Police Powers- Detention And Questioning 😊

Question 1

Where can the rules for detention and questioning be found?

Answer 1

PACE sections 34-52= detention
PACE sections 53-65= questioning
Code of practice C

Question 2

Example of a case to explain fair and humane treatment in the police station

Answer 2

R VS Samuels- no access to legal advice

Question 3

Do you need consent off the person for:

• intimate drug search
• intimate search
• intimate sample
• non-intimate sample
• non-intimate search
• strip search

What consent is needed if none from the person?

Answer 3

Yes 
No
Yes 
No
No
No

A person of a rank of an inspector or above must authorise it- reasonable grounds

Question 4

Who can carry out an intimate drugs search and where?

3 key points

Answer 4

A medical professional of same sex

In a place of medical background e.g. Hospital

Question 5

Difference between strip search and intimate search

Answer 5

Strip search is the removal of clothes

Intimate search is the physical examination of orifices ( exc mouth)

Question 6

Rights of the individual when in detention. X6

Answer 6

1. Right to legal advice
2. Right to someone informed of the arrest
3. Right to food and drink
4. Right to 8 hours sleep if overnight stay
5. Right to breaks/ exercise
6. Right to a clean cell

Question 7

Do police have to tape record interviews? If so why?

Answer 7

Yes as it provides further evidence to be used in court

Question 8

Can fingerprints be taken by force?

Answer 8

Yes as they aren’t intimate- reasonable force

Question 9

Time allowed in detention for a suspected terrorist?

Answer 9

14 days

Question 10

Time allowed for a minor offence?

Answer 10

6 hours

24 hours if necessary

Question 11

Time allowed for indictable offence at first with no appeal or authorisation?

Answer 11

36 hours

Then apply to magistrates for further time

Question 12

If under the age of 17 who must be present?

Answer 12

An appropriate adult

Question 13

Can an interview begin without a solicitor if urgent?

Answer 13

Yes

Question 14

What is the job of a custody officer?

Answer 14

To create a custody record and to ensure the suspect knows their basic human rights

Question 15

What is the right to silence and which act has made it better for the police?

Answer 15

The suspect may remain silence during the interview and this can be mentioned in the court against them to prove the defendants guilt

Criminal justice and public order act 1994