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 suspect’s rights. The rank of the custody officer is in s.36.

2. 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 suspect’s detention is "necessary“ (s.37(2) • Note the wording of PACE here.

3. 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.

4. 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.

5. 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)

6. 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.

7. 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

8. 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.

9. 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))

10. 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.