Custody Officer Duties Flashcards

1
Q

What are the superintendent authorities?

Think 36 RUDE TERRORIST

A

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

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2
Q

Can a police station become designated for part of a day?

A

No - it can be for a specified period or permanently

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3
Q

Under what circumstances can you take someone to a non-designated police station?

A

If detention will not or is unlikely to exceed 6 hours

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4
Q

Custody sgt is not readily available. What happens?

A

Officer of any rank not involved in investigation performs role.

Can be any rank unless a sgt is not otherwise engaged performing another role.

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5
Q

Who performs custody officer role at a non designated station?

A

Any rank not involved in investigation

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6
Q

What happens if no officers unconnected to investigation are available at a non-designated station?

A

Anyone else can perform, connected or otherwise

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7
Q

Need anyone be informed if someone performs the role of custody officer at a non designated station?

A

Inspector at designated station must be informed asap

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8
Q

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?

A

Tell a super responsible for custody suite asap

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9
Q

What happens if we cant contact a nomination?

A

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.

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10
Q

A nomination is requested however officers are going to search their address. Do we need inspectors permission to withold nomination?

A

No - officers can tell the person when they search.

Provided search will be conducted relatively quickly.

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11
Q

Does someone have the right to phone someone and writing materials?

A

They have the right to REQUEST.

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12
Q

You permit someone writing material or the ability to call home. What must they be told?

A

That the communication can be read or listened to and the contents given in evidence.

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13
Q

What happens if a DP’s friend calls in wanting to know info about why they have been arrested?

A

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.

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14
Q

Can people visit dp’s in custody?

A

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.

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15
Q

Can i ever say to a dp that their time in custody will be reduced if they don’t get a solicitor?

A

Not unless i am answering a direct question

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16
Q

do you have to wait for the arrival of a solicitor for non intimate samples?

A

No

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17
Q

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>

A

No - once he has made it clear, that is it. No further attempts to ask should be made.

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18
Q

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?

A

Inform dp of presence and ask if they would like to see the solicitor

Record solicitors attendance an dp decision in custody record

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19
Q

must all consultation be in private?

A

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

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20
Q

Under what circumstances can someone be held incommunicado?

A

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

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21
Q

What must the super or above have RGB to delay access to legal advice?

A

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

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22
Q

Superintendent John has decided to delay the rights of legal advice with a specific solicitor. Must he now allow him access to another solicitor?

A

Yes the detainee must be allowed the opportunity to choose another solicitor

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23
Q

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?

A

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.

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24
Q

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?

A

Yes

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25
Q

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?

A

36 hours after relevant time for non terror and 48 hours for terror

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26
Q

Legal advice is prevented and I go into interview. Normal caution?

A

No - modified.

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27
Q

Under what circumstances can a super authorise an urgent interview?

A

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.

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28
Q

SIO dealing with kidnap arrests the kidnapper. Can an urgent interview be done?

A

Yes - physical harm to other people

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29
Q

Super wants to authorise an urgent interview without an interpreter. Can this occur?

A

Yes however the interviewer must be able to speak the suspects language OR is able to establish effective communication in some other way.

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30
Q

Super authorises urgent interview without interpreter. Detective speaks very broken Arabic. Can he interview?

A

Yes - if he is able to establish effective communication.

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31
Q

Can you interview a juvenile at their place of education?

A

No unless there are exceptional circumstances and the principal or their nominee agrees.

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32
Q

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?

A

Yes the person responsible for their welfare and an appropriate adult who must be given time to attend,

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33
Q

Can a principal or nominee act as an AA?

A

Only if waiting for a parent would be an unreasonable delay unless the offence is against the school

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34
Q

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?

A

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.

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35
Q

if we are doing an urgent interview without jo Berger, must we have asked for her ETA?

A

No - if practicable the solicitor should be asked for their eta. Not requirement.

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36
Q

Can you start an urgent interview if the solicitor is on their way?

A

It is not normally appropriate - doesn’t say you cannot.

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37
Q

Tristan Lawrence is arrested and requests jo Berger. She cant be contacted. What happens now?

