Police Station - Processes Flashcards
How can the police exercise the ‘stop, search and seizure’ powers under PACE?
Police may apply to a Magistrates’ Court (PACE s.8) for a warrant to enter and search property or if there are reasonable grounds for believing that property has evidence relating to an offence.
Step 1: There must be an actual suspicion or belief on the part of the officer
Step 2: That suspicion or belief must be based on “reasonable grounds” (objective test - based on the reasonable person)
How can the police exercise the powers of arrest under PACE?
Under PACE s.24, an officer can arrest where it is the case or the officer has reasonable grounds to suspect that an offence:
Is about to be committed
Is being committed; or
Has been committed
Reasonable grounds are established on the same basis as powers of stop and search. An arrest is lawful if:
(1) there was in fact a valid basis for an arrest or
(2) the officer had reasonable grounds for believing this to be the case.
What are the necessary grounds for arrest? (I.P.S.P)
Determining identity of person,
Protection of property / persons,
Securing evidence,
Prevention of person escaping
(I.P.S.P) = identify, protect, secure and prevent
What are the broad duties of the Custody Officer?
Police officer (at least Sergeant rank) responsible for:
- Authorising a suspect’s detention and supervising the detainee’s welfare
- Performing a risk assessment
- Informing the detainee of their rights
- Keeping an accurate Custody Record
- Searching the suspect or authorising a search
- Making any decision about charging the detainee or deciding about their bail. (N.B bail must be granted unless an exception applies, PACE ss.37 and 38)
Arrival Search: Custody Offer should ascertain the property of any suspect who is to be detained for anything other than a short period of time. Search can be undertaken if the suspect is uncooperative (non-intimate search). Strip search is only justifiable if the officer has reasonable belief that the suspect has concealed on their person items that might be seized.
How does the Custody Officer inform the suspect of their rights in the police station?
Custody Officer is under a duty to explain a suspect’s rights while detained. A suspect has the following rights:
- Be informed about the offence(s) with which they have been arrested and why they have been detained
- Consult the Codes of Practice
- Have someone informed of their arrest (does not guarantee a right of direct contact)
- Consult a solicitor in private
- Access interpretation and translation services
Detainee must be given a written notice setting out these rights.
What are the additional rights given to suspects?
- Right to a copy of the custody record
- Right to access materials and documents essential to challenge their detention and the investigation relating to them during detention
- Time limits on detention and situations in which it must be reviewed
- Right to medical assistance
- Right to silence as set out in the caution
- Right (if charged) to access evidence against them before trial
Entitlements under the Code
What are the grounds for delaying the right to legal advice?
The right to legal advice can only be delayed by a superintendent. Grounds:
1) Detainee has been arrested for an indictable offence
2) Delay is authorised by a superintendent or higher (delaying access to legal advice)
3) Officer must have reasonable grounds for suspecting that exercising right without delay would lead to:
- Interference with or harm to evidence
- Interference with or physical harm to people
- Alerting people connected to offence who have not been arrested
- Hindering recovery of property resulting from the offence
Delay cannot be more than 36 hours.
What are the grounds for delaying the right to have someone informed?
The right to have someone informed can be delayed by an inspector. Grounds:
1) Detainee has been arrested for an indictable offence
2) Delay is authorised by an inspector (someone informed)
3) Officer must have reasonable grounds for suspecting that exercising right without delay would lead to:
- Interference with or harm to evidence
- Interference with or physical harm to people
- Alerting people connected to offence who have not been arrested
- Hindering recovery of property resulting from the offence
Delay cannot be more than 36 hours.
How does the police decide on charging the suspect?
Charging a suspect means formally accusing the suspect of a crime and commencing a prosecution. Custody Officer must decide whether there is sufficient evidence to charge the suspect.
Full Code Test used by Crown Prosecutors:
- Evidential Sufficiency Test: Realistic prospect of conviction against each defendant on each charge (objective test)
- Public Interest Test: In the public interest to devote public resources to prosecuting the defendant
https://www.cps.gov.uk/about-cps
What is the result of a suspect being released without charge?
‘released under investigation’ and not on bail - this would happen unless there are reasons for one of the other two decisions
What is the result of a suspect being released under investigation but on bail (with or without conditions)?
Bail should be required only where it is ‘necessary and proportionate’.
Bail for up to 28 days can be granted by an inspector and up to 3 months by a superintendent
What is the result of a suspect being detained without charge?
