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CRIM > police powers (PACE) > Flashcards

police powers (PACE) Flashcards

1
Q

exam structure for answer

A 
PACE
Power
Authority (legal - COP, PACE)
Criteria (met on facts?) 
Exercise of power (done properly?)
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2
Q

ranking of police officers/detective

A

first part = detective/officer
second part = important…

Lowest to Highest

  1. constable
  2. sergeant
  3. inspector
  4. chief inspector
  5. superintendant
  6. chief superintendant
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3
Q

power of arrest (only thing not in statute)

A

E - take to police station as soon as possible after arrest

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4
Q

power of arrest (conclusion - what if arrest is unlawful?)

A

defence can challenge admissibility of any prosecution evidence obtained following these failures

s. 76 PACE - admissibility of confession evidence
s. 78 - admissibility of any other evidence

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5
Q

Lewis v Chief Constable of South Wales

A

arrest is not lawful because of procedural irregularities

–> CAN BE SUBSEQUENTLY RENDERED LAWFUL by correction of defective part of arrest procedure

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6
Q

IF RIGHTS WHEN IN DETENTION

A

set out the right first

THEN SET OUT POLICE POWER

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7
Q

s.56 - right to inform someone of arrest

EXERCISE

A
  1. delay must be proportionate and last no longer than necessary (up to max. 36 hours)
  2. suspect must be informed of (reason for) delay and
  3. any authorisation must be in writing
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8
Q

s.58 - right to consult a solicitor privately at any time

EXERVISE

A
  1. delay must be proportionate and last no longer than necessary (up to max. 36 hrs)
  2. suspect must be informed of reason for delay
  3. any authorisation must be in writing (s.58(7))
  4. must offer another solicitor
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9
Q

why is s.58 so important?

A

it is a fundamental right in this country to have access to a solicitor a the police station (only legal aid with no means or merits testing)

  • reflected in criteria (superintendent, reasonable grounds)
  • must believe solicitor will pervert the course of justice

IN REALITY, for reasonable grounds, solicitor must have done one of the consequences in the past (v. strict)

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10
Q

Role of custody officer

A

s. 37, COP C 2,3, 4
1. decide if SUFFICIENT EVIDENCE TO CHARGE
2. AUTHORISE DETENTION OF SUSPECT
3. RESPONSIBLE FOR WELFARE OF DETAINEE

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11
Q

Role of custody officer - SUFFICIENT EVIDENCE TO CHARGE?

A
  • if yes, charge + consider bail

- if no, only detain if reasonable grounds…

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12
Q

role of custody officer - AUTHORISE DETENTION OF SUSPECT

A
  • authorise detention
  • open custody report
  • inform detainee of reason for arrest and detention
  • advise detainee of rights (s.56 notify someone of arrest, s.58, right to consult COP)
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13
Q

role of custody officer - responsible for welfare of detainee

A
  • risk assessment (COP C 3.6-8)
  • special arrangements if necessary (COP C 3.12-20)
  • e.g. interpreteors
  • deal with detainee’s property (COP C 4)
  • contact healthcare professionals (COP C 9)
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14
Q

custody report

A

must be opened ASAP for each detainee
- all information required to be recorded under COP C must be recorded in custody report (COP C 2.1)

Info includes:

  1. requirement to inform person of reason for his arrest
  2. circumstances of arrest
  3. why arrest was necessary
  4. comments made by arrested person

legal representative MUST look at the record (contains everything that has happened and everything said to or by the detainee) = COP C 2.4 (can do this)

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15
Q

detainee’s right to reviews of detention (s.40)

A

Review officer must

  • determine if still necessary to detain suspect (COP C 15.1)
  • if grounds for detention still exist
  • at least INSPECTOR and not involved in investigation

Must be done:

  • first time = 6hrs after detention aws authorised
  • every 9hrs (s.40(3))
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16
Q

RIGHT TO DELAY THE RIGHT TO REVIEW OF DETENTION (S.40(4))

A

Criteria - possible if:

  • review not practicable
  • detained person being interviewed
  • no review officer readily available (busy not valid reason)

Exercise -

  • done ASAP after latest time specified for the review
  • can be by phone
17
Q

voluntary vs arrest

A

detention clock starts running on ARRIVAL AT POLICE STATION UNDER ARREST

  • does not start running if you arrive at police station and are not under arrest (i.e. voluntary) = detention clock doesn’t start running yet
  • if voluntary liberty not taken from you so can leave when you want
18
Q

time limits on periods of detention (detainee’s rights)

A

time limits on length of time in detention pre-charge (“detention clock”)

s. 41 = max. is 24 hrs from relevant time
- after 24 hours must charge or release)

UNLESS: police power to extend time of detention (s.42, s.43, s.44)

19
Q

RELEVANT TIME

A

Time of arrival at police station under arrest (s.42(2)(a)(i)) NOT time detention authorised

20
Q

s.42

A

another 12 hours of detention added

21
Q

s.42 - exercise

A
  1. authority to extend given BEFORE expiry of initial 24 hours (but after 2nd review occurred - so 15hrs)
  2. grounds for extension explained to suspect and noted in custody report
  3. suspect and/or his solicitor allowed to make representations
22
Q

s.43 - what right to police?

A

can apply to magistrates court for warrant of further detention

s. 43 –> warrant can authorise continued detention for a further 36 hours on first application (s.43)
s. 44 –> 2nd application, warrant authorises another 24 hours (up to max. of 96 hours)

23
Q

s.43 - criteria

A

s. 42 criteria PLUS:

s. 43(4)

24
Q

s.44 criteria

A

same as s.43

NB. S.44 is for VERY serious crimes

25
Q

INTIMATE SAMPLES (criteria)

A

criteria (not in statute)

- warned that failure to consent can be given as evidence in court

26
Q

INTIMATE SAMPLES (exercise)

A

inform detainee
- reason for sample

  • authorisation and legal authority
  • if refuse without good cause, his refusal can harm his case if it comes to trial (if innocent - why refuse, intimate sample only taken if it proves/disproves his involvement)
  • informed sample may be subject to speculative search
  • grounds, authorisation, consent noted in custody record

only FME can take sample

27
Q

intimate samples - does it have probative value

A

be careful - exam always tries to trick people

MUST CONFIRM OR DENY THE OFFENCE (not the presence of detainee being there!)

E.g. if rape and issue is consent, then sample of semen only proves sex, not consent

28
Q

non-intimate samples - exercise

A

inform detainee (COP D 6.8)

  • reason for sample
  • power and authority
  • sample/information derived from it can be subject to speculative search
  • sample/information derived can be retained
29
Q

interview definition

A

COP C 10.1

30
Q

Provisions for interview

A
  • under caution (COP C 10.1)
  • only at police station unless COP 11.1(a)-(c) applies
  • reminded of right to legal advice
  • accurate record made (COP C 11.7)

IF NOT FOLLOWED - court may subsequently take the view that interview was conducted unlawfully and any evidence obtained may be excluded (s.76, s.78)

CRIM (7 decks)

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