Custody Officer Duties Flashcards
What are the superintendent authorities?
Think 36 RUDE TERRORIST
Extending 24 hours to 36 hours
Road checks
Urgent interviews in absence of a solicitor, AA, interpreter or urgent interviews of unfit persons
Delaying right to legal advice under incommunicado
Excluding solicitors due to unreasonable behaviour
Terrorist offences
Can a police station become designated for part of a day?
No - it can be for a specified period or permanently
Under what circumstances can you take someone to a non-designated police station?
If detention will not or is unlikely to exceed 6 hours
Custody sgt is not readily available. What happens?
Officer of any rank not involved in investigation performs role.
Can be any rank unless a sgt is not otherwise engaged performing another role.
Who performs custody officer role at a non designated station?
Any rank not involved in investigation
What happens if no officers unconnected to investigation are available at a non-designated station?
Anyone else can perform, connected or otherwise
Need anyone be informed if someone performs the role of custody officer at a non designated station?
Inspector at designated station must be informed asap
I am custody officer at non designated suite and the prisoner looks like it will be there longer than 6 hours. What do i do?
Tell a super responsible for custody suite asap
What happens if we cant contact a nomination?
Automatic right to 2 more.
If they cant be contacted, the person in charge of detention or OIC retain the DISCRETION to allow further attempts until contact is made.
A nomination is requested however officers are going to search their address. Do we need inspectors permission to withold nomination?
No - officers can tell the person when they search.
Provided search will be conducted relatively quickly.
Does someone have the right to phone someone and writing materials?
They have the right to REQUEST.
You permit someone writing material or the ability to call home. What must they be told?
That the communication can be read or listened to and the contents given in evidence.
What happens if a DP’s friend calls in wanting to know info about why they have been arrested?
Only their whereabouts can be disclosed provided the detainee agrees and they are not held incommunicado.
Dp must agree first.
Only whereabouts can be confirmed.
Can people visit dp’s in custody?
If the dp agrees they may receive, at the custody officers discretion, visits from friends, family or others likely to take an interest in their welfare or in whose welfare the detainee has an interest.
They should be allowed when possible subject to having sufficient personnel to supervise the visit and any possible hindrance to the investigation it may cause.
Can i ever say to a dp that their time in custody will be reduced if they don’t get a solicitor?
Not unless i am answering a direct question
do you have to wait for the arrival of a solicitor for non intimate samples?
No
john is arrested for murder. He declines a solicitor. He is asked for the reasons why. The custody sergeant wants to sit him down and highlight the benefits of a solicitor as he is concerned. Can he do this>
No - once he has made it clear, that is it. No further attempts to ask should be made.
Mum requests that johnny (25) sees a solicitor and send one down to the station for him even though he has refused one. Solicitor arrives. What now?
Inform dp of presence and ask if they would like to see the solicitor
Record solicitors attendance an dp decision in custody record
must all consultation be in private?
Yes unless it is telephone comms the layout of the custody does not allow complete privacy.
Or it is terrorism and ACC or above authorises that the consultation must be done in sight and hearing of inspector or above unconnected
Under what circumstances can someone be held incommunicado?
PEARS
Interference with or physical harm to other people
Interference or harm to evidence connected to indictable offence
Alerting other people not yet arrested
Recovery of property
What must the super or above have RGB to delay access to legal advice?
Either
Inadvertently or intentionally pass a message on from the dp to the gang members who are at large
Or
Act in some way that would result in PEAR
Physical injury or interference to other people
Evidence connected with a serious offence
Alerting other people not yet arrested
Hinder recovery of property
Superintendent John has decided to delay the rights of legal advice with a specific solicitor. Must he now allow him access to another solicitor?
Yes the detainee must be allowed the opportunity to choose another solicitor
Superintendent John is overseeing a terrorism prisoner. He knows that he has the power to delay legal advice, notifications etc if he has RGB PEAR may occur. What else can he have RGB?
Interference with the gathering of info about the commission, preparation or instigation of acts of terrorism.
Alerting of a person making it more difficult to prevent an act of terrorism.
By alerting any person, making it more difficult to secure a persons apprehension, prosecution or intisigtion of acts of terrorism.
Superintendent John is overseeing Mohammed who has been arrested for terror offences. SECTU say that they think he has important info about an attack and want the super to stop his nominations and right to legal advice as they think alerting others may may make it more difficult to prevent an act of terrorism. Can he stop under these circumstances?
