Detention at Police Station

Question 1

What must a police officer demonstrate in relation to showing they have lawfully detained a suspect?

Answer 1

Will need to demonstrate:

• legal authority to exercise the power
• the police officer has exercised the power lawfully

Question 2

What is the exception to the rule that an arrested person must be taken to a police station as soon as practicable?

Answer 2

Exception where their presence at a place other than a police station is necessary to carry out such investigations as is reasonable to carry out immediately. Such as by being:

• searched
• taken to premises being searched
• being taken to a place to check their alibi

Question 3

Can a person be taken to any police station?

Answer 3

• yes
• unless it is anticipated that they will be detained for more than 6 hours - must go to designated police station

Question 4

What is ‘street bail’?

Answer 4

Rather than the arrested person being taken to the police station, they are granted bail and can attend the police station at a later date

Question 5

What will happen once the arrested person arrives at the police station?

Answer 5

• the detainee will see custody officer who must authorise continued detention
• the detainee will be informed of their rights
• the detainee will have certain non-intimate samples taken
• the detainee may see the appropriate healthcare professional if necessary
• if detainee requests, they will speak to a solicitor
• the detainee may be interviewed, often with their solicitor present
• after the interview, the detainee may be:

i) released under investigation or on police bail

ii) charged and released on police bail to appear at the magistrates’ court at a later date or

iii) charged and remanded in police custody to appear at the magistrates’ court on the following day

Question 6

What is the role of the custody officer?

Answer 6

• responsible for handling and welfare of suspects in detention at the police station
• must be a police officer of the rank of at least sergeant
• must be unrelated t the process of the investigation of the offence

Question 7

What must be explained to the custody officer before they can authorise detention of arrested person?

Answer 7

The grounds for arrest

Question 8

What must the custody officer do if the grounds for detaining the person no longer exist?

Answer 8

They must order the release of the prisoner

Question 9

What happens if the custody officer is not available?

Answer 9

The role may be performed by another officer, though not an officer involved in the investigation of the offence

Question 10

What will the custody officer first consider?

Answer 10

If there is sufficient evidence to proceed to charge the detainee

Question 11

If there is not sufficient evidence to charge the detainee, on what grounds may the detainee nevertheless be detained?

Answer 11

If there are reasonable grounds for believing that detention is necessary to:

• secure or preserve evidence or
• obtain such evidence by questioning

Question 12

What will the custody officer do if there are grounds to detain the subject?

Answer 12

• authorise detention
• open a custody record
• inform the detainee of the reason for their arrest
• inform the detainee of the reason for their detention and
• advise the detainee of their rights

Question 13

What welfare duties should the custody officer carry out in relation to each detainee?

Answer 13

• conducting a risk assessment procedure for each detainee
• making special arrangements, if necessary, for detainees who may be physically or mentally incapacitated
• arranging for interpreters, if necessary
• dealing with a detainee’s property
• contacting healthcare professional, if needed

Question 14

What information must be recorded on the custody record?

Answer 14

All information required to be recorded under COP C must be recorded on the custody record including:

• the requirement to inform the person of the reason for his arrest
• the circumstances of the arrest
• why the arrest was necessary and
• any comments made by the arrested person

Question 15

What right does a solicitor have to view their client’s custody record and why is it important that they view it?

Answer 15

Solicitor has right to view client’s custody record as soon as practicable after arrival at the police station and at any time while their client is still detained.

Useful as should contain everything that has happened to, been said to or been said by the detainee.

Question 16

Who is deemed to be a solicitor under COP?

Answer 16

Solicitor that holds a current practising certificate or an accredited or probationary representative included on the register of representatives maintained by the Legal Aid Agency

Question 17

What rank of officer must carry out a review of detention?

Answer 17

Officer at least the rank of inspector who is not connected with the investigation and is not the custody officer

Question 18

What must the officer reviewing detention consider?

Answer 18

They must consider if detention is still necessary.

Must therefore consider id the grounds for detention authorised by the custody officer still exist

Question 19

When is the first review of detention to take place?

Answer 19

Not more than 6 hours after the suspect’s detention was first authorised by the custody officer

Question 20

When are subsequent reviews of detention to take place?

Answer 20

Periodically every 9 hours after the first review

Question 21

What is the maximum amount of time a suspect can be kept in custody for before being charged?

Answer 21

24 hours from the relevant time

Question 22

What is the relevant time from when detention time limits start to run from?

Answer 22

The moment the suspect arrives are the police time (not the time the detention was authorised)

Question 23

How many extra hours can the initial 24 hours be extended by?

Answer 23

Can be extended by a further 12 hours

Question 24

What must happen when the detention is extended by 12 hours?

Answer 24

• authorisation to extend must be given before the expiry of the initial 24 hours but after the second review
• the grounds for the extension must be explained to the suspect and noted in the custody record
• the suspect and/or the suspect’s solicitor should be allowed an opportunity to make representations

Question 25

What criteria must be met in order for detention to be extended by 12 hours?

Answer 25

• must be authorised by officer of at least the rank of superintendent
• superintendent or above must have reasonable grounds for believing detention is necessary to secure or preserve evidence or obtain evidence by questioning
• offence must be an indictable offence
• investigation must be being conducted diligently and expeditiously

Question 26

What must the police do if they want to detain beyond 36 hours?

Answer 26

They must apply to the magistrates court for a warrant of further detention

Question 27

If a warrant for further detention is granted by the magistrates court, how many additional hours may a suspect be held for?

Answer 27

Further 36 hours on first application

And another 36 hours on second application up to a maximum of 96 hours on second application

Question 28

What criteria must be satisfied before the magistrates grant an extension to detention?

Answer 28

• magistrates court must be satisfied that there are reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain evidence by questioning
• the offence must be an indictable offence
• the investigation is being conducted diligently and expeditiously