POLICE POWERS 3

1
POLICE POWERS 3

• Regardless of the arrest power used, once
  arrested the suspect must be taken straight to
  the nearest designated police station s.30.
• The definition of a designated station is in
  s.35.
• Note the pivotal role of the custody officer a
  creation of PACE and the guardian of a suspects
  rights.
• The rank of the custody officer is in s.36.

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POLICE POWERS 3

• On arrival at the police station, suspect should
  be taken straight to the custody officer.
• Custody officer should open custody record for
  the suspect.
• The officer must then decide if the suspects
  detention is "necessary (s.37(2)
• Note the wording of PACE here.

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POLICE POWERS 3

• The custody record will contain certain basic
  information
• The officer must inform the suspect of three
  basic rights
•  
• (1) Right to have somebody informed of the
  arrest. (s.56)
• (2) Right to free legal advice.(s.58)
• (3) Right to consult the Codes of Practice.

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POLICE POWERS 3

• (1) Right to have somebody informed of the
  arrest. (s.56)
• Note that this is a right which can only be
  restricted in certain circumstances
  ss.56(2),(5).
• (2) Right to free legal advice.(s.58)
• Again this can only be restricted in certain
  circumstances. (s58(8). Note Article 6(3) ECHR.
  See Samuel 1988 2 All ER 135.

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POLICE POWERS 3

• (3) Right to consult the Codes of Practice.
• Rarely Exercised but still a concrete right.
• Note that a suspect must also be searched before
  being placed in a cell or detention room. See
  s.54 and be aware of the items that can be
  seized.
• A senior officer cannot order a custody officer
  to go against PACE see s.39(6)

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POLICE POWERS 3

• Interviewing Suspects
• See COP C.
• Interviews must be tape recorded. (s.60)
• Juveniles and vulnerable adults must be
  accompanied by an appropriate adult. COP C
  11.15-11.20.
• Interviews must not be oppressive s.76.

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POLICE POWERS 3

• Time Limits for Detention are set out in PACE
• Note the concept of the relevant time (s.41(2))
• Detention must be reviewed regularly to ensure it
  is still necessary. (s.40(3). Note that the
  review officer is NOT the custody officer
  s.40(1)(b).
• Failure to review renders detention unlawful -
  Roberts v. Chief Constable of Cheshire 1999
  EWCA Civ 665

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POLICE POWERS 3

• After 24 hours detention a further review must be
  carried out see. S42(1) as modified by s.7
  Criminal Justice Act 2003.
• After 36 hours detention, any further
  authorisation of detention must come from a
  Magistrates Court (s43.) Note especially
  s.43(7).
• The maximum period of detention is 96 hours.
  After that the suspect must be charged with an
  offence or released.

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POLICE POWERS 3

• If a suspect is charged, he may be kept in
  custody if s.38 is satisfied.
• Search and Seizure Powers
• If a suspect is under arrest, the search power in
  s.18 may be used.
• Note the requirement that it is used
  reasonably(s.18(3)) and its use is authorised
  (s.18(4))

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POLICE POWERS 3

• Where material is found in a lawful search, it
  may be seized s.19(3).
• Note also the power to seize material that is
  chanced upon s.19(3)(b).
• Note the exceptions to the seizure power .
  (ss.10-14)
• Note also s.17 for entry to make an arrest.