Yes
A super has prevented access to legal advice in a terrorism case because they have RGB a pear could occur.
What is the max time they can prevent access?
36 hours after relevant time for non terror and 48 hours for terror
Legal advice is prevented and I go into interview. Normal caution?
No - modified.
Under what circumstances can a super authorise an urgent interview?
Paper
Interference or harm to PEOPLE
ALERT others suspected of committing the offence but not yet arrested
Serious loss of or damage to PROPERTY
Interference with or ham to EVIDENCE
Hinder the RECOVERY of property obtained during the offence
And interviewing will not significantly harm either the suspects physical state or mental state.
SIO dealing with kidnap arrests the kidnapper. Can an urgent interview be done?
Yes - physical harm to other people
Super wants to authorise an urgent interview without an interpreter. Can this occur?
Yes however the interviewer must be able to speak the suspects language OR is able to establish effective communication in some other way.
Super authorises urgent interview without interpreter. Detective speaks very broken Arabic. Can he interview?
Yes - if he is able to establish effective communication.
Can you interview a juvenile at their place of education?
No unless there are exceptional circumstances and the principal or their nominee agrees.
Is want to interview a juvenile at their place of education. There are exceptional circumstances and the principal agrees. Do i need to notify anyone?
Yes the person responsible for their welfare and an appropriate adult who must be given time to attend,
Can a principal or nominee act as an AA?
Only if waiting for a parent would be an unreasonable delay unless the offence is against the school
Jo Berger has agreed to attend for interview but has 4 other prisoners. I am running out of PACE time. Can an urgent interview be authorised?
Yes a super may authorise an urgent interview if they have RGB that waiting for the arrival of a solicitor who has been contacted and has agreed to attend would cause an unreasonable delay to the investigation.
if we are doing an urgent interview without jo Berger, must we have asked for her ETA?
No - if practicable the solicitor should be asked for their eta. Not requirement.
Can you start an urgent interview if the solicitor is on their way?
It is not normally appropriate - doesn’t say you cannot.
Tristan Lawrence is arrested and requests jo Berger. She cant be contacted. What happens now?
Inspector can authorise the interview to proceed if jo cannot be contacted or cannot act and Tristan has been advised of duty solicitor and has declined it
The inspector has authorised an interview to commence after a dp changed their mind about a solicitor. What must i do in the interview?
At the beginning i must state that they have changed their mind, who has authorised interview and that i will stop interview when solicitor arrives without delay.
Who refuses a solicitor access to a dp?
Inspector if they consider that they will hinder investigation
what if a discredited police officer turns up to act as a solicitor? They are a proper solicitor.
Inspector can refuse access and consider them to be an unsuitable character.
Inspector has barred a solicitor because they are suspected of a criminal offence and the firm keep sending such individuals. Must they tell anyone?
Super an they may tell law society.
No obligation.
What can the solicitor do in interview?
Seek clarification Challenge improper questions Challenge improper manner Advise client not to answer questions Request a break to provide further legal advice
Jo Berger writes answers for the suspect to read. Is this unreasonable conduct?
Yes they could be excluded
What do you do if you want to remove a solicitor?
- Stop the interview
2. Consult a super or above (if not available, inspector or above) who is unconnected to Investigation
You want to kick out a solicitor and go to inspector Biggs because a super is busy. What happens now?
They must decide whether the interview should continue with that solicitor.
They must be able to satisfy a court that the decision was properly made. In order to do so, they may need to observe what is happening (discretion).
If they are excluded, the suspect must be given the opp to consult another solicitor. The interview cannot continue until they are there and the super will consider (discretion) reporting the solicitor to the law society and the legal services commission (duty solicitors only)
What is the age of juveniles in custody?
Now it is up until their 18th birthday
Unless it is consent issues relating to samples - a 17 year old can give consent alone.
If an aa is being informed about an arrest, what MUST they be told?
- That the juvenile has been arrested
- Why
- Where they have been detained
what if the juvenile does not want an adult informed of their arrest?
Must inform them anyway
Lauren bone is arrested. Do we inform parents as well as carer? She lives at home but is under care of LA.
Parents should normally be contacted as well unless they are suspected of involvement in offence.
