PACE provisions detention PDF

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PACE provisions outlined on detention- easy read...

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Part IV PACE detention. Section 36- Obliges Chief Constables to appoint at least one ‘custody officer’ (CO) per police station. They must be of the rank of sergeant or above. S.36- Arrested persons brought to the station must be presented to the CO as soon as practicable on arrival. The CO must open a Custody Record (essentially a log book) for each person brought to the station. At this point the CO must inform them of the matters stated in Paragraph 3.1 of Code C: I) Right to legal advice II) Right to have someone informed of their detention III) Right to consult the Code IV) If applicable the right to interpretation para.3.2, Code C: The CO must also provide the detained person with a written notice of these rights. This notice also sets out their right to a copy of the custody record and other facilities available to them at the police station. The central role of the CO is to make the decision as to whether the detention is authorised or not. Two instruments applied here; –

i) Under Art.5(1)(c) of the ECHR detention is only justified if there is reasonable suspicion that the suspect has committed a crime. Not a difficult hurdle.

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ii) More complex are the provisions under s.37 of PACE….

Part V- questioning and treatment of persons by police. •

s.54 of PACE obliges the CO to ascertain what is in the possession of the detainee. A non-intimate, non-strip search may be carried out by an officer of the same sex in order to do so. s.54(c) allows the CO to seize any items which are not clothes or personal affects (which can be seized under s.54(4)(a) if there is reasonable grounds to believe they might be used to cause physical injury, damage to property or to escape).

Length of detention S.41- ALL police detention is limited to a finite length under statute and in normal cases the limit is 24 hours - s.41(1) and (7).

There are slight differences as to when this ‘custody clock’ starts in different situations. This ‘start time’ is referred to in the section as the ‘relevant time’ (s.41(2)). S.41(2) covers 5 situations; S.41(2) (a)- covers people who are arrested in area 1 by another police force- clocks starts when they are taken to the police station. Unless they have been questioned in area 1. s.41(2)(c) – Covers people who have come to the police station voluntarily either with a constable or on their own and are then arrested whilst at the station. In such cases the clock starts on their arrest. s.41(2)(ca): covers a person who attends a police station to answer to bail granted under section 30A, here the clock starts at the time when he arrives at the police station. s.41(2)(d) – Covers all other situations (which in fact will be most situations). Here the clock starts on arrival at the police station after the arrest.

Usually, after the detention period has expired the suspect must be charged or released – s.41(7) s.41(9) a person cannot be re-arrested after the expiry of the custody limit for the same offence, unless there is new evidence s.42(1) At 24 hours detention can be extended up to 36 by an officer of at least the rank of superintendent Further extension of detention past 36 hours can only be authorised by the magistrates’ court under ss.43-45 up to a maximum of 96 hours from the ‘relevant time’

Questioning and gathering other evidence from suspects under detention Definition of an ‘interview’. PACE Code C para.11.1A “An interview is the questioning of a person regarding his involvement or suspected involvement in a criminal offence or offences, which, under paragraph 10.1 [of PACE Code C] must be carried out under caution” R v. Maloney and Doherty [1988] Crim LR 128 says interviews can occur away from the police station R v. Menard [1995] 1 Cr App R 306 – Core feature is the questioning. So it was not an interview for officers to note down details volunteered by a suspect without him being questioned.

PACE CODE C paragraph 12- meal breaks and rest times are subject to this code of practice. So, the suspect must have at least 8 hours of continuous rest from questioning (usually at night). Suspects have a legal right to private legal advice and to have a solicitor present (Code C Paras.6.1 and 11.2) unless a delay to that right is authorised under s.58(8) of PACE.

Code C Para.11.7(b) “The record must state the place of interview, the time it begins and ends, any interview breaks and, subject to paragraph 2.6A, the names of all those present; and must be made on the forms provided for this purpose or in the interviewer's pocket book or in accordance with Codes of Practice E or F”....