Police Station Procedure Flashcards
When must a suspect that has been arrested go to the police station?
As soon as is practicable after the arrest, or street bail
Who is the custody officer?
Suspect is brought to custody officer when arrested. Responsible for authorising detention of suspect and supervising welfare while in police custody
What rank is the custody officer
Usually at least rank of seargent. Should NOT be involved in investigation of offence
What initial steps must custody officer take?
Opening and maintains custody record for each suspect.
what is in the custody record?
Name, address, etc
Offence for which arrested
Time of arrest and time of arrival
Reason why ongoing detention has been authorised by custody officer
Time such detention was authorised
Confirmation that they have been given details of rights
Details of any items of property they had on their person.
What searches will be done on a detained person>?
What items of property a suspect had on their person adn make a record of these items.
Custody office will authorised a search of the suspect.
Allows custody officer to seize and retain any items the suspect has on their person - clothing, personal effects can ONLY be seized if grounds of evidence.
Who has the decision to detain a suspect, and how?
Custody officer
Msut determine if there is sufficient evidence to charge the suspect. Will ask investigation officer for details of the evidence that already exists. If not, what steps the officer proposes to be taken if the further detention is authorised.
What are the grounds for detention?
If there is not sufficient evidence to charge suspect immediately. Eitherreleased without or with bail, UNLESS:
Custody officer has reasonable grounds for believing that detaining the suspect without charge is NECESSARY to secure or preserve evidence.
Or necessary to obtain such evidence by QUESTIONING.
What is usual decision for custody officer during detention>
Custody officer will authorise suspects detention before charge, because one or both of the grounds are LIKELY to be satisfied.
What are the conditions of detention?
The cell must be heated, cleaned and ventilated and lit.
Bed must be reasonable standard and clean.
Must have toilet and washing facilities
Must be offered 2 light meals and one main meal in 24 hour period
Offer brief outdoor exercise daily if practicable
Suspects should be visited int heir cells at least every HOUR.
If injured, must make arrangements to ensure clinical attention asap.
What are the rights of a suspect being detained by the police for questioning?
Right to hae someone informed of arrest
Right to legal advice
Right to consult codes of practice
Right to be informed about the offence and any further offences for which they are arrested while in custody, and WHY they have been arrested and detained
What is the right to legal advice?
Right to receive free and independent legal advice, and to consult a solicitor privately at ANY TIME.
As soon as practicable. Writing or telephone, alwasy available.
Police must contact defence solicitor call centre, EVEN if suspect has asked for a specific person
Suspect must be informed of arrival f solicitor and asked if they would like to see them, EVEN if they have declined legal advice.
At NO TIME should the police office say or do anything with intention of dissuading a person from obtaining legal advice (code C)
Can the right to legal advice be delayed?
Very limited rights for delay. Any delay must be authorised by office of at LEAST rank of superintendent, and can be authorised only when a suspect has been arrested for INDICTALE offence.
Delay can be for a max of 36 hours from relevant time. Must be confirmed in writing ASAP.
When can the delay to legal advice and right to have someone informed or arrest be authorised?
If officer has reasonable grounds for believing that the exercise of this right, at time, will:
Lead to an interference with or harm to evidence connected with an indictable offence,
Lead to aerating other persons suspected of having committed such an offence
Hinder the recover of any property obtained as a result of such an offence.
What is they right to have someone informed of arrest?
Shall be entitled, if they request, to have one friend or relative or someone t be told ASAP.
Can the police delay the right of informing somene of arrest?
In certain situations, any delay must be made by rank of at leases INSPECTOR, and can be authorised when indictable offence or either-way offence. Length can be for 36 hours max.
What are the 2 clocks for detention time limits and reviews of detention? /
Detention clock and review clock
What is teh detention clock?
Initial maximum period of detention before charge.
Shall not be kept in police detention for more than 24 hours without being charged.
What are the 3 relevant times?
Person attended VOLUNTARILY at police station, who is then arrested- time of their ARREST
Person who attends a police station to answer “street bail” granted, time when THEY ARRIVE at police station
Suspect who has been arrested away from police station, time when they’re ARRIVE AT police station.