Rights of the detainee Flashcards
How long can a detainee be held in custody?
24 hours
How long can custody be extended? What are the requirements? (4)
up to 12 hours
i. indictable offence
ii. in writing by at least superintendent
iii. diligent and expeditious investigation
iv. reasonable grounds to believe detention was necessary to:
a. secure or preserve evidence
b. obtain evidence by questioning
What steps can you take to extend detention beyond the police extension? How much longer can you extend it for?
apply for Magistrates Court warrant
MAX 72 hours (36 hours on first application)
When must the first review of the detainee take place?
Not more than 6 hours after authorisation
How often must the detainee’s custody be reviewed?
Every 9 hours
How long can legal representation be delayed? What are the conditions? (3)
MAX 36 hours. If:
i. indictable offence
ii. in writing by superintendent, and
iii. reasonable grounds to believe:
a. interference/harm to evidence
b. “ “ to others
c. altering other suspects
d. hinder recovery of property
Can the police deny access to a named solicitor? On what grounds? What must the police offer if they do so?
Yes. If there are ground to believe that a named solicitor will facilitate the 4 grounds
Must offer access to alternative
How long can the right to inform someone of arrest be delayed? What are the conditions? (3)
MAX 36 hours. If:
i. indictable offence
ii. in writing by at least inspector
iii. reasonable grounds to believe
a. interference/harm to evidence
b. “ “ to others
c. altering other suspects
d. hinder recovery of property
Who can have access to an appropriate adult?
Under 18s/mentally vulnerable
When can the right to an AA be delayed?
i. indictable offence
ii. in writing by at least Superintendent
iii. reasonable grounds to believe that waiting for an AA would lead to:
a. interference/harm to evidence
b. “ “ to others
c. alerting other suspects
d. hinder recovery of property
What is the right to legal representation?
Right to consult solicitor privately at any time
Can the right to an appropriate adult be delayed? On what grounds?
Yes.
On one of the 4 grounds (reasonable grounds to believe…)
What are the consequences if the police fail to conduct timely reviews of detainee?
tort of false imprisonment
What are the 5 key rights of the detainee?
- timely review
- legal representation
- inform someone of arrest
- AA
- consult the PACE codes of practice
What is the right to inform someone of arrest?
tell one person who would be concerned about their welfare that they have been arrested and are being held by the police
