Police Powers - Detention Flashcards
person must be brought to police station after arrest unless
- being searched
- being taken to premises to be searched
- being taken to place to check alibi
can bring arrestee to any police station if they are being detained for
over 6hrs
can only bring arrestee to designated police station if they are being detained for
less than 6 hrs
what rank must custody officer be
sergeant or above
what is the maximum period suspect can be kept in custody before being charged?
24hrs from arrival at police station
conditions to extend detention beyond 24hrs
- superintendent
- can be extended by further 12 hrs
- max total detention is 36hrs
- indictable offence
- detention need to secure/preserve/obtain evidence
does solicitor have right to view custody record
yes
when do reviews of detention take place
First review is within 6 hrs of detention authorised
Further reviews are every 9hrs after first review
when must authorisation to extend detention be given
before expiry of initial 24hrs but after the second review
conditions to extend beyond 36hrs
- police must apply to MC for warrant
what type of offences can suspect not have their detention extended?
summary-only offences
how much more can MC extend detention after 36hrs
first application = further 36hrs
second application = further 36hrs
Max = 96hrs total
what rights do suspects have in police custody
- right to consult privately with solicitor & availability of free independent legal advice
- right to have someone informed of their arrest
- right to consult Codes of Practice
when must detainee be reminded of right to free legal advice
before interviewing and before intimate searches
conditions for delaying access to a solicitor
- indictable offence
- authority to delay must be in writing by superintendent
- access to solicitor will case interference/ harm to evidence/others or alerting suspects or hinder recovery of property
how long can right of access to solicitor be delayed for
maximum 36hrs
what happens if suspect interviewed without a solicitor
restrictions on the drawing of inferences at court
when can right to have someone informed be exercised
when brought to police station and again every time suspect brought to a different police station
right to an interpreter
where custody officer determines suspect requires an interpreter, they must be interviewed without one unless conditions to delay right satisfied
caution
a person must be cautioned before they are asked any questions about their suspected involvement in an offence
when should suspect be cautioned again?
at recommencement of interview after a break
do solicitors have a right to get disclosure from police
no general right to disclosure other than a significant statement and custody record
significant statements
one that appears capable of being used in evidence and any direct admissions of guilt
fitness for interview
drink, drugs, illness or lack of understanding BUT superintendent can authorise an interview in these circumstances
