Police Powers - Detention

Question 1

person must be brought to police station after arrest unless

Answer 1

• being searched
• being taken to premises to be searched
• being taken to place to check alibi

Question 2

can bring arrestee to any police station if they are being detained for

Answer 2

over 6hrs

Question 3

can only bring arrestee to designated police station if they are being detained for

Answer 3

less than 6 hrs

Question 3

what rank must custody officer be

Answer 3

sergeant or above

Question 4

what is the maximum period suspect can be kept in custody before being charged?

Answer 4

24hrs from arrival at police station

Question 4

conditions to extend detention beyond 24hrs

Answer 4

• superintendent
• can be extended by further 12 hrs
• max total detention is 36hrs
• indictable offence
• detention need to secure/preserve/obtain evidence

Question 4

does solicitor have right to view custody record

Answer 4

yes

Question 4

when do reviews of detention take place

Answer 4

First review is within 6 hrs of detention authorised
Further reviews are every 9hrs after first review

Question 5

when must authorisation to extend detention be given

Answer 5

before expiry of initial 24hrs but after the second review

Question 6

conditions to extend beyond 36hrs

Answer 6

• police must apply to MC for warrant

Question 7

what type of offences can suspect not have their detention extended?

Answer 7

summary-only offences

Question 8

how much more can MC extend detention after 36hrs

Answer 8

first application = further 36hrs
second application = further 36hrs
Max = 96hrs total

Question 9

what rights do suspects have in police custody

Answer 9

• 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

Question 10

when must detainee be reminded of right to free legal advice

Answer 10

before interviewing and before intimate searches

Question 11

conditions for delaying access to a solicitor

Answer 11

• 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

Question 12

how long can right of access to solicitor be delayed for

Answer 12

maximum 36hrs

Question 13

what happens if suspect interviewed without a solicitor

Answer 13

restrictions on the drawing of inferences at court

Question 14

when can right to have someone informed be exercised

Answer 14

when brought to police station and again every time suspect brought to a different police station

Question 15

right to an interpreter

Answer 15

where custody officer determines suspect requires an interpreter, they must be interviewed without one unless conditions to delay right satisfied

Question 16

caution

Answer 16

a person must be cautioned before they are asked any questions about their suspected involvement in an offence

Question 17

when should suspect be cautioned again?

Answer 17

at recommencement of interview after a break

Question 18

do solicitors have a right to get disclosure from police

Answer 18

no general right to disclosure other than a significant statement and custody record

Question 19

significant statements

Answer 19

one that appears capable of being used in evidence and any direct admissions of guilt

Question 20

fitness for interview

Answer 20

drink, drugs, illness or lack of understanding BUT superintendent can authorise an interview in these circumstances

Question 21

solicitor’s role in interview

Answer 21

• object to info that was undisclosed
• clarification
• inappropriate behaviour/ questioning
• break needed
• further advice to client

Question 22

confessions

Answer 22

admissible in evidence but can be excluded due to ‘oppression’ or ‘unreliability’ (court’s discretion not automatic exclusion)

Question 23

when do reviews of detention not need to be carried out

Answer 23

when suspect is being interviewed and review officer thinks carrying out review would prejudice the investigation