A

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

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38
Q

The inspector has authorised an interview to commence after a dp changed their mind about a solicitor. What must i do in the interview?

A

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.

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39
Q

Who refuses a solicitor access to a dp?

A

Inspector if they consider that they will hinder investigation

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40
Q

what if a discredited police officer turns up to act as a solicitor? They are a proper solicitor.

A

Inspector can refuse access and consider them to be an unsuitable character.

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41
Q

Inspector has barred a solicitor because they are suspected of a criminal offence and the firm keep sending such individuals. Must they tell anyone?

A

Super an they may tell law society.

No obligation.

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42
Q

What can the solicitor do in interview?

A
Seek clarification
Challenge improper questions
Challenge improper manner
Advise client not to answer questions
Request a break to provide further legal advice
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43
Q

Jo Berger writes answers for the suspect to read. Is this unreasonable conduct?

A

Yes they could be excluded

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44
Q

What do you do if you want to remove a solicitor?

A
  1. Stop the interview

2. Consult a super or above (if not available, inspector or above) who is unconnected to Investigation

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45
Q

You want to kick out a solicitor and go to inspector Biggs because a super is busy. What happens now?

A

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)

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46
Q

What is the age of juveniles in custody?

A

Now it is up until their 18th birthday

Unless it is consent issues relating to samples - a 17 year old can give consent alone.

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47
Q

If an aa is being informed about an arrest, what MUST they be told?

A
  1. That the juvenile has been arrested
  2. Why
  3. Where they have been detained
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48
Q

what if the juvenile does not want an adult informed of their arrest?

A

Must inform them anyway

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49
Q

Lauren bone is arrested. Do we inform parents as well as carer? She lives at home but is under care of LA.

A

Parents should normally be contacted as well unless they are suspected of involvement in offence.

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50
Q

Juvenile arrested and is under a court order. They are held incommunicado. Can we delay notifying someone or an organisation?

A

No

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51
Q

Dp says that they are not happy with interpreter. What happens now?

A

It is up to custody officer or interviewer whether a different one should be called.

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52
Q

Who reviews prisoners post charge?

A

Custody officers

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53
Q

Can post charge reviews be on the phone?

A

No always in person

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54
Q

Who has the right to make representations during reviews?

A

Suspect
Solicitor
AA
Persons with an interest in the DP’s welfare (discretion)

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55
Q

Can joe Kidman refuse to hear representations from a dp if he is extending his detention?

A

Yes if he is unfit because of their condition or behaviour.

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56
Q

at what point of the detention can we apply to a mags for a warrant?

A
  1. Before the 24 hours is up
  2. Before 36 is up
  3. Following the expiry of 36 hours but court couldn’t sit in time
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57
Q

When does the relevant time start for terrorism offences?

A

Time of arrest

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58
Q

who makes the application for further detention to the mags in terrorism cases?

A

Either a super or prosecutor

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59
Q

How long is the initial detention period for terrorism offences?

A

48 hours

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60
Q

what is the max time a terrorism prisoner can ever be held?

A

14 days.

2 days initially
Warrants - initial is 5 days
Subsequent warrants 7 days
Up to a max of 14 days

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61
Q

when does the review clock start?

A

When detention is authorised

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62
Q

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?

A

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

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63
Q

When must reviews take place and who by in terrorist cases?

A

As soon as poss after arrest and then at least every 12 hours by inspector

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64
Q

Under what circumstances can you interview someone post charge?

A

Preventing or minimising harm, old style caution given, no inference can be drawn

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65
Q

If someone refuses to sign for their property what should the custody officer do?

A

Note refusal and time.

No need for reason.

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66
Q

Must the police consider the welfare of appropriate adults in certain cases?

A

Yes

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67
Q

Who does the reviews for terrorism offences?

A

Inspector first 24 hours - super after every 12 hours

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68
Q

Do you still need to do reviews once a warrant for further detention has been obtained?

A

No

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69
Q

Can you do reviews on phone?

A

Only if video conferencing not available

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70
Q

Can you do video or telephone reviews for terrorism offences?

