Legal Mr Gary Dickson Detained at North Park Road police station, Chester Suspicion of s.47 Offences Against the Person Act, assault occasioning actual bodily harm Incident at Connelley’s night club Contact made this morning by Sergeant Dunn
By the end of this session you will be able to advise Mr Dickson on his rights at the police station Legal • You will have the information to advise him on: • How long he will be detained and what are his rights whilst detained? • What is the procedure and what are his rights during an interview? Does he have to talk? • What are his rights regarding being searched and giving samples and fingerprints
Length of detention • Can be detained for 24 hours which can be extended for another 12 hours with the permission of a senior officer • For indictable offences the police have to apply for an extension to hold defendant for 96 hours • In terrorism cases the limit is 28 days • How does this relate to Mr Dickson?
Right to have someone informed of your arrest - PACE s.56 • You have the right to have someone informed of your arrest • A senior officer may delay this for up to 36 hours • After this period has expired someone must be told should you desire it.
Right to legal representation – PACE s.58 • You have the right to legal representation (a lawyer) free of charge. • You must be informed of this, and an interview may not begin until you have representation, or you have declined representation; unless the lawyer is on their way and it would be obstructive to the police to wait.
Right to consult the Code of Practice- CODE C • You can consult the Code of Practice (police rules) should you desire.
Right to a comfortable environment- CODE C • Your cell must be adequately cleaned, lit, ventilated and heated.
Right to food and water • You are entitled to two light meals a day and one heavy one, all with a suitable drink. • Religious and dietary requirements MUST be met. • How does this impact on Mr Dickson?
Right to a phone call • You are allowed a single telephone call, “for a reasonable time to one person.”
Rights of under 17s and mentally handicapped people • If you are under 17, or mentally handicapped, you have the right to have an appropriate adult present at your interview. • This may be a care-giver, parent, or anyone whom you feel safe with.
Right to exercise and rest - CODE C • You are entitled to half an hours’ exercise every 24 hours. • Must be given a break every 2 hours • Must be allowed 8 hours continuous rest in 24 hour period
Rights at interview • The interview must be tape-recorded, two copies are made and one is sealed • Right to have a solicitor present • s.76 PACE means that the Court will not consider in evidence any statement obtained through oppression
Right to silence? "You do not have to say anything, but it may harm your defence if you fail to mention when questioned something which you later rely on in court. Anything you do say will be given in evidence." • ss34-39 Criminal Justice and Public Order Act 1994 • If you stay silent at interview and then give an explanation at court the court is allowed to consider why you didn’t explain yourself before. • What does this mean for Mr Dickson?
Research task Legal • You have ten minutes to research one of the following areas: • Searches • Fingerprinting • Samples • Record your finding in your grid • You will then have to report back to the rest of the group
What do I need to advise Mr Dickson? Legal • Use your post it note to record the three most important things that Mr Dickson needs to know 1. 2. 3.