Week 4.. Detention PACE Code C Flashcards

Question 1

Q

Protected characteristics

Answer

A

Age
Disability 
Gender reassignment 
Pregnancy and maternity 
Race
Religion or belief 
Sex
Sexual orientation

Question 2

Q

Code c does not affect the principle that all cirizens have a duty to help police to prevent crime and discover offenders.
When an officer is trying to discover whether, or by whom, an offence has been committed, they are entitled to question any person from whom they think useful information could be obtained.

A person’s declaration that they are unwilling to reply does not alter this entitlement.

Question 3

Q

Define police detention as per s118 pace 1984

Answer

A

A person is in police detention if he has been taken to a police stn after being arrested for an offence or after being arrested under s41 of terrorism act 2000 or:
He is arrested at a police stn after attending voluntarily at the stn or accompanying constable to it , and is detained there, or elsewhere in charge of a constable, except that a person who is at court after being charged is not in polcie detention for those purposes

Where a person is in another’s lawful custody by virtue of schedule 4 to police reform act 2002, he shall be treated as in police detention

(Sch 4 police reform act refers to power to tfr persons into the custody of investigating officers

Question 4

Q

When would on book in, a custody written record not be made in the presence o the person detained?

Answer

A

If they are incapable of understanding, are violent, likely to become violent or in urgent need of medical attention

Question 5

Q

If an investigating officer has any material/documents in their control which appear to undermine the need to keep the suspect in custody, who will be responsible for determining which, if any, of the documents are capable of undermining and therefore must be made available to the suspect or solicitor?

Answer

A

The authorising officer (as in officer authorising the detention)

Question 6

Q

Children and young persons act 1933.

S1 says what

Answer

A

Requires that arrangements are made to ensure that any girl under 18 whilst detained at police station is under the care of a woman

Question 7

Q

Up to custody officer to determine whether a Record should be made of the property a detained person has with them or has had taken from them on arest is. Any record is not required to be kept as part.of the custody record. But the custody record should note as to where any property record exists.

Answer

A

Custody officer should however be mindful of force instructions as to what needs recording and it is suggetsed that they make records to ensure against claims that property has been removed/mishandled

Question 8

Q

S54 pace 1984?

Answer

A

Provides for the custody officer ascertaining what a detained person has with them.

Clothes and personal effects may be seized if believed the detained person may use them to:
Cause injury to self or others 
Damage property 
Interfere with evidence 
Assist him escape

Detained person may be searched at anytime whilst in custody to ascertain the above.

Constable searching must be of same sex

Question 9

Q

S54 pace… what isnt covered under this section ?

Answer

A

Intimate searches.

An intimate search may not be conducted ubder a54 pace.

Question 10

Q

Who authorises a strip search ?

Who authorises an intimate search?

Answer

A

Strip search - custody officer

Intimate search - inspector

Question 11

Q

3 levels of search in custody

Answer

A

Searches that do not include removal of more than outer clothing (includes shoes and socks)

Strip search

Intimate search

Question 12

Q

Where is PACE are strip searches dealt with

Answer

A

Code C annex A

Para 9-12

Question 13

Q

Intimate search? Consists of what?

Answer

A

The physical examination of a persons body orifices (other than the mouth)

Pace code c annex A.

Authorised by an inspector who has reasonable grounds for beleiving the person may have concealed on themselves:

anything that they could or might use to cause physical injury to self or others at station
OR
A class A drug which they intend to supply to another, or to export

Question 14

Q

Drug search
X rays and ultrasound scans

S55a PACE 1984

Code C annex K

Answer

A

Allows detained person to have an x-ray taken of them or an ultrasound scan carried out on them (or both)

Question 15

Q

Reasonable force may be used to conduct search under what act?

Question 16

Q

every reasonable effort must be made to mininise the embarrassment a person being searched may experience

Code a. Para 3.1

Answer

A

Useful when considering how to conduct a search

Question 17

Q

Right not to beheld incommunicado.

Answer

A

Person may have 1.person known to them informed of their whereabouts as soon as practicable

(Can have up to 2 alternatives is 1st choice cannot be contacted)

This right may be exercised EACH TIME a detainee is taken to another police station

Question 18

Q

A record must be kept of any letters, messages, phone calls made/received or visit received.

