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Law Unit 3 Police Powers Activity 1 > Police Poweres Detention > Flashcards

Police Poweres Detention Flashcards

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1
Q

What is the purpose of detention after arrest?

A

To allow the police to make further inquiries and ensure the safety of both the suspect and society.

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2
Q

Where must a suspect be taken after arrest?

A

To the nearest police station as soon as practicable.

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3
Q

Under which law are detention rights set out?

A

The Police and Criminal Evidence Act 1984 (PACE) and Code C of the Codes of Practice.

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4
Q

What are the three basic rights a suspect has at the police station?

A

The right to see the Codes of Practice, the right to have someone informed of their detention, and the right to independent legal advice.

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5
Q

Who is eligible for independent legal advice?

A

All detained suspects, usually through a duty solicitor, typically via telephone unless it’s a serious matter.

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6
Q

Can the right to have someone informed of detention be delayed?

A

Yes, in exceptional circumstances.

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7
Q

Who can authorize a delay to the right to have someone informed of detention?

A

A senior police officer.

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8
Q

Under what circumstances can the right to legal advice be delayed?

A

In cases involving serious offenses or national security.

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9
Q

Why might rights 2 and 3 (informing someone of detention and legal advice) be delayed?

A

To prevent interference with evidence, alerting accomplices, or other potential risks.

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10
Q

When must delayed rights be provided to a suspect?

A

As soon as the exceptional circumstances no longer apply.

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11
Q

How do the rights of individuals under 17 differ from adults?

A

They must have an appropriate adult present during interviews and other procedures.

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12
Q

Who qualifies as a vulnerable person in police custody?

A

Individuals under 17 or those with mental health issues or learning disabilities.

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13
Q

What additional rights do vulnerable individuals have?

A

The right to an appropriate adult to support them during detention and questioning.

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14
Q

Can someone under 17 be interviewed without an appropriate adult?

A

No, it is required by law.

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15
Q

Why are individuals under 17 given special protections?

A

To safeguard their rights and ensure fair treatment due to their age or mental state.

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16
Q

What is the custody clock?

A

A timeline that dictates review and maximum detention times.

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17
Q

When must the first review of detention take place?

A

6 hours from the start of detention.

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18
Q

When is the second review of detention required?

A

After 15 hours.

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19
Q

How often must detention be reviewed after 15 hours?

A

Every 9 hours.

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20
Q

What is the purpose of reviewing detention?

A

To assess whether it is necessary to keep the suspect detained.

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21
Q

What is the maximum detention time for most offenses?

A

24 hours.

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22
Q

Who can authorize an extension of detention up to 36 hours?

A

A senior officer, typically a superintendent or higher.

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23
Q

For how long can detention be extended with magistrate approval?

A

Up to 96 hours.

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24
Q

What types of offenses may require a 96-hour detention?

A

Serious offenses like violent crimes or complex investigations.

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25
Q

What is the maximum detention time for terrorism-related offenses?

A

Up to 14 days under the Terrorism Act 2000.

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26
Q

Who can a suspect complain to if their detention rights are violated?

A

The Independent Office for Police Conduct (IOPC).

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27
Q

What might happen if police exceed lawful detention time?

A

The suspect may claim false imprisonment, evidence obtained unlawfully may be excluded, and officers may face disciplinary action.

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28
Q

Why is it important to adhere to custody/detention times?

A

To protect suspects’ rights and ensure lawful detention practices.

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29
Q

What could be a consequence for not following the custody clock?

A

Potential civil lawsuits or claims against the police.

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30
Q

How can unlawful detention impact a case?

A

Evidence obtained during unlawful detention may be inadmissible in court.

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31
Q

What physical conditions must be provided to a detained suspect?

A

A heated, clean, lit, and ventilated cell.

32
Q

How often should food and drink be provided?

A

Adequate food and drink must be provided within any 24-hour period.

33
Q

How much rest is required in a 24-hour period?

A

Eight hours of rest.

34
Q

What if the suspect requires medical attention?

A

Medical attention must be provided as necessary.

35
Q

When is an interpreter required in custody?

A

If the suspect does not understand English or has a hearing impairment.

36
Q

What legislation covers police interviews?

A

The Police and Criminal Evidence Act (PACE) and Code E of the Codes of Practice.