A

No must be in person

Like 24-36 hour extension

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71
Q

An officer on a kidnap investigation doesn’t want his name in the custody record through fear. Can we avoid using their name?

A

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

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72
Q

How long after the dp’s release can a custody record be requested?

A

12 months

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73
Q

Can you issue a simple caution without interviewing them?

A

Yes - provided there is clear evidence of an admission of guilt

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74
Q

Should juveniles be placed in police cells?

A

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.

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75
Q

Do you have to record the reasons for putting a juvenile in a cell?

A

Yes

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76
Q

How many meals and drinks should a dp get?

A

In 24 hours, 2 light meals and 1 main meal.

Drinks should be provided at meal times and upon reasonable requests between.

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77
Q

Should juveniles be visited more frequently and roused?

A

Wherever possible they should be visited more frequently

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78
Q

Can you do a strip search of a juvenile without an AA?

A

General rule an AA must be present.

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79
Q

Is searching the mouth an intimate search?

A

Yes

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80
Q

Can a male AA be present during a female strip search?

A

Yes but only if requested by dp

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81
Q

must there always be 2 persons present at a strip search?

A

Not if its urgent - risk of serious harm

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82
Q

Who authorises intimidate searches?

A

Inspectors

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83
Q

Does the DP need to consent to an intimate search?

A

Yes only to Class A. No consent required for items that may cause physical injury,

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84
Q

Who does intimate searches?

A

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

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85
Q

What happens if DP doesn’t want aa there but aa wants to be there for an intimate search?

A

Aa is present

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86
Q

Under what circumstances can you test for Class A in custody?

A

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.

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87
Q

What are the trigger offences?

A

Possession and upwards of drugs
Begging with Inspector authority
Fraud
Theft offences

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88
Q

Can you detain a dp after charge purely for a sample to be taken?

A

Yes up to 6 hours after charge

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89
Q

After the first review for a terrorism prisoner, when should the next one be?

A

12 hours by an inspector

90
Q

when does the relevant time start for terrorism cases?

A

Time of arrest - irrelevant about whose force owns the prisoner and where the arrest took place

91
Q

I decide to interview a dp at hospital because of a risk of loss of property. He was never booked in at custody as he was taken straight there. When would the pace clock start?

A

It doesn’t - as he is never booked in

92
Q

Female dp suspected of having a stolen credit card in her vagina. Can a intimate search be done?

A

No as it is not class a or risk of physical injury.

93
Q

If we want to take a sample of drugs, must it be within 24 hours?

A

Yes - 24 hours of ARREST not relevant time.

94
Q

Must we seek authority to interview a dp in hospital?

A

Only a responsible doctor

95
Q

When does a terrorism relevant time start?

A

Time of arrest unless schedule 7 examination then it is the time of the examination

96
Q

Where must a terrorism prisoner go after 14 days

A

Prison unless they request to stay in custody and we can accommodate them, it will significantly hinder the investigation or mean it is not investigated diligently

97
Q

How many youth cautions can someone have?

A

No limit

98
Q

What is the max time someone can be detained prior to charge?

A

24 hours
Plus 12 super
Plus 36 by mag
Plus final 24

Total 96 hours

99
Q

Under what circumstances can we strip search a juvenile without an AA?

A

Urgent or the juvenile doesn’t want the aa there and aa agrees

100
Q

When someone is bailed what happens to their review time?

A

It pauses and continues when they return = 6 hours from first det authorised

101
Q

Must the grounds of arrest always be recorded in the suspect’s presence?

A

Yes if reasonably practicable - even if they don’t understand

102
Q

A 16 year old boy has been arrested for rape. Officers want to take an intimate sample from him. He agrees to it and agrees that his AA does not need to be there. Officers call the AA on the phone who also agrees. Can we take the sample?

A

No - the juvenile must make the decision in the presence of the AA not on the phone

103
Q

It is an emergency. Can a non designated custody be designate for part of the day?

A

No - it can be designated for SPECIFIED PERIODS but not for part of the day

104
Q

I stop Derry Smith and he has a warrant from ROI. Can i arrest him?