The detainee must be asked to countersign the record

The detainee must be informed that this communication may be given in evidence.

Question 19

Q

Who can deny /delay the detainee have a phone call / writing materials?

Answer

A

Inspector

Question 20

Q

Right to a Solicitor.

If a jeuvenille or mentally disordered or otherwise mentally vulnerable, an appropriate adult should consider if legal advise is required.

Answer

A

If detained person says they don’t want legal advice , the appropriate adult has the right to as for a solicitor to attend if this would be in the best interests of the detainee.
(however the detainee cannot be forced to see the solicitor if they dont want to

Question 21

Q

A detainee who wants legal advice may not be interviewed until they have received such advice unless what?

Answer

A

A superintendent has reasonable grounds for believing that the delay might:

Lead to inference with/harm to evidence or harm to other people
Lead to serious loss/ damage to property
Lead to alerting other people suspected of having committed an offence but not yet arrested
Hinder the recovery of property

Or that the superintendent believes that the delay waiting for the solicitors arrival would cause unreasonable delay to the process or investigation

Or if the specific solicitor requested cannot be contacted, have indicated they do not wish to be contacted or have declined to attend but the detainee has declined the duty solicitor then the interview may be started with agreement from inspector

Question 22

Q

What if the detainee changes their mind and states they no longer wish to have solicitor present?

Answer

A

Inspector must speak to detainee to enquire as to reason why they have a change of mind

Informs the solicitor of change of mind

Reason for detainees change of mind to be recorded on custody record

Detainee to then confirm in writing on custody record that they wish to proceed to interviee without solicitor

Inspector to be satisfied that it is proper for interview to proceed in the circumstances and give written authority

Question 23

Q

What must the interviewer do when detainee changes mind before interview and says no longer wants legal advice?

Answer

A

Remind of rights to legal advice.and right to change mind at any point during interview.

Ensure that it is noted on written interview record that the detainee changed their mind, that authority was given to proceed to interview.

If solicitor arrives before interview completed then detainee must be informed and a break will be taken to allow them to speak to solicitor if they wish

Question 24

Q

When may an interviewer require a solicitor to leave the interview?

And who authorises this??

Answer

A

If their conduct is such that the interviewer is unable to properly put questions to the suspect (if the solicitors conduct prevents or unreasonably obstructs proper questions being put to detainee).

If the interviewer considers a solicitor is acting in such a way then they will stop the interview and consult a superintendent (or inspector not connected to the investigation if a superintendent is not avail).

After speaking to solicitor the officer consulted will decide if interview should continue in presence of that solicitor. If not then suspect will be give opportunity to consult another solicitor before interview continues

Question 25

Q

In Code C , ‘Solicitor ‘ means…

Answer

A

Solicitor who holds current practicing certificate

An accredited or probationary representative included in register of representatives maintained by the legal aid agency

Question 26

Q

What section of PACE provides the right for detainee to consult with solicitor

Question 27

Q

Free legal advice will be limited to telephone advice (by criminal defence service direct CDS direct) is what circumstances?

Answer

A

If detained arrested for non imprisonable offence
If arrested drink driving (inc failing to provide and unfit)
If detained re breach if police or court bail
If arrested on bench warrant for fail to appear (except where sol has has clear documentary evidence available that would result in client being released from custody)

Unless the following exceptions apply in which case the defence solicitor call centre should arrange for a solicitor to attend the station to give advice:

Ie.. whereby:

The police want to interviee the detainee or carry out an ID procedure
The detainee needs an A.adult
The detainee is unable to communicate over the phone
The detainee alleges serious misconduct by police
The investigation includes another offence not included in above list
The solciitor assigned is already at the station

Question 28

Q

If a person is in police detention at hospital they may not be questioned without the agreement of a responsible doctor

Question 29

Q

If a.person is i police detention at a hospital, if questioning takes.place at hospital or on the way to/from then the period of questioning concerned counts towards the total period of detention

Question 30

Q

superintendent may give authority, at anytime after the second custody review of the detainee, to exrend the maximum detention period before charge by UP TO 12hrs for an indictable offence

PACE s42.

