Suspect’s rights at the police station Flashcards
What rights does PACE 1984 provide to suspects?
PACE 1984 provides several rights, including access to free legal advice, right to notify someone of arrest, right to inspect PACE, right to silence, right to be informed of the reason for arrest and detention, right to inspect documents related to arrest, and right to information on detention time limits.
Why is the right to free legal advice important?
The right to free legal advice is the most important because it safeguards the suspect’s other rights. It is available to everyone regardless of means and is free at the point of delivery. Advice can be given via phone or in person.
When can access to free legal advice or notifying someone of arrest be delayed?
Access to legal advice and notifying someone can be delayed to prevent interference with evidence, witnesses, or alerting other suspects, but only for indictable offences. A superintendent or above must authorize the delay in writing for up to 36 hours.
What are the detention time limits under PACE 1984?
The time limit starts when a suspect arrives at the police station. Initial detention is 24 hours, extendable by 12 hours with superintendent approval, and by 36 hours if a Magistrates’ Court approves. A further 24 hours can be added, so the maximum detention time is 96 hours (4 days).
What conditions must be met for detention to be extended beyond 24 hours?
To extend detention beyond 24 hours, the offence must be indictable, there must be reasonable grounds to believe further detention is needed to preserve or obtain evidence, and the investigation must be conducted diligently and expeditiously. Magistrates’ Court approval is required for the extension.
