Police powers and accountability in the UK (2): Arrest and Questioning (PACE ACT)

Question 1

Legal provision for arrest: What section of PACE outlines the conditions in which a constable can arrest without a warrant?

Answer 1

Section 24 (1-3) of PACE outlines under which conditions that a constable can arrest someone without a warrant.

Question 2

1. Powers of arrest : Pace Under what premises of the Section can a constanble arrest an indivdual without a warrant?

Section

Answer 2

• Arrests by a constable can be made without a warrant if the constanable suspects someone is about to commit or is comitting an offence

Question 3

1b.Powers of arrest : Under what reasoning does section 24(3) further permit constanables to carry out warrantless arrests?

Furthermore, what can reasonable grounds be based on?

Answer 3

• Section 24(3)(b) allows constansables to carry out warrantless arrests if there are reasonable grounds for suspicion
• Reasonable grounds can be based on small or even sparse information, as noted in Alanov v Chief constable of Sussex Police [2012]

Question 4

**Justifications of Arrest: What does section 24(5) outline in regards to arrests

Justifications of Arrest

Answer 4

* Section 24(5) outlines the reasons for arrest, including verifying identity and preventing loss or damage
* Under Section 24(5) (a) and (b): the police can arrest indivdials to verify indivduals real names and addresses
* Preventing loss of property under section 24(5)(c) and enabling effective investigations 24(5)(e) are also valid justifications for arrests

Question 5

Application of law for arrest: What does section 24(5)(F) of the PACE act outline in regards to necessities of arrests and what must the appliciation of law lead to?

Answer 5

• Necessities of arrest can be supported by the concerns about the suspects potentially disappearing
• The application of law must lead to a logical conclusion in regards to the legality of the arrest

Question 6

Police powers and risks: What is the central reason that the police can detain an indivdual for?

Answer 6

• The police can detain and indivdual for questioning which is crucial for investigations

Question 7

Police powers and risks: What are the key risks that can occur under questioning? In turn, why are safeguards essential

Answer 7

• The key risks of questioning include undue pressure and false confessions due to psychological vunerabilities
• Safe guards are essential to protect the ingerity of the criminal process

Question 8

Prequestioning and detention:What are the custody officiers responbilities during a detention?

Answer 8

• In accordance with s.36 of Pace, a custody officier must oversee the detention process
• Section 37(2) of PACE, asserts that the officer is responsible for the suspects rights and welfare admist their detention

Concerns arise aboiut the ability of a custody officer to protect suspects from police conduct

Question 9

Prequestioning and detention: What are the vunerabilities considerations that must occur during a detention?

Answer 9

• Custody officers have to assess the vunerability of detainess before questioning, specifically those with mental health issues and juveniles
• Under Code C.113(d), an apporiate adult must be present to safeguard the rights of the indivduals
• This is essential as vunerability can effect a persons ability to understand the arrests and dentention process

Question 10

Pre-charge detention- What is the legal framework that governs the pre-charge detention?

Answer 10

The pre-charge detention is governed by the pace act

Question 11

Pre-charge detention: What does section 41 of PACE allow in a Pre-charge detention? and under what circumstances can it be extended?

Answer 11

• Section 41 allows for the pre-charge detention of up to 24 hrs
• Under (s)41of PACE, the pre-charge detention can be extended up to 36 hours for indictable offences by a superintendent
• Under section 43 of PACE, further extensions can also be granted by a magistrates for 36 hours when justified

Question 12

What is the maximum dentention for suspects for pre-charge detention? What must they be informed of legally when this occurs?

Answer 12

• In accordance with section 43(4) maximum dentention period for pre-charge detention is 96 hours
• Detainees must be informed of any applications for further detention and are permitted to have legal representation

Question 13

Safeguards in detentions: What are the safeguards in detention that consitute the right to inform others?

Answer 13

• Section 56 of PACE permits that detainees to inform a friend or relative of their arrests
• Under Code C, Detainees can recieve visits and make phone calls, but calls may be monitered.

Question 14

Safeguards in detentions: What are the safeguards in detention that consitute the right to legal advice?

Answer 14

• Section 58 of PACE permits detainees to consult with a solicitor privately at any time-Murray v the UK [1996]
• Duty solictors are available 24/7, but the cuts to legal aid has reduced access to free legal advice
• The defence solictor call centre (DSCC) determines the nature of the legal advice provided.

Question 15

Interview procedures- What are the central Pre-interview procedures?

Answer 15

• Custody officers must apporiately assess with the officer in charge healthcare professionals, to determine if the detainee is fit to interview
• To determine if the detainee is fit, the custody officers must consider the detainess mental and physical health
• Under Code C 12.3, the C officer should not permit the to proceed if significant harm to the detainee is likely

Question 16

What are the central interview procedures?

Answer 16

• Under PACE Code 10.5, detainees must be cautioned at the starte of the interview “You do not have to say anything. but it may harm your defence (etc)”
• Under Code C, part 11, when conducting interviews, custody officers should neither try to obtain answers through oppression or suggests police outcomes based on answers during questioning (unless to answer a direct question). This is regardless of if the suspect answers questions, makes statement or does neither.

Question 17

Legal protections during interviews: What are the prohibited interview techniques?

Answer 17

• Under section 76(2) of PACE, confessions evidence obtained through opression or unreliable means are prohibited interview techniques
• Under Article 3 of the ECHR, opression can encompass toture, threats of violence and inhumane treatment

Question 18

Legal protections during interviews: What disclosures of evidence are the police requiste for the police to present and which other are not?

Answer 18

• The police cannot withold or mislead information that can help the suspect understandf their situation (R v Imran and Hussian [1997] and R v Roble [1997]
• Conversely, the police are not required to disclose all information aganist a suspect (R v W[2006)