Police Powers To Detain Under PACE Flashcards
Which act amended PACE
Serious organised crime and police act
Where are the powers found
PACE
Who amended PACE
Criminal justice act
Guidance to PACE is given under this act in the codes of practice
A
Who must inform the suspect of their rights ASAP
Custody officer
The suspect must be CCISS(ed)
Cautioned Codes of practice (simplified) (Right to) Inform friends and family (Remain) silent (Right to) solicitors / free legal advice
Under which act can a suspect remaining silent be a deduction of guilt
Criminal justice and public order
Which case showed legal advice must be given or the case may be quashed
R v grant
What must be in the police station in relation to free legal advice
Posters and suspect must be informed in writing
Who governs the right to free legal aid
Law society
In indictable offences the suspects rights to be CCISS(ed) may be delayed for how long
36 hours
Who can delay the rights of a suspect
Senior officer
Why might rights be delayed
If suspect is likely to inform associates or prevent justice
This case shows it’s very rare that rights might be delayed
R v Samuel
Who must keep a written record of all events that happen
Custody officer
Who must review that it is justifiable to keep the suspect detained
Custody officer
After how long must the first review take place
6 hours
After how long must subsequent reviews take place
9 hours
How long can someone be held for a summary offence
24 hours
With this persons permission for indictable offences suspects can be held for
Senior officers permission 36 hours
Police can apply to extend detention period to this
Apply to magistrates to extend to 96 hours (very rare only 1% of cases)
The terrorism act allows terrorist suspect to be help for
14 days
Who takes over when suspect is charged and what powers do they have
CPS and can drop charge if they have insufficient evidence