Answer

A

A further detention may only be authorised by a magistrates court in accordance with PACE s43 & 44

Question 31

Q

Detaining a jeuvenille or mentally vulnerable person for more than 24 hrs will be dependant on the circumstances of the case and with regards to the persons…

Answer

A

Vulnerability
The legal obligations to provide an opportunity for representations to be made prior to a decision to extend
The need to consider the views of any appropriate adult.
The need to consider any alternatives to police custody

Question 32

Q

Relevant time….
What is it?

S41 pace 1984

Answer

A

The time from which the period of detention is to be calculated…

Shall be
- the time the person arrives at the relevant station or
- the time 24hrs after the time of that persons arrest
Whichever is earlier

Question 33

Q

Relevant time

Starts when If arrested outside of england and Wales but arrested person is sought in 1 police area inside england and Wales…

Answer

A

Shall be..
- The time at which the person arrives at the 1ST POLICE STATION to which he is taken in the police AREA in england or wales in which the offence he was arrested for is being investigated OR

the time 24hrs after the time of the person’s entry into England and wales
Whichever is earlier

As long as he is not questioned in the area where he is arrested in relation to the offence for which he is arrested

Question 34

Q

Relevant time

Starts when for a Voluntary attendee who is arrested or a person who attends and is arrested at police station..

Answer

A

Starts at the time of arrest

Question 35

Q

Relevant time

Starts when for person answering bail under s30a

Answer

A

Time he arrives at police station

Question 36

Q

Relevant time

Starts when ?
(usually, unless exceptions apply such as arrested outside.of england and wales).

Answer

A

Starts when he arrives at the first police station to which he is taken after his arrest

Question 37

Q

Relevant time

When arrested in a police area inside england and wales (the 1st area) and the arrest is sought by another police area inside england and wales (the 2nd area)..

Answer

A

If he is taken to the second area for the purposes of investigating the offence, without being questioned in the first area about the offence…

then the relevant time will be 24hrs from the time he leaves the place where he is detained in the 1st area

OR

The time he arrives at the police station where he is taken in the second area
Whichever is the earlier

Question 38

Q

Relevant time under the terrorism act 2000.. starts when?

Answer

A

When the person is arrested !

Question 39

Q

If a person is arrested in.one police station in a certain force area and has also been circulated as wanted by another police station in the same.force area…. then (where the person is not wanted on warrant) when does the relevant time start.for the 2nd offence?

Answer

A

The same time as the orignal offence.for which he was arrested.

Question 40

Q

S34 PACE…

Requires the custody officer to release a person if they become aware that the grounds for detention no longer apply and that no other grounds exist for the continuing detention

(unless the person was unlawfully at large when arrested)

Answer

A

It is only the custody officer who can authorise the release of a detainee

Question 41

Q

Once the maximum detention time limit has veen reached, any prosecution will need to proceed by summons or warrant

Question 42

Q

Maximum period someone can be detained without charge .. authorised by a mags court (excluding suspected acts of terrorism which is 14days)

Question 43

Q

Relevant time…

The actual time spent in custody, not a 24hr period in time.. meaning that every time a person is bailed the clock stops and then usually continues when the person reurned to custody to answer bail…

When would a fresh clock start?

Answer

A

If they are re-arrested for the same offence on fresh evidence..
(except at such a time as when they are returning on bail at the apponted time)

The fresh/new evidence must have come to light AFTER the suspect was released from his 1st arrest (on bail /rui)…
this new evidence must be evidence that was not available at the time the person was last in detention, or would not have been available even if all reasonable inquiries had been conducted

S47 PACE

Question 44

Q

When does the custody review time /clock start?

Answer

A

When detention is authorised

Question 45

Q

If arrested under s41 terrorism act 2000 then the detained person can be kept in police detention for up to 48 hrs from time of arrest without the court authorising an extension

Question 46

Q

When a warrant for further detention is applied for through mags court.. (s43 PACE) …

the detainee and the police must be in attendance at the application

The officer must set out the following information…

Answer

A

The nature of the offence (must be indictable) the general nature of the evidence on which the person was arrested

What inquiries have been made

What further inquiries are proposed and…

What are the reasons for believing the continuing detention is necessary for such enquiries

Question 47

Q

S43 PACE allow for an application for a warrant of further detention to be made before the expiry of the 36hr period…. OR

Where it has not been practicable for the court to sit within the 36hr period, the application can be made within the next 6hrs.

