Police Powers - Detention & Interrogation Flashcards
Explain Section 30 PACE?
The suspect must be taken to the police station as soon as possible after arrest unless they are required elsehwere
Explain Section 36 PACE?
On arrival at the station the custody officer decides whether there is enough evidence to charge the suspect
Explain Section 37 PACE?
If there is not sufficient evidence to charge a suspect, police will assess whether such evidence can be obtained through questioning, and if so, a suspect may be detained for these purposes. If not, the suspect should be released
Explain Section 40 PACE?
A person detained but not yet charged should have their detention reviewed after the first 6 hours and then every 9 hours after that
Explain section 41 PACE?
What act changed this?
Police can authourise detention without charge for up to 24 hours.
The CJA 2003 made it so detention can be authourised for up to 36 hours
Explain Section 44 PACE?
The maximum period of detention is 96 hours, on approval of magistrates
Explain section 54 PACE?
Police may conduct an ordinary search of an arrested person on arrival at the police station and sezie any item they beleive could be used by the suspect to cause physical injury, damage property, or interfere with evidence, or interfere with escape; or any item the constable has reasonable grounds for believing may be evidence relating to an offence
Explain section 60 PACE?
The police must make a record of the interview and keep it on file. Interviews should be tape-recorded. It has been found interviews can take place in places other than a police station
Explain Section 56 PACE?
The suspect has the right to have someone informed of their arrest. This right can be suspended for 36 hours if it is felt that the person informed may interfere with the investigation in some way
Explain section 58 PACE?
The suspect has the right to consult a solicitor privately and free of charge. Again this right can be suspect for up to 36 hours for reasons mentioned in s56.
Explain section 57 PACE?
Vulnerable suspects (those under 17 or mentally disabled) must have an appropiate adult with them during questioning. This right is in addition to the s58 right. The absence of such a persn may render any confession inadmissable in court
Explain Code C?
The suspect must be cautioned on arrest and before each interview. Suspects have right to read the code of practice. Code C also deals with conditions of detention. Suspects must be given adequate food, refreshment, sleep and breaks. The interview room must be adequately lit, heated and ventilated and suspect must be allowed to sit. interviews should not exceed two hours in length. Persons under the age if 16 should not be kept in police cells
