Police Station Flashcards

1
Q

When a suspect is brought to the police station:
(1) Who should they be brought before?
(2) When should this be done?

A

(1) Custody Officer
(2) ‘As soon as possible’

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2
Q

What are the 2 conditions of who can be a ‘Custody Officer’?

A

(1) Officer rank at least SERGEANT
(2) NOT involved investigation

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3
Q

What are the 3 main roles of the ‘Custody Officer’?

A

(1) Open CUSTODY RECORD
(2) Inform suspect of their RIGHTS
(3) Make CHARGING DECISIONS

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4
Q

What is the GENERAL RULE on how long a suspect can be detained without charge?

A

24 hours from RELEVANT TIME

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5
Q

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

A

(1) Time of Arrest
(2) Time of Arrival (at Police Station)
(3) Time of Arrival (at Police Station)

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6
Q

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?

A

(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’

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7
Q

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?

A

(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’

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8
Q

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?

A

(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’

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9
Q

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

A

(1)
(a) CHARGED + RELEASED ON BAIL
(b) CHARGED + REMANDED IN POLICE CUSTODY
(2)
(a) NOT CHARGED + RELEASED UNCONDITIONALLY
(b) NOT CHARGED + RELEASED ON BAIL

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10
Q

A REVIEW OF DETENTION must take place at 2 time intervals. What are these?

A

(1) WITHIN 6 hours (of Detention AUTHORISED by Custody Officer)
(2) EACH 9 hours (after first review)

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