Juvenile arrested and is under a court order. They are held incommunicado. Can we delay notifying someone or an organisation?
No
Dp says that they are not happy with interpreter. What happens now?
It is up to custody officer or interviewer whether a different one should be called.
Who reviews prisoners post charge?
Custody officers
Can post charge reviews be on the phone?
No always in person
Who has the right to make representations during reviews?
Suspect
Solicitor
AA
Persons with an interest in the DP’s welfare (discretion)
Can joe Kidman refuse to hear representations from a dp if he is extending his detention?
Yes if he is unfit because of their condition or behaviour.
at what point of the detention can we apply to a mags for a warrant?
- Before the 24 hours is up
- Before 36 is up
- Following the expiry of 36 hours but court couldn’t sit in time
When does the relevant time start for terrorism offences?
Time of arrest
who makes the application for further detention to the mags in terrorism cases?
Either a super or prosecutor
How long is the initial detention period for terrorism offences?
48 hours
what is the max time a terrorism prisoner can ever be held?
14 days.
2 days initially
Warrants - initial is 5 days
Subsequent warrants 7 days
Up to a max of 14 days
when does the review clock start?
When detention is authorised
Tilly is shaken violently and dies by her mother’s boyfriend. He doesn’t; live there but visits often. He has previously been violent towards Tilly. If she leaves her with him, could she be guilty of causing or allowing the death of a child?
Yes
It must be a vulnerable person or a child
Did she fail to take reasonable steps to protect her
Child the act have been foreseen
When must reviews take place and who by in terrorist cases?
As soon as poss after arrest and then at least every 12 hours by inspector
Under what circumstances can you interview someone post charge?
Preventing or minimising harm, old style caution given, no inference can be drawn
If someone refuses to sign for their property what should the custody officer do?
Note refusal and time.
No need for reason.
Must the police consider the welfare of appropriate adults in certain cases?
Yes
Who does the reviews for terrorism offences?
Inspector first 24 hours - super after every 12 hours
Do you still need to do reviews once a warrant for further detention has been obtained?
No
Can you do reviews on phone?
Only if video conferencing not available
Can you do video or telephone reviews for terrorism offences?
No must be in person
Like 24-36 hour extension
An officer on a kidnap investigation doesn’t want his name in the custody record through fear. Can we avoid using their name?
If we have RGB that recording or disclosing their name may place them in danger.
In such circumstances they should instead enter their warrant or ID number or the name of the police station.
If in doubt - consult an inspector or above
How long after the dp’s release can a custody record be requested?
12 months
Can you issue a simple caution without interviewing them?
Yes - provided there is clear evidence of an admission of guilt
Should juveniles be placed in police cells?
General rule - no
Unless there is no secure accommodation and the custody sgt considers that it isn’t practicable to supervise the juvenile if they are not placed in a cell or a cell provides more comfortable accommodation than other secure accommodation in the station.
Do you have to record the reasons for putting a juvenile in a cell?
Yes
How many meals and drinks should a dp get?
In 24 hours, 2 light meals and 1 main meal.
Drinks should be provided at meal times and upon reasonable requests between.
Should juveniles be visited more frequently and roused?
Wherever possible they should be visited more frequently
Can you do a strip search of a juvenile without an AA?
General rule an AA must be present.
Is searching the mouth an intimate search?
Yes
Can a male AA be present during a female strip search?
Yes but only if requested by dp
must there always be 2 persons present at a strip search?
Not if its urgent - risk of serious harm
Who authorises intimidate searches?
Inspectors
Does the DP need to consent to an intimate search?
Yes only to Class A. No consent required for items that may cause physical injury,
Who does intimate searches?
Nurses unless inspector considers it is not practicable for the search to be conducted by a nurse because the risk of allowing the suspect to remain with the item outweighs the risk of removing it
What happens if DP doesn’t want aa there but aa wants to be there for an intimate search?
Aa is present
Under what circumstances can you test for Class A in custody?
18 or over have been arrested but not charged
14 or over have been charged
Either arrested for trigger offence or RGS they have been arrested for ANY other offence and an officer of inspector rank or above has RGS that the misuse of Class A drug caused or contributed to offence.
What are the trigger offences?
Possession and upwards of drugs
Begging with Inspector authority
Fraud
Theft offences
Can you detain a dp after charge purely for a sample to be taken?
Yes up to 6 hours after charge