Police Powers (D's rights) Flashcards
CO requirements
- Sergeant
- Not involved in investigating offence
Grounds for authorising D’s detention
- Sufficient evidence to charge; or
- Insufficient evidence to charge but detain to secure / preserve evidence or obtain evidence by questioning
What should D be advised of when detention is authorised?
- Right to ILA
- right to inform someone of arrest
- right to consult codes of practice
- reasons for arrest
What info should the custody record contain?
- Grounds for arrest
- Everything said to D and Comments made by D
- Circumsstances of D’s arrest
- D’s response to rights
Reviews
- Frequency
- Who
- Purpose
Frequency
- First Review: 6 hours from authorisation
- Future reviews: 9 hours from prior review
Who
- Inspector + not CO + not involved in offence
Purpose:
- check grounds exist (secure evidence / question D)
- inform D of right to ILA + given chance to make reps unless asleep or unfit
Detention time limits
24 hours
Further 12 hours if: SI + writing + grounds exist + dligently and expeditiously
Further 36 hours if: Mags + justified (grounds + diligently and expetitiously)
Further 24 hours if: as above
Right to consult privately with soliciotr and free ILA
- When must police tell D of right
- Grounds for delay
When?
- arrival
- reviews
- start and recommencing any interview
- ID procedure
- Intimate search
Delay up to 36 hours from time of arrival if:
- Indictable
- SI in writing
- grounds to beleive specific solicitor will interfere (very probable)
Right to have someone informed of arrest
- When
- Delay
When: arrival + everytime move police station
Delay: up to 36 hours from arrival if:
- indictable
- Inspector + writing
- reasonable grounds to believe named person will harm or interfere
- delay is proportionate and no longer than necessary (e.g. once search is conducted D should be allowed to make the call)
When can an interview take place without an AA
- SI + writing
- Would not significantly harm D’s mental or physical state
- Delay would carm to propety, people etc. (i.e. interview is urgent)
- Interview ends once the infomration to avert risk has been obtained
Interviews and PACE rules
Interview: questioning D about involvement in criminal offence
- Right to ILA (D must be reminded and interview should be postponed if D wants. it)
- Caution (at start and every recommencing)
- At police station (unless delay is liekly to cause harm, alert suspects or hinder recovery)
- Recorded (audio) - writing only if before arrest + not at police station + minor offence
- Fit for interview (delay if intoxicated ill and cannot appreciate sig of questions UNLESS authorised by SI)
Confessions
Admissible UNLESS
1. Obtained through oppression
2. Unreliable
3. Adverse effect on proceedings
