Detention: Interviews + Clock Times
- Created by: Hayley Petts
- Created on: 29-12-12 09:32
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- Detention: Interviews and Clock Times
- Times
- summary offence
- can only be detained for a maximum of 24 hours
- indictable offences
- can be detained for a another 12 hours
- permission of senior officer (superintendent or above)
- can be detained for a another 12 hours
- Magistrates can order a detention for a maximum of 96 hours
- 1% of cases
- custody officer to review 6 hours from start and then 9 and then 15
- Terrorism cases
- detention may be extended to 14 days by a magistrate
- must be charged or released after this
- senior judge needed to make 28 days
- must be charged or released after this
- senior judge needed to make 28 days
- Code H
- PACE 1984
- detention may be extended to 14 days by a magistrate
- summary offence
- Rights of Detained Person
- must be told their rights by custody officer
- right to have someone informed
- s.56 of PACE
- done as soon as practicable
- indictable offences
- senior police officer may authorize a delay of up to 36 hours
- reasonable suspicion that it may affect evidence
- senior police officer may authorize a delay of up to 36 hours
- Code C
- for a reasonable time to one person
- if under 18 must contact someone responsible for their welfare
- Right to Legal Advice
- s.58 of PACE
- own solicitor or duty solicitor
- senior officer can delay a suspects rights to see a solicitor up to 36 hours
- reasonable suspicion that solicitor is involved with case or may harm evidence
- R v Samuel stated it would only be on rare occasions
- reasonable suspicion that solicitor is involved with case or may harm evidence
- right to see codes of practice
- adequately clean, lit, heated, ventilated cell
- 8 hours rest in any 24 hour period
- adequate food and drink in any 24 hour period
- Interview
- must be tape recorded or video in some police stations
- more than one copy in case one is altered
- Code F for Video Tape
- breaks every 2 hours
- appropriate adult for under 18s
- right to have solicitor present
- unless interview requires urgency
- R v Samuel
- No oppression or ill treatment
- Right to silence
- CJPOA 1994
- presumed guilty
- Code C
- detained person must be sat in the interview
- Custody officer must keep a record of all aspect of detentions
- s.53 of PACE
- Code E
- must be tape recorded or video in some police stations
- Times
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