Police Powers Detention

Question 1

What are the 4 key component of police powers detention

Answer 1

1.General detention
2. Interviews
3. Searches
4. Samples

Question 2

Where can general detention rights be found ?

Answer 2

in the Police and Criminal Evidence ACT 1984 (PACE) and the Codes of Practice – Code C.

Question 3

How often must the Custody/Detention Officer review the necessity of a suspect’s detention, starting from the initial detention?

Answer 3

The Custody/Detention Officer must review the suspect’s detention 6 hours from the start of detention, then after 15 hours, and subsequently every 9 hours to check if it is necessary to keep the suspect detained.

Question 4

24 Hours - Custody Time

Answer 4

Definition: Initial detention period after arrest.

Purpose: To ensure the arrested individual’s rights are protected.

Context: Typically associated with minor offenses or the preliminary stages of investigations.

Question 5

48 Hours - Custody Time

Answer 5

Definition: Extension of initial detention period.

Purpose: Allows additional time for questioning or investigation.

Requirement: Authorization from a judge or magistrate.

Context: Used for more serious offenses or complex investigations.

Question 6

96 Hours - Custody Time

Answer 6

Definition: Maximum extension of detention period.

Purpose: Reserved for the most serious offenses or exceptional circumstances.

Requirement: Permission from a higher court or authority.

Context: Granted under strict conditions with compelling reasons.

Key Conditions: Need to gather crucial evidence.
Ensuring public safety.

Question 7

what are the key rights of 24 hours custody time

Answer 7

Key Rights:

Right to be informed of charges.

Right to legal representation.

Right to apply for bail.

Question 8

what are the key rights of 48 hours custody time

Answer 8

Key Rights:
Continued access to legal representation.
Further questioning and evidence gathering.

Question 9

what are the key rights of 96 hours custody time

Answer 9

Key Rights:

Ongoing legal representation.

Regular reviews of the detention necessity.

Question 10

If the matter is terrorism related, what is the maximum detention time at the station

Answer 10

Terrorism Act 2000, the initial detention period without charge for a person suspected of involvement in terrorism-related activities can be up to 14 days.

Question 11

If the Custody/Detention clock is not adhered to, how does a suspect make a complaint - who do they complain to?

Answer 11

Typically, the complaint should be made to the relevant oversight body responsible for monitoring police conduct and handling complaints. This could be an independent police complaints commission, ombudsman, or similar authority tasked with investigating allegations of misconduct or breaches of procedure by law enforcement agencies.

Question 12

What does the Custody/Detention Officer oversee and ensure is provided.

Answer 12

1. Adequately heated, clean, lit and ventilated cell.
2. Adequate food and drinks in a 24 hour period.
3. Eight hours rest in any period of 24 hours.
4. Medical attention if required
5. Interpreter if required

Question 13

What are the three key pieces of legislation relevant to interviews

Answer 13

● Police and Criminal Evidence ACT 1984 (PACE),
● Codes of Practice – Code E
● Criminal Justice and Public Order Act

Question 14

what are the two types of searches

Answer 14

1. Non-intimate searches
2. Intimate searches

Question 15

What is a Non-intimate search

Answer 15

● A cursory/pat down search upon arrival – to remove dangerous or prohibited articles. Suspects possessions will be taken and a record made

● Strip searches

Question 16

Where must a strip search take place

Answer 16

In many jurisdictions, strip searches must take place in a private area that provides sufficient privacy to the individual being searched.

Question 17

Who is allowed to attend the strip search?

Answer 17

generally, only authorized personnel directly involved in the search should be present. This may include police officers conducting the search and, in some cases, a designated witness to ensure transparency and accountability.

Question 18

Who is permitted to undertake the strip search?

Answer 18

The strip search is typically undertaken by police officers who have received specific training in conducting such searches. These officers are expected to follow established procedures and guidelines to ensure that the search is conducted lawfully and respectfully.

Question 19

What are the police allowed to perform a strip search for?

Answer 19

Police officers are permitted to perform a strip search when they have reasonable grounds to believe that it is necessary to find evidence related to a specific offense. This may include searches for weapons, drugs, or other contraband.

Question 20

What are the rules on the amount of clothing that can be removed at one time?

Answer 20

the removal of clothing should be done incrementally. This means that clothing should be removed one piece at a time, and the individual should be allowed to replace each item before the next item is removed.

Question 21

What is an intimate search?

Answer 21

An intimate search is a highly invasive procedure that involves the examination of a person’s intimate areas, such as the genitalia, anus, or breasts. This type of search is conducted to find evidence of criminal activity, such as concealed weapons, drugs, or other contraband. Intimate searches are considered highly intrusive and are typically only authorized in specific circumstances where there are reasonable grounds to believe that it is necessary to conduct such a search.

Question 22

Who needs to authorize an intimate search?

Answer 22

The authorization for an intimate search varies depending on the jurisdiction and the circumstances of the search. In many cases, intimate searches require authorization from a senior officer or a judicial authority, such as a judge or magistrate. This additional level of authorization is intended to ensure that intimate searches are conducted only when absolutely necessary and that the rights and dignity of the individual being searched are respected to the greatest extent possible. The authorization process typically involves a review of the grounds for the search and consideration of less intrusive alternatives before granting permission for an intimate search to proceed.

Question 23

what are Non-intimate samples

Answer 23

Under the Police and Criminal Evidence Act 1984 (PACE), non-intimate samples refer to bodily samples that can be obtained without invasive procedures and generally involve less privacy intrusion compared to intimate samples.

Question 24

Examples of Non-intimate samples

Answer 24

Hair (Other than Pubic Hair)
Nail Samples
finger print
DNA
Saliva
Swabs from the Mouth

Question 25

What type of sample does not require consent

Answer 25

Non intimate samples

Question 26

What type of sample can only be taken by a medical professional

Answer 26

Intimate samples (Suspect consent is required and therefore no force can be used )

Question 27

what is a intimate sample

Answer 27

refers to a type of bodily sample that is considered particularly personal or intrusive. Intimate samples are subject to specific legal provisions and safeguards to protect individuals’ rights and dignity.

Question 28

examples of intimate samples

Answer 28

Blood
Semen
Urine
Pubic Hair