Answer

A

But if the court feels that it would have been reasonable to make the application within the 36hr period then it must refuse the application regardless of the merits of the case

R v slough justices

Question 48

Q

The application for a warrant for detention CAN be made at any time.. even before the superintendents review has been carried out.

Answer

A

If the application is refused, it doesnt mean the person should be released straight away.

S43 PACE allows for the person to remain detained until the end of the current detention period (24 or 36hrs as applicable )

Question 49

Q

To apply to extend any issued warrant for further detention… the application must be made before the expiry of the extension given in the previous warrant

Question 50

Q

Terrorism cases.. extension of detention.

The court can extend the period of detention for up to 14days.

Answer

A

A.person arrested for terrorism.offences under s41 can be held for 48 hours before an application for extension must be made.

Extensions will normally be for 7days at a time

A superintendent or crown prosecutor must make the application to the court.
A district judge in a Mags court will hear the application for extension up to 14days

Any applications to cover a period over 14 days are heard by a high court judge.

Where detention over 14 days is authorised the detainee must be transferred to a designated prison as soon as practicable (unless the detainee requests to stay at police stn and that request can be accommodated or there are grounds to beleive tfring the person to a prison would hinder a terrorism investigation, delay charging or release.from custody, prevent the investigation being conducted diligently and expeditiously )

Question 51

Q

S40 PACE covers the review of detained persons in custody

Who does the review?

Answer

A

Inspector (not involved in the investgation)

Once the person is charged then its the custody officer

Question 52

Q

When is the first review.of a detainee?

2nd review?

Subsequent reviews?

Answer

A

No more than 6hrs after detention 1st authorised

2nd.. no more than 9hrs after the 1st review

Subsequent reviews… at intervals of not more than 9 hrs.

Question 53

Q

Reviews of detainees arrested on suspicion of Terrorism offences under the terrorism act 2000

Answer

A

1st review should be As soon as practicable after arest

and then at least every 12hrs.

After 24hrs it must be conducted by superintendent or above

Oncw a warrant of further detention is unauthorised there is no requirement for any further reviews

Question 54

Q

A detainee may NOT be interviewed about an offence after they have been charged with or informed they may be prosecuted for it, unless the interview is necessary to do what….

Answer

A

Prevent or minimise harm or loss to some other person or the public
to clear up an ambiguity in a previous answer or statement
in the interests of justice for the detainee to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since they were charged or informed they might be prosecuted

Question 55

Q

No power under PACE to delay action /charge solely await the arrival of an appropriate adult

Answer

A

If appropriate adult cannot be there then consider bail to return for decision when appropriate adult is present

Question 56

Q

A custody officer who determines in accordance with s37b that there is sufficient evidence to charge the detainee may detain them for ‘no longer than reasonably necessary’ to decide how they will be dealt with, inlcuding where appropriate consultation with the duty prosecutor (cps)

Answer

A

Subject to maximum detention period

Question 57

Q

In considering if reasonably necessary to keep a detained person in detetention whilst a charging decisions is reached..

There is no breach of PACE in keeping a detained person in police detention whilst a statement is translated. The translation needs to be completed expeditiously.

Question 58

Q

Release from detention:

Where there are several suspects detained for the same job… it may be appropriate to hold all suspects until they are all interviewed before deciding whether there is enough evidence to charge any of them

Question 59

Q

Conditional cautions

May not be offered for any offence classed as a hate crime or domestic violence

Question 60

Q

Conditional cautions.

Authorised person for administering a cond. Caution?

Question 61

Q

Cond caution… can be authorised for what offences?

Answer

A

Summary only
Either way

(Indictable offences - where caution would be considered - must be referred to prosecutor for decision )

Question 62

Q

Conditional Caution

A record of previous offending should not rule out the possibility of a conditional caution , especially where there have been no similar offences during the lasr 2 years or where it appears a cond caution is likely to change the pattern of offending behaviour

Question 63

Q

Conditional cautions

Foriegn offender conditions to enforce departure from uk

Answer

A

Cannot be made where the offender has outstanding asylum or human rights claim to remain in the uk

The normal period not to return to the uk is 5years. In exceptional circumstances this can be 10years

Question 64

Q

Conditional cautions..