37
Q

What must police do before interviewing a suspect?

A

Inform them of their rights, including the right to legal advice.

38
Q

Why are interviews recorded?

A

To maintain a record for transparency and as evidence in court.

39
Q

What is a suspect’s right during a police interview?

A

The right to remain silent, though silence may be used in court if relevant.

40
Q

Can interviews be conducted at any time during detention?

A

No, they should not interfere with the suspect’s right to rest or welfare needs.

41
Q

What is a non-intimate search?

A

A cursory or pat-down search to remove dangerous or prohibited items.

42
Q

What can be searched for in a non-intimate search?

A

Items that could help the suspect escape or are related to the offense.

43
Q

What is a strip search?

A

A search that involves the removal of more clothing, conducted only when necessary.

44
Q

Where must a strip search take place?

A

In a private area with adequate privacy for the suspect.

45
Q

Who can be present during a strip search?

A

Only authorized personnel directly involved in the search.

46
Q

Who can conduct a strip search?

A

Trained police officers following specific guidelines.

47
Q

What items are police looking for in a strip search?

A

Weapons, drugs, or other contraband relevant to the offense.

48
Q

Can force be used in a strip search?

A

Only reasonable force, if absolutely necessary.

49
Q

What are the limits on clothing removal during a strip search?

A

Only a limited amount of clothing can be removed at one time to maintain dignity.

50
Q

What should happen if a suspect refuses a strip search?

A

Police may use reasonable force, as a last resort, to conduct the search.

51
Q

What is an intimate search?

A

A highly invasive search of intimate areas for concealed items.

52
Q

Who must authorize an intimate search?

A

A senior officer or judicial authority, depending on jurisdiction.

53
Q

What items are police looking for in an intimate search?

A

Class A drugs, weapons, or other items related to serious offenses.

54
Q

Where must an intimate search be conducted if for drugs?

A

In a hospital or similarly controlled environment.

55
Q

Who can conduct an intimate search for Class A drugs?

A

Only qualified medical professionals.

56
Q

What is a non-intimate sample?

A

Examples include fingerprints, hair, or DNA swabs from the mouth or hands.

57
Q

Can non-intimate samples be taken without consent?

A

Yes, and reasonable force may be used to obtain them.

58
Q

What is an intimate sample?

A

Samples such as blood, semen, or urine.

59
Q

Can force be used to obtain an intimate sample?

A

No, consent is required for intimate samples.

60
Q

Why might a non-intimate sample be taken?

A

To aid in identifying the suspect or linking them to a crime scene.

61
Q

When must a suspect be informed of their right to legal advice?

A

Upon arrival at the police station or as soon as practicable.

62
Q

How long can police detain a suspect before charging them with a minor offense?

A

Up to 24 hours.

63
Q

What must police do every 6 hours during detention?

A

Review whether detention is still necessary.

64
Q

What must happen if detention is extended beyond 24 hours?

A

A senior officer must authorize it, and it must be reviewed regularly.

65
Q

When is a suspect entitled to food and drink?

A

Within each 24-hour period of detention.

66
Q

If someone is detained without access to legal advice, is it lawful?

A

Only if exceptional circumstances apply, otherwise it’s unlawful.

67
Q

Can a suspect refuse to provide fingerprints?

A

No, non-intimate samples like fingerprints can be taken without consent.

68
Q

What if a suspect needs medical attention but it’s not provided?

A

This could be a breach of custody rights and may be challenged.

69
Q

Can a detainee make a phone call during detention?

A

Yes, detainees generally have the right to inform someone of their detention.

70
Q

Is solitary confinement allowed during police detention?

A

No, solitary confinement is not a standard practice in police detention.

71
Q

Can a suspect remain silent during an interview?

A

Yes, they have the right to silence, though this can have implications in court.

72
Q

What happens if a suspect asks for a lawyer during an interview?

A

The interview must be paused until legal representation is available.

73
Q

Are suspects allowed to have a lawyer present during interviews?

A

Yes, they have the right to legal representation during questioning.

74
Q

What must be done if a vulnerable suspect is being interviewed?

A

An appropriate adult must be present to support them.

75
Q

How are interviews recorded?

A

Through audio or video to ensure a transparent record.

Law Unit 3 Police Powers Activity 1 (3 decks)

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