Rights of the Detainee Flashcards
What 3 rights does Code C state a detainee must be given a written notice of?
- Having someone informed of the arrest
- Being told independent legal advice is available free, allowed to consult privately with a solicitor
- Allowed to consult the Code of Practise
What section and act gives an arrested person a right to inform someone of their arrest?
s.56 of PACE
Under what circumstance can the right to inform someone of your arrest be denied?
-If a senior officer denies access due to an indictable offence
In addition to the right for someone to be informed of the arrest, what does C also state?
-Right to speak ‘for a reasonable amount of time to one person’
What process is in place to ensure a detainee is aware they have a right to legal advice?
The custody officer asks the suspect to sign a custody record stating their wish on if they would like to have legal advice.
When can an officer delay a suspects right to see a solicitor?
- Only in an indictable offence for up to 36 hours
- If there are reasonable grounds for believing that giving access to a solicitor will lead to the interference with or harm of evidence or alert others.
Which case demonstrated unlawful actions of the police when refusing a suspect the right to legal advice and why?
- R v Grant (2005)
- R v Samuel (1988)
- Court of Appeal found that because his mam already knew of her sons arrest then anyone likely to be alerted may have already happened and so denying the right to legal advice was illegal conduct
What does Code C state about the physical conditions of detention?
- Adequately heated, cleaned, lit, and ventilated
- Suspect must be offered two light meals and one main meal in any 24 hours
- Drinks provided at mealtimes and upon reasonable request
- Continuous 8 hours rest
What sections of PACE are the detainee’s rights to silence under what act?
ss.34-36, Code C CJPOA
