PP: Detention

Question 1

Powers of Detention

Answer 1

Once a person has been arrested and taken to station, there are rules setting strict limits on how long they can be held.
-Rules given by: PACE 1984 and Code C

> Anyone brought to station must be brought before custody officer as soon as practical.
Custody Officer must start Custody Record in which all events at station are written down.

Question 2

Time Limits

Answer 2

Time Limit depends on seriousness of crime:

• Summary: Max 24hrs
• Indictable: 36hrs with Mags Permission

To detain for over 36hrs, must get permission from Mags:

• Mags can order detention for 96hrs max
• Detainee has rights to oppose this

Must be regular reviews of Detainee made by Custody Officer during detention:

• First review must be done within 6 hours after detention
• Others must take place within 9 hours of last review

If at any time Custody Officer decides that there are NO GROUNDS for detention, they must IMMEDIATELY release Detainee.

Question 3

Terrorism

Answer 3

Longer period of detention allowed when suspect is arrested for terrorism:
- Mags can extend to 14 days, after this suspect must be charged or released
Protection From Freedoms Act 2012:
- Prevented detention period being extended to 28 days

Question 4

Rights of Detainee

Answer 4

Detainees must be told their rights by the custody officer:

1. Having someone informed of their arrest
2. Being told that legal advice is available free, Detainee also allowed to privately speak with solicitor
3. Being allowed to consult Code of Practice (Code C)

Question 5

Rights: Having Someone Informed of Arrest

Answer 5

S.56 PACE 1984:

• Arrested person can inform any nominated friend, relative or person they think is likely to take an interest in their welfare (told of arrest and where they are being held)
• Should be done as soon as practical
• Indictable Offence: Senior Police Officer may delay this for up to 36hrs with Reasonable Grounds

Reasonable Grounds:
- Believing person informed will lead to them alerting others involved or interfering with evidence

Code C:

• Person should be allowed to speak on phone for a ‘reasonable amount of time’
• Detainee making the call themselves is not a right and police can make the call for you

Question 6

Rights: Legal Advice

Answer 6

S.58 PACE 1984:

• Detainee can either contact their own lawyer or they can use a free duty solicitor
• Custody Officer, when authorising detenton, must ask Detainee to sign record saying if they want to have legal advice
• Police Station must have posters advertising right to Legal Advice

Senior Police Officer can authorise a delay to suspects right to recieve legal advice:
- Must have reasonable grounds to believe access to solicitor will lead to interference of investigation

R v Samuel:

• D’s mother had been informed of arrest but he was delayed right to a solicitor
• Court ruled illegal because his mother would hvae already informed anyone who could have harmed investigation

Question 7

Rights: Other Rights

Answer 7

Code C States:

• Cells must be adequately heated, cleaned and ventilated
• Suspect should be offered at least 2 light meals and 1 main meal within 24 hours
• Drinks should be provided at meal times and upon reasonable request