Preliminaries to prosecution Flashcards
What is PACE
Police and Criminal Evidence Act 1984
What will a police officer be able to demonstrate
- Legal authority to exercise the power
- The police officer has exercised the power lawfully
How soon must a person arrested be taken to a police station
As soon as practicable
What are the exceptions where a person doesn’t need to be at a police station as soon as practicable
It is when the person’s presence at a place other than a police station is necessary to carry out investigations immediately
Such as:
* Being searched
* Being taken to a premises being searched
* Being taken to a place to check their alibi
Can a person be taken to any police station?
Yes
Unless it is anticipated that they will be detained for more than 6 hours, if so, they need to be taken to a designated police station
What else can a person be granted instead of being taken to a police station
The person arrested can be granted bail to
attend a police station later. This is referred to as ‘street bail’. Conditions can be
attached to the bail.
What happens to an arrested person when they arrive at the police station?
- The detainee will see the 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 the detainee requests, they will speak to a solicitor.
- The detainee may be interviewed, often with their solicitor present.
After the interview at the police station, what will happen to the detainee?
- released under investigation or on police bail
- charged and released on police bail to appear at the magistrates’ court at a later
date - charged and remanded in police custody to appear at the magistrates’ court on
the following day.
On arrival at the police station, what will the arrested person be presented to
The custody officer
What must the custody officer be
