1. Police Powers Powers of Detention and Interview.

2. Revisit: Powers of Arrest TimingEventSection PAST – Actual Event Anyone who is guilty of the offence Anyone whom the constable reasonably suspects to be guilty PAST – Suspected Offences Where a constable has RG’s for suspecting that an offence has been committed he can arrest anyone whom he reasonable suspects to be guilty of it. PRESENT Anyone who is the act of committing an offence Anyone who the constable has RG’s for suspecting to be committing an offence FUTURE Anyone who is about to commit an offence Anyone whom the constable has reasonable grounds for suspecting to be about to commit an offence.

3. Arrest by private citizens Under what 4 circumstances can a private citizen make a citizens arrest? Under The Serious Organised Crime and Police Act 2005 (introduced 24A in PACE).

4. Reasonable grounds to believe the arrest is necessary to prevent the person: 1.Causing physical injury to himself or any other person 2.Suffering physical injury 3.Causing loss of, or damage to a property 4.Making off before a constable can assume responsibility for him.

5. Has there been a lawful arrest? After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests and ask why, the police officer says ‘you know what its for’. The police officer did not see the incident but was told by someone else at the scene that Damon was responsible.

6. Has there been a lawful arrest? Tony, a taxi driver, sees Gary climbing out of a window of a house. Tony catches hold of Gary and takes him to a nearby police station.

7. Has there been a lawful arrest? Amanda is stopped by the police for speeding. When one of the police officers asks her name, she replies ‘Superwoman’ She is then asked for her address and name which she refuses to give. The officer arrests her and takes her to the station.

8. Answers 1.Damon: Unlawful arrest (breach of Code G) 2. Tony Lawful under SOCPA 2005 3. Amanda Lawful arrest (s24) PACE

9. Powers of detention When a suspect has been arrested and taken to the police station, there are strict time limits on how long they made be held there. There are also rules about the treatment of people in detention contained in PACE (as amended by CJPOA 1994) in line with practice Code C.

10. Time FactorEvent(s) Start of detentionArrested Person arrives at station, custody officer decides if they should be detained. __________________First review by the CO 15 hours and every nine hours thereafter_______________ 24 hoursSummary offence –________________ Indictable offence – _________________ 36 hours_______________________________ ___________________________Maximum time for detaining an arrested person. Charge or release. Fill in the blanks…

11. Time FactorEvent(s) Start of detentionArrested Person arrives at station, custody officer decides if they should be detained. 6 hoursFirst review by the CO 15 hours and every nine hours thereafterSecond and subsequent reviews by CO 24 hoursSummary offence – charge or release. Indictable offence – >24 hrs superintendent> needed to extend detention to 36 hours. 36 hoursPolice may apply to magistrate to extend the period of detention for an indictable offence. 96 hoursMaximum time for detaining an arrested person. Charge or release.

12. There are however, exceptions for cases of Terrorism. What are they? (include the appropriate legislation).

13. Longer periods of detention: The Terrorism Act 2000 allows up to 14 days before charge. Extensions then have to be applied for at the magistrates court.

14. The rights of the suspect. Detainees must be told of their rights by the custody officer. What do these include?

15.  Having someone informed of their arrest (s56).  Being told that independent legal advice is available and free and they are allowed to consult privately with a solicitor. (Code C)  Being allowed to consult the Code of Practice. (Code C)

16. Having someone informed of their arrest. S.56 PACE The nominated person must be told of the arrest and where the suspect is being held. Code C states the suspect should be allowed a telephone call ‘for a reasonable amount of time for one person’. If under 17, the suspect must have someone responsible for them contacted too (s.57).

17. Legal Advice This right could be delayed by a senior officer for up to 36 hours, only on rare occasions is such a delay justified: R v Samuel (1988) R v Grant: CoA held that the courts will not tolerate illegal conduct by the police, such action often leads to the convictions being squashed.

18. Police Interviews Anyone detained can be questioned by the police, and until 1994 suspects had the right to silence. Since the introduction of the CJPOA 1994 s34-39, although a suspect can still remain silent, the judge can make inferences from the silence at court (14+).

19. Interviews have to be recorded (s60), and any information given to the police away from the police station that do not adhere to the rules of PACE will be deemed inadmissible. This occurred in the case of R v Halliwell in which the D made a confession of a murder of a young woman to police before reaching the station but would only answer ‘no comment’ during his police interview.

20. Treatment S76 PACE gives protection to suspects in custody in regards to the way they should be treated. Statements which have been obtained through oppression will be inadmissible. This includes: torture, inhumane treatment and the use or threat of violence. Code C also regulates the physical surroundings of the interview: lit, well ventilated and suspects must have regular breaks, refreshments and sleep.

21. Searches and Samples Police do not have the automatic right to search a suspect (remember when outside the station, police can only ask a suspect to remove their coat/jacket and gloves). Custody officers may however consider a non intimate search necessary as they have to record everything a suspect brings into the station upon arrest.

22. Strip Search A strip search is defined in Code C as what? The removal of anything more than outer clothing. The search has to take place in privacy with an officer of the same sex. Suspects are also entitled to cover one half of their body whilst removing the clothes of the other half.

23. Intimate searches Equates to a search of any orifice other than the mouth. Has to be authorised by a high ranking officer if they have suspicions of: o An item which can be used to cause physical injury to themselves or others o In possession of a Class A drug.

24. Fingerprints and samples Imitate samples are defined as: (a)“A sample of blood, semen or any other tissue fluid, urine or pubic hair. (b)A dental impression (c)A swab taken from any part of a person’s genitals or from a person’s body orifice other than the mouth.” -Can only be taken by a registered medical practitioner.

25. S.61 and s.27 gives police the right to take fingerprints from suspects, and s.61A (as amended by SOCPA 2005) allows impressions of footprints to be taken. Non-intimate samples such as hair and nail clippings can also be taken if authorised by an inspector or above (s63).

26. DNA and samples used to be held by the police indefinitely. However, after the case of S and Marper v UK (2008) the ECHR held that it was a breach of Article 8 (right to private/family life). Now, only DNA from individuals convicted of an indictable offence can be held indefinitely, and for those not convicted the restriction is 3 years: Protection of Freedoms Act 2012.

27. Breaches of PACE Leeroy and Martin activities p.153 (English Legal System Book). Have there been breaches of the rules of PACE and the Codes of Practice? If so, what has been breached?

28. Past Paper Question Oscar was arrested for aggravated burglary and taken to his local police station, which was short-staffed due to a flu epidemic. There was no one available to act as the custody officer, and no custody record was opened for him. Oscar asked to speak to his solicitor, but the arresting officer said there was no time to call them. Oscar’s request to have his wife informed was also denied. Oscar was placed in a cell without food and water, and left there for 37 hours before being collected for interview. On his way to the interview room he began to feel sick, and asked to see his doctor and lawyer. The interviewing officer agreed, on the condition that he confess to the offence. Oscar reluctantly agreed and signed a confession. Shortly after this, Harold, Oscar’s solicitor arrived to advise Oscar.

29. Past Paper Question A) In light of reported case law and other sources of law, consider whether Oscar’s right as a detainee were respected during his time in police custody. (14 marks) B) Describe the sources of legal advice and assistance that may be available to Oscar. (11 marks)