Police Powers

Question 1

What is detention under the Police and Criminal Evidence Act (PACE) 1984?

Answer 1

Detention without charge requires a police officer to demonstrate legal authority and lawful exercise of that power.

Question 2

What mnemonic can be used to consider police powers under PACE?

Answer 2

PACE:
P: Identify the power
A: Legal authority granting the power
C: Criteria met?
E: How was the power exercised?

Question 3

What is the usual action following an arrest?

Answer 3

A person must be taken to a police station as soon as practicable, unless immediate investigations require otherwise.

Question 4

What are some exceptions to being taken to a police station after arrest?

Answer 4

Exceptions include being searched, taken to premises being searched, or checking an alibi.

Question 5

What happens when a detainee arrives at the police station?

Answer 5

The detainee sees the custody officer, is informed of their rights, has non-intimate samples taken, and may consult a solicitor.

Question 6

What is the role of the custody officer?

Answer 6

The custody officer is responsible for the handling and welfare of suspects in detention and must be at least a sergeant.

Question 7

What must the custody officer do upon arrival of a detainee?

Answer 7

Explain the reason for arrest, authorise detention, inform the detainee of their rights, and ensure welfare.

Question 8

What is required in the custody record?

Answer 8

The record must include the reason for arrest, circumstances of the arrest, necessity of arrest, and detainee comments.

Question 9

What is the process for reviewing detention?

Answer 9

Reviews must occur every six hours, conducted by an officer of at least inspector rank, ensuring grounds for detention still exist.

Question 10

What is the maximum period of detention without charge?

Answer 10

The maximum period is 24 hours from the relevant time, which is when the suspect arrives at the police station.

Question 11

How can detention be extended beyond 24 hours?

Answer 11

Detention can be extended for an additional 12 hours with authorisation from a superintendent under specific criteria.

Question 12

What is required for further detention beyond 36 hours?

Answer 12

Application to a magistrates’ court for a warrant of further detention is required, with specific criteria to be met.

Question 13

What are the relevant times for detention limits?

Answer 13

The relevant times are 24 hours, 36 hours, and up to 96 hours for indictable offences.

Question 14

What rights does a detained person have?

Answer 14

Rights include consulting a solicitor, having someone informed of their arrest, and consulting the Codes of Practice.

Question 15

What is the right to consult a solicitor under PACE?

Answer 15

The right to free and independent legal advice must be communicated before interviews or intimate searches.

Question 16

Under what circumstances can the right to consult a solicitor be delayed?

Answer 16

Delay is allowed if the suspect is detained for an indictable offence and a superintendent grants written authority.

Question 17

What is the right to have someone informed of the arrest?

Answer 17

An arrested person has the right to have a friend or relative informed of their arrest as soon as practicable.

Question 18

What criteria must be met to delay the right to inform someone of the arrest?

Answer 18

The person must be in detention for an indictable offence, and specific grounds must be documented.

Question 19

What right does an arrested person have regarding notification of their arrest?

Answer 19

An arrested person has the right to have a friend, relative, or other person informed that they are under arrest. This right is at public expense.

Question 20

When can the right to inform someone of an arrest be delayed?

Answer 20

The right can be delayed if the necessary criteria under s.56 PACE are met.

Question 21

What are the criteria to delay the right to inform someone of an arrest?

Answer 21

1. The person must be in detention for an indictable offence.
2. Authority to delay must be granted in writing by a police officer of at least the rank of inspector.
3. The inspector must have reasonable grounds to believe that exercising the right will lead to interference with evidence, harm to others, alerting other suspects, or hindering property recovery.

Question 22

What is the maximum duration for delaying the right to inform someone of an arrest?

Answer 22

The right can only be delayed for a maximum of 36 hours.

Question 23

Who must be present for a person under 18 at the police station?

Answer 23

An appropriate adult must be present.

Question 24

Who can act as an appropriate adult for a young detainee?

Answer 24

1. A parent.
2. A guardian.
3. A representative of the care authority or voluntary organization.
4. A social worker.
5. Any person aged 18 or over who is not a police officer or police employee.

Question 25

Who cannot act as an appropriate adult?

Answer 25

A solicitor/legal representative attending the police station for the suspect cannot act as the appropriate adult.

Question 26

What is the role of the appropriate adult?

Answer 26

The role is to ensure the detained person understands what is happening, support and assist them, observe police conduct, assist communication, and protect their rights.

Question 27

When can a young or mentally vulnerable detainee be interviewed without an appropriate adult?

Answer 27

They can be interviewed without an appropriate adult if delay would likely lead to interference with evidence, harm to others, serious property loss, alerting other suspects, or hindering property recovery.

Question 28

What is required if a suspect needs an interpreter?

Answer 28

An interpreter must be present unless authorized by an officer of the rank of superintendent or above, who believes that delaying the interview will lead to interference with evidence or harm.

Question 29

What does COP C 8 state about conditions of detention?

Answer 29

Conditions include not more than one detainee per cell, adequate heating, cleaning, ventilation, bedding, toilet and washing facilities, replacement clothing, and meals provided.

Question 30

What are the rights of a suspect being detained by the police?

Answer 30

1. The right to consult privately with a solicitor.
2. The right to have someone informed of their arrest.
3. The right to consult the Codes of Practice.

Question 31

What is the definition of an interview according to PACE?

Answer 31

An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence.

Question 32

What must happen before an interview is conducted?

Answer 32

The person must be cautioned before being asked any questions about their suspected involvement in an offence.

Question 33

What are the police rankings relevant to authority?

Answer 33

1. Constable
2. Sergeant
3. Inspector
4. Chief Inspector
5. Superintendent
6. Chief Superintendent

Question 34

Who is the Investigating Officer (IO)?

Answer 34

The IO can be a police officer of any rank, usually in charge of investigating the offence, and is the officer the suspect’s legal representative would speak to for pre-interview disclosure.

Question 35

Where should an interview be conducted?

Answer 35

An interview should be conducted at a police station or other authorized place of detention unless delay would likely lead to interference with evidence, harm to others, serious property loss, or alerting other suspects.

Question 36

What must be disclosed to a solicitor before an interview?

Answer 36

A solicitor must be given sufficient information to understand the nature of the offence and why their client is suspected of committing it.

Question 37

What is the general rule for recording interviews?

Answer 37

All interviews must be contemporaneously recorded, and interviews under caution for indictable offences must be audio recorded.

Question 38

What is the fitness for interview requirement?

Answer 38

No person should be interviewed if they cannot appreciate the significance of the questions or understand what is happening due to drink, drugs, or any condition.

Question 39

What is the purpose of an interview?

Answer 39

The purpose is to gather evidence, and solicitors should intervene if inappropriate questioning techniques are used.

Question 40

What can lead to the exclusion of confession evidence?

Answer 40

Confessions can be excluded under s.76 PACE for oppression or unreliability, and under s.78 PACE for adverse effects on fairness.