Police Powers and Duties and the Police Station
- Created by: KG1999!
- Created on: 25-09-23 17:37
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- Police Powers and Duties and the Police Station
- Procedure on arrival
- Arresting Officer: power of arrest without warrant s24 PACE, Tell arrested person they're arrested s28(1) and on what grounds, Caution before questioning, take to station immediately after arrest s30, bring to custody officer.
- Custody Officer: At least rank of sergeant, not connected to investigation s36, Give oral an verbal statement on their rights (free legal advice s58 and inform someone of arrest s56), sufficient evidence? s37(1), open written custody record s36 (name, address, number, DOB, occupation, reason for arrest, time of arrest and arrival at station, reason for detention, rights been read.
- May search suspect and seize items, attach detention log to record significant custody events, may authorise detention without charge if not enough evidence but reasonable grounds for detaining, if sufficient grounds then charge client. If grounds cease the suspect must be released as soon as aware s39
- Volunteer Rights - those asked to go to station to answer qns but not arrested. Can leave at any point unless arrested s29, entitled to free legal advice.
- Role of Solicitor
- Defence Sols provides assistance and advice to suspect. If charged then they will represent in proceedings before court. If Crown Court they will instruct solicitor/barrister
- Objectives 1. Find out about alleged offence - consider admissibility defects. 2. Find out any breaches of procedure and codes by police 3. Check on client's state/vulnerabilities
- Telephone Call - identify themselves, ask client to confirm they want sol there, remind client advice is free. Client should confine themselves to yes/no answers.
- Speak to custody officer - view custody record/detention log (any confliction between the two?), speak to custody officer
- Alleged offence, time when detention with authorised, grounds for detention, significant comments from client, samples/fingerprints, any interviews, client disability, any illnesses, significant items from search, whether they have been there over 6 hours
- Speak to investigation officer - facts of offence, anyone else?, disclosure of evidence (if don't provide then sol unable to advise client of nature of case), statements made? Any other areas of investigation?
- Speak to client : give client details what they have been told, advise on law and what police need to prove, obtain client's version of events, advise on next steps of appropriate method of answering police questions
- Points to consider when assessing custody record/detention log
- Suspect kept longer than permitted? Max stay 24 hours, if arrested time they arrive, if voluntarily but arrested after then time of arrest. Extensions of up to 36 hours can be granted if authorised by superintendent that this will secure more evidence of indictable offence i.e. murder, ****. Any further extension requires warrant from magistrates.
- Detention reviewed carried out on time? First review - no later than 6 hours after detention authorised, Second review - no later than 9 hours after first review, subsequent no more than 9 hours in between. If this is not adhered to then it is unlawful imprisonment
- How has client been treated? Code C. Cell must be adequately lit, cleaned and ventilated, bedding clean, loo and wash facilities, 2 light meals and 1 main meal in 24 hours, exercise outside if practicable, visits - at least once an hour, received medical attention if injured, medication, girls under 18 under female supervision
- Under s56(1) request someone is informed of their arrest. Police can delay this for max 36 hours, if authorised from inspector, detained for indictable offence, reasonable grounds for delay i.e. harm someone, alter other suspects
- Were reasonable requests for drinks or medication also refused?
- Under s56(1) request someone is informed of their arrest. Police can delay this for max 36 hours, if authorised from inspector, detained for indictable offence, reasonable grounds for delay i.e. harm someone, alter other suspects
- Important to note anything as this could be grounds to argue that any interviews/confessions are inadmissible
- Procedure on arrival
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