When Deciding whether it is a suitable response to an offence, there is a requirement for sufficient evidence to charge…

In making this assessment an auhtorised person may offer a conditional caution where….

Answer

A

The suspect has made a clear and reliable admission and has said nothing that could be used in defence

Or

The suspect has made NO admission BUT has not denied the offence or otherwise indicated it will be contested. AND the commission of the offence and the ID of the offender can be established by reliable evidence or the suspect can be seen clearly committing the offence on good quality visual recording

Answer 50

A

The suspect has made a clear and reliable admission and has said nothing that could be used in defence

Or

The suspect has made NO admission BUT has not denied the offence or otherwise indicated it will be contested. AND the commission of the offence and the ID of the offender can be established by reliable evidence or the suspect can be seen clearly committing the offence on good quality visual recording

Answer 51

A

If arrested but.not yet charged: Over 18

If charged: over 14

Answer 52

A

Detainee has been arrested for a trigger offence

Or has been arrested for another offence and an inspector who has reasonable grounds for suspecting the detainees misuse of any specified Class a drug caused or contributed to the offence, has authorised the sample to be taken

Answer 53

A

Urine or non intimate sample

Answer 54

A

Police officer request - for trigger offences

Inspector - for offences not on trigger list

Answer 55

A

Up to 6hrs from time of charge.

If not charged and are required to be released before a sample could be taken, may have a sample taken at any time within 24hrs after the arrest

Answer 56

A

Offences under theft act 1968:

S1- Theft
S8- Robbery
S9 - Burglary 
S10 - Aggravated burglary
S12 - TUMV
S12a - Aggravated vehicle taking 
S22 - Handling stolen goods
S25 - Going equipped  (for stealing)

Offences under mususe drugs act 1971:

S4- Restriction on production and supply of controlled drugs
S5 (2) - Posession controlled drug
S5 (3) - Possessions with intent to supply

Offences under fraud act 2006:

S1 - fraud
S6 - posession of articles used in fraud
S7 - making or supplying articles for use in frauds

Offences under criminal attempts act 1981:

S1 - theft
S8 - robbery
S9 - Burglary
S22 - handling stolen goods

Offences under the vagrancy act 1824:

S3 - begging
S4 - persistent begging

Answer 57

A

No.

No. Only a non intimate search

Answer 58

A

At least 2 people.

1 of which must be an appropriate adult

A search may only take place without an AA present if the jeuvenille signifies in the presence of the AA that they do not want them to be present during the search, and the AA agrees.

Exception:
If urgent strip search required as they are deemed a suicide risk and needs to be dressed in safety gown then only 1 person and no AA need to be present as classed as an urgent situation

Answer 59

A

If in the course of interview a complaint is made by the person being questioned, or on his behalf, concerning the provisions of code c then the interviewer shall;

Record the complaint in interview
and then..
The interviewing officer should inform the custody officer as soon as the interview is finished.
(No need to stop the interview to do this)

The custody officer must then inform the inspector.

Answer 60

A

An Inspector at a designated police station

Answer 61

A

There is no requirement for an officer who is a sergeant or above to supervise someone performing the role of custody officer

Answer 62

A

Interview must be interrupted and the detainee informed of the solicitors presence and asked if they would like to see the solicitor .

The solicitors attendance and the detainee’s decision must be recorded in the custody record

Answer 63

A

The entitlement to a copy of the record lasts for 12mths after the detainee’s release from police detention

But no such time restrictions is mentioned in code c regarding requesting inspection of the original custody record

Answer 64

A

Any clinical directions and advice including any further clarifications concerning the care and treatment of the detainee must be recorded in the custody record

However this does NOT REQUIRE the healthcare professional to record their clinical findings in the custody record.
Information about the Cause of any injury, ailment or condition does not need to be recorded in the custody record IF it appears capable of PROVIDING EVIDENCE of the offence

Answer 65

A

The superintendent delaying this right does NOT have to be independent of the investigation

Answer 66

A

Superintendent

Answer 67

A

Inspector

36hrs.

