Police Station Flashcards
When a suspect is brought to the police station:
(1) Who should they be brought before?
(2) When should this be done?
(1) Custody Officer
(2) ‘As soon as possible’
What are the 2 conditions of who can be a ‘Custody Officer’?
(1) Officer rank at least SERGEANT
(2) NOT involved investigation
What are the 3 main roles of the ‘Custody Officer’?
(1) Open CUSTODY RECORD
(2) Inform suspect of their RIGHTS
(3) Make CHARGING DECISIONS
What is the GENERAL RULE on how long a suspect can be detained without charge?
24 hours from RELEVANT TIME
When does the ‘RELEVANT TIME’ begin when deciding how long a suspect can remain in Custody for:
(1) VOLUNTARILY attends police station
(2) ARRESTED OUTSIDE Police Station
(3) Street BAIL
(1) Time of Arrest
(2) Time of Arrival (at Police Station)
(3) Time of Arrival (at Police Station)
Detention can be extended to UP TO 36 hours. What 4 criteria must be satisfied for this?
(1) Type of offence ?
(2) Authorised by?
(3) Grounds (a), (b), (c)?
(4) Nature of Investigation?
(1) INDICTABLE Offence
(2) Authorised by Officer at least SUPERINTENDENT
(3) REASONABLE grounds to believe necessary:
(a) SECURE (b) PRESERVE (c) OBTAIN BY QUESTIONING - EVIDENCE
(4) Investigation carried out ‘DILIGENTLY AND EXPEDITIOUSLY’
Detention can be extended to UP TO 72 hours. What 4 criteria must be satisfied for this?
(1) Type of offence ?
(2) Authorised by?
(3) Grounds (a), (b), (c)?
(4) Nature of Investigation?
(1) INDICTABLE Offence
(2) Authorised by MAGISTRATES’ COURT
(3) REASONABLE grounds to believe necessary:
(a) SECURE (b) PRESERVE (c) OBTAIN BY QUESTIONING - EVIDENCE
(4) Investigation carried out ‘DILIGENTLY AND EXPEDITIOUSLY’
Detention can be extended to UP TO 96 hours. What 4 criteria must be satisfied for this?
(1) Type of offence ?
(2) Authorised by?
(3) Grounds (a), (b), (c)?
(4) Nature of Investigation?
(1) INDICTABLE Offence
(2) Authorised by MAGISTRATES’ COURT
(3) REASONABLE grounds to believe necessary:
(a) SECURE (b) PRESERVE (c) OBTAIN BY QUESTIONING - EVIDENCE
(4) Investigation carried out ‘DILIGENTLY AND EXPEDITIOUSLY’
At the end of 24 hours (or 36/72/96), the CUSTODY OFFICER must decide if there is ‘Sufficient Evidence’ to charge the suspect. What are thee 2 options of how this will occur if a Suspect is:
(1) Charged
(2) NOT Charged
(1)
(a) CHARGED + RELEASED ON BAIL
(b) CHARGED + REMANDED IN POLICE CUSTODY
(2)
(a) NOT CHARGED + RELEASED UNCONDITIONALLY
(b) NOT CHARGED + RELEASED ON BAIL
A REVIEW OF DETENTION must take place at 2 time intervals. What are these?
(1) WITHIN 6 hours (of Detention AUTHORISED by Custody Officer)
(2) EACH 9 hours (after first review)