Being kept in police custody. Custody Officer may authorise this detention only if the grounds for detention are made out.
What are the grounds for continued detention (PACE s37(3)?
Reasonable grounds for believing that detention is required to:
- Secure or preserve evidence relating to the offence for which suspect has been arrested
- Obtain such evidence by questioning the suspect
N.B: It is only possible to authorise detention for >24 hours for an indictable offence. No power to detain (non-terrorist) suspects for longer than 96 hours.
What are the regulations for detention periods?
Up to 6 hours - Custody Officer (sergeant) - s37(3) criteria for continued detention - 6 hours max period for review
Up to 24 hours - Review Officer (inspector) - s37(3) criteria for continued detention - 9 hours max period for review
Up to 36 hours - Superintendent - s37(3) criteria for continued detention + INDICTABLE OFFENCE + Investigation being conducted diligently and expeditiously - 12 hours max period for review
Up to 96 hours - Magistrates’ Court - - s37(3) criteria for continued detention + INDICTABLE OFFENCE + Investigation being conducted diligently and expeditiously - 36 hours max period for review
Detention Clock: 6 hours . 9 hours. 9 hours. 12 hours. 36 hours. 36 hours.
1 review by Custody Officer, 2 reviews by Review Officer, 1 review by Superintendent, 2 reviews by Magistrates’ Court
What is an identification (ID) procedure? What is it designed to test?
Identification procedure (eyewitness is involved) - ID procedure:
Method of attempting to have a suspect positively identified by a witness, or witnesses, to an alleged offence. They are designed to test the eyewitness’s ability to identify the suspect as the person they saw on a previous occasion and provide safeguards against mistaken identification.
When must an ID procedure be held?
When an identification procedure MUST be held:
1) Eyewitness has identified or claims to have identified a suspect, or there is a witness who claims they can identify the suspect, or where there is a reasonable chance of the witness being able to do so, AND
2) The eyewitness has not already been given an opportunity to identify the suspect in an approved identification procedure, AND
3) There is an issue of identity where the suspect disputes being the person the witness claims to have seen committing an offence
What are the exceptions to holding an ID procedure?
Exceptions to the general rule when an ID procedure must be held:
1) It is not practicable to hold any such procedure, OR
2) Any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence
Explain the ID consequences of different scenarios for a suspect (depending on whether they are known and / or available)
Scenario A (suspect’s identity is unknown)
Scenario A (suspect’s identity is unknown)
Police may take eyewitness to a particular area in an attempt to identify the alleged offender. The eyewitness may, complying with relevant guidelines, also be shown photographs of potential suspects
Explain the ID consequences of different scenarios for a suspect (depending on whether they are known and / or available)
Scenario B (suspect’s identity is known, and they are available)
Scenario B (suspect’s identity is known, and they are available)
The police will likely want to carry out an identification procedure when a suspect is known and available.
Explain the ID consequences of different scenarios for a suspect (depending on whether they are known and / or available)
Scenario C (suspect’s identity is known, but they are not available)
Scenario C (suspect’s identity is known, but they are not available)
Identification officer may proceed to conduct covert identification procedures, or identification procedures without the suspect’s consent (such as group identification or confrontation). If a suspect refuses to participate in an identification procedure, they will be treated as ‘known but not available’.
What are the consequences for a suspect refusing to cooperate in an ID procedure?
If suspect refuses to participate, their refusal may be adduced in evidence at any subsequent trial. Police may conduct a covert procedure instead.
What is the standard approach adopted by police for ID procedures?
Standard approach adopted by police for ID procedure:
The suspect shall initially be invited to take part in a video identification. This is so unless:
- A video identification is not practicable;
- An ID parade is both practicable and more suitable than a video identification, or
- The officer in charge of the investigation considers that group identification is more suitable than a video identification or an identification parade, and the ID officer considers it practicable to arrange
What are the different types of ID procedures?
Different types of identification procedure:
Video identification
Identification parade
Group identification
Confrontation
Why is an identification officer important when carrying out ID procedure?
Procedure for carrying out ID procedure under PACE 1984, Code D:
Identification Officer
Procedures must be presided over by an identification officer - independent from the main investigation. ID officer oversees procedure and ensures that PACE 1984, Code D, is complied with. ID officer must be of the rank of at least inspector and any duties imposed must be performed as soon as practicable.