Answer 68

A

Inspector

If he reasonably believes that the detainee:

may have swallowed a class a drug and
was in possession of the class a drug with intention of supplying it to another or to export and
the detainee’s consent has been given in writing

An xray may only be taken at a hospital, surgery or other medical premsies

Answer 69

A

No. S35 does not allow for custody offices to be designated for part.of a day
Not even in cases of emergency

Answer 70

A

In connection with class a drugs OR
If an inspector has reasonable grounds to believe the person may have concealed upon themselves anything they could and might use to cause physical injury to themselves or others at the station

An inspector considers this not practicable, in which case a police officer could carry out the search (although this is very much a last resort!!)

Answer 71

A

Every 30 mins

Answer 72

A

Even if the person they want to contact is also wanted by police for the same offence and is still outstanding!!

Answer 73

A

To prevent or minimise harm or loss to some other person or public
to clear up an ambiguity in a previous answer or stmt
in the interests of justice for the detainee to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since they were charged/informed they may be prosecuted

Answer 74

A

Either on their detention being authorised on their arrival at a police station, or 24hours after the arrest time, whichever is sooner.

So if in hospital over 24hrs, the relevant time will becime 24hrs after the arrest time. (As this will be sooner than the time the detainee gets to the stn and his detention authorised)

Answer 75

A

A police officer or a member of police staff

Answer 76

A

S5 - inspector.

S6 - superintendent

For no more than 36hrs from the relevant time/start of custody clock

If a jeuvenille detainee then action to inform the AA and person responsible for the jeuvenille must nevertheless be taken

Similarly the code c S7 rights of a detainee who is a citizen of independent commonwealth country or foreign national cannot be interefered with (right to have high consulate/embassy informed)

If arrested under terrorism act 2000 then it is a superintendent who can authorise delay to both these rights

Answer 77

A

To advice the detainee
To observe whether intvw is being conducted properly and fairly
To facilitate communication with the detainee

Answer 78

A

An AA who is present at a strip search must be of the same sex as the detainee
Unless the detainee specifically requests the present of an AA of the oppisite sex

Answer 79

A

If it is necessary to avert an immediate risk of serious harm

Answer 80

A

Conducting the interview could significantly harm the detainees physical or mental state
anything the detainee says in interview about their involvement or suspected involvement in the offence might be considered unreliable in subsequent court proceedings because of their physical or mental state

Answer 81

A

How the detainee’s physical or mental state might affect their ability to understand the nature and purpose of the interview, to comprehend what is being asked and to appreciate the significance of any answers given and make rational decisions about if they want to say anything
the exten to which the detainee’s replies may be affected by their physical or mental condition rather than representing a rational an accurate explanation if their involvement in the offence
how the nature of the interview, which could include particularly probing questions, might affect the detainee

Answer 82

A

Safeguards can be put in place if required…. such as a healthcare professional may go into interview with detainee, as well as AA, to monitor the detainees condition and how iy is being affected in interview

Answer 83

A

In law, the gender (and accordingly the sex) of an individual is their gender as registered at birth UNLESS they have been issued with a Gender recognition certificate (GRC) under the gender recognition act 2004 - in which case their gender is their acquired gender and they must be treated as per that acquired gender.

When establishing gender for purposes of a search…

The person must be asked if they have a GRC
if there is doubt as to whether the person should be treated as male or female they should be dealt with as that sex

If at anytime there is doubt as to whether the person should be / should continue to be treated as being male.or female:
- the person should be asked what gender they consider themselves to be.. and sign the custody record to say what sex they want to be treated as. (Or sign pnb/search record if custody record not yet opened)
- The person should be treated according to their preference UNLESS:
There are grounds to doubt that preference (i.e documents/lifestyle etc make it clear they live predominantly as a different sex to that they have stated as their preference) .. then they should be treated according to what appears to be their predominant lifestyle, not their stated preference.

If the person is unwilling to state a preference then efforts should be made to determine their predominant lifestyle and they should be treated as per their predominant lifestyle.

If none of the above apply the person should be dealt with according to what reasonably appears to have been their sex registered at birth

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Week 4.. Detention PACE Code C Flashcards

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