by law.
Why are individuals under 17 given special protections?
To safeguard their rights and ensure fair treatment due to their age or mental state.
What is the custody clock?
A timeline that dictates review and maximum detention times.
When must the first review of detention take place?
6 hours from the start of detention.
When is the second review of detention required?
After 15 hours.
How often must detention be reviewed after 15 hours?
Every 9 hours.
What is the purpose of reviewing detention?
To assess whether it is necessary to keep the suspect detained.
What is the maximum detention time for most offenses?
24 hours.
Who can authorize an extension of detention up to 36 hours?
A senior officer, typically a superintendent or higher.
For how long can detention be extended with magistrate approval?
Up to 96 hours.
What types of offenses may require a 96-hour detention?
Serious offenses like violent crimes or complex investigations.
What is the maximum detention time for terrorism-related offenses?
Up to 14 days under the Terrorism Act 2000.
Who can a suspect complain to if their detention rights are violated?
The Independent Office for Police Conduct (IOPC).
What might happen if police exceed lawful detention time?
The suspect may claim false imprisonment, evidence obtained unlawfully may be excluded, and officers may face disciplinary action.
Why is it important to adhere to custody/detention times?
To protect suspects’ rights and ensure lawful detention practices.
What could be a consequence for not following the custody clock?
Potential civil lawsuits or claims against the police.
How can unlawful detention impact a case?
Evidence obtained during unlawful detention may be inadmissible in court.
What physical conditions must be provided to a detained suspect?
A heated, clean, lit, and ventilated cell.
How often should food and drink be provided?
Adequate food and drink must be provided within any 24-hour period.
How much rest is required in a 24-hour period?
Eight hours of rest.
What if the suspect requires medical attention?
Medical attention must be provided as necessary.
When is an interpreter required in custody?
If the suspect does not understand English or has a hearing impairment.
What legislation covers police interviews?
The Police and Criminal Evidence Act (PACE) and Code E of the Codes of Practice.
What must police do before interviewing a suspect?
Inform them of their rights, including the right to legal advice.
Why are interviews recorded?
To maintain a record for transparency and as evidence in court.
What is a suspect’s right during a police interview?
The right to remain silent, though silence may be used in court if relevant.
Can interviews be conducted at any time during detention?
No, they should not interfere with the suspect’s right to rest or welfare needs.
What is a non-intimate search?
A cursory or pat-down search to remove dangerous or prohibited items.
What can be searched for in a non-intimate search?
Items that could help the suspect escape or are related to the offense.
What is a strip search?
A search that involves the removal of more clothing, conducted only when necessary.
Where must a strip search take place?
In a private area with adequate privacy for the suspect.
Who can be present during a strip search?
Only authorized personnel directly involved in the search.
Who can conduct a strip search?
Trained police officers following specific guidelines.
What items are police looking for in a strip search?
Weapons, drugs, or other contraband relevant to the offense.
Can force be used in a strip search?
Only reasonable force, if absolutely necessary.
What are the limits on clothing removal during a strip search?
Only a limited amount of clothing can be removed at one time to maintain dignity.
What should happen if a suspect refuses a strip search?
Police may use reasonable force, as a last resort, to conduct the search.
What is an intimate search?
A highly invasive search of intimate areas for concealed items.
Who must authorize an intimate search?
A senior officer or judicial authority, depending on jurisdiction.
What items are police looking for in an intimate search?
Class A drugs, weapons, or other items related to serious offenses.
Where must an intimate search be conducted if for drugs?
In a hospital or similarly controlled environment.
Who can conduct an intimate search for Class A drugs?
Only qualified medical professionals.
What is a non-intimate sample?
Examples include fingerprints, hair, or DNA swabs from the mouth or hands.
Can non-intimate samples be taken without consent?
Yes, and reasonable force may be used to obtain them.
What is an intimate sample?
Samples such as blood, semen, or urine.
Can force be used to obtain an intimate sample?
No, consent is required for intimate samples.
Why might a non-intimate sample be taken?
To aid in identifying the suspect or linking them to a crime scene.
When must a suspect be informed of their right to legal advice?
Upon arrival at the police station or as soon as practicable.
How long can police detain a suspect before charging them with a minor offense?
Up to 24 hours.
What must police do every 6 hours during detention?
Review whether detention is still necessary.
What must happen if detention is extended beyond 24 hours?
A senior officer must authorize it, and it must be reviewed regularly.
When is a suspect entitled to food and drink?
Within each 24-hour period of detention.
If someone is detained without access to legal advice, is it lawful?
Only if exceptional circumstances apply, otherwise it’s unlawful.
Can a suspect refuse to provide fingerprints?
No, non-intimate samples like fingerprints can be taken without consent.
What if a suspect needs medical attention but it’s not provided?
This could be a breach of custody rights and may be challenged.
Can a detainee make a phone call during detention?
Yes, detainees generally have the right to inform someone of their detention.
Is solitary confinement allowed during police detention?
No, solitary confinement is not a standard practice in police detention.
Can a suspect remain silent during an interview?
Yes, they have the right to silence, though this can have implications in court.
What happens if a suspect asks for a lawyer during an interview?
The interview must be paused until legal representation is available.
Are suspects allowed to have a lawyer present during interviews?
Yes, they have the right to legal representation during questioning.
What must be done if a vulnerable suspect is being interviewed?
An appropriate adult must be present to support them.
How are interviews recorded?
Through audio or video to ensure a transparent record.