A

Only if The person in question is accused in the territory issuing the warrant of the commission of a specified offence.

And

The warrant has been issued for the purposes of arrest and prosecution

105
Q

If a DP refuses to be interviewed in tape half way through the interview, what should the interviewer do?

A

They should tell them that PACE gives them an opportunity to provide an explanation for their objections on tape.

Once this has been done or they refuse to explain, the officer decides whether to do a written record or continue on tape.

The custody officer has no role to play however if they continue, it may be questioned in court.

106
Q

Scottish police officer on holiday in England notices a suspect wanted on warrant in Scotland. Can he arrest?

A

Yes - any officer from the origin of the warrant can

107
Q

Can information RE the suspects arrest and grounds be given remotely by the arresting officer?

A

Yes - it can be by another officer or remotely

108
Q

Suspect makes a written statement after caution in a language not English. What does the interpreter need to do?

A

Write it in the suspect’s language, suspect must sign it and then a written translation should be made in due course.

109
Q

A custody officer must consider certain points when first authorising a person’s detention under s. 37 of the Police and Criminal Evidence Act 1989.

What must the custody officer consider when booking them in?

A

Whether there is a need to secure or preserve evidence or obtain evidence by questioning.

It is not up to the custody officer to decide whether it is lawful arrest - it should be assumed it is lawful.

110
Q

What period of time can magistrates authorise beyond the initial 36 hours?

A

An initial 36 hours
Plus another 24 hours on top

Total = 60 hours

Overall total = 96 hours

111
Q

Who authorises drug tests in custody? Pre and post charge?

A

Both are inspector regardless of pre or post as long as they have RGS that the use of class a caused or have contributed towards the offence

112
Q

Who can apply for a warrant of further detention in terrorism cases?

A

The application to the court must be made by an officer at least the rank of superintendent, or a crown prosecutor.

113
Q

When is the relevant time for street bail cases?

A

The time they have been bailed until.

Not arrest. Not the time they were bailed. When they are due back.

If they are late, it is the time they arrive at custody. If it is the wrong custody, it is the time they arrive at the correct custody.

114
Q

TEVEZ is being detained for a suspected offence under the Terrorism Act 2000. The investigating officer intends applying for a warrant for further detention and a hearing is scheduled to take place in two hours’ time. There is sufficient detention time available to the investigating officers. However, TEVEZ’s detention has recently been reviewed and the reviewing officer has refused to authorise continued detention.

What happens now?

A

The police may continue to detain TEVEZ, regardless of whether a hearing has been arranged.

In cases where the person is detained under the Terrorism Act 2000 and the review officer does not authorise continued detention, the person does not have to be released if an application for a warrant for further detention is going to be applied for “or” if an application has been made and the result is pending.

Section 41(5) simply states that a person may be detained in these circumstances if the officer “intends” making an application for a warrant for further detention. There is no specific requirement for a hearing to have been arrange

115
Q

Three suspects arrested. We want to detain all three until we have spoken to each of them. What grounds must the custody officer have to keep them?

A

BROWN may be detained if the custody officer has reasonable grounds to believe it is necessary to preserve evidence.

116
Q

COLLINS has been charged with an offence of begging, under s. 3 of the Vagrancy Act 1824, in a police area where s. 63(B) of the Police and Criminal Evidence Act 1984 applies (testing for presence of Class A drugs).

Can we do a drugs test?

A

Yes begging offences are trigger offences.

He must be over 14.

The person must have been charged with a trigger offence, and a police officer of at least the rank of inspector may authorise a sample to be taken where there are reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence.

117
Q

Do you have to pre-warn AA’s if the case is graphic?

A

They need to consider the welfare of the appropriate adult but don’t need to pre-select or warn them about the nature of the case.

118
Q

What happens if an AA is deaf?

A

If the suspect appears to be deaf or there is any doubt about his/her hearing or speaking ability, an interpreter should be found (unless he/she agrees in writing to proceed without an interpreter. This is the same for AA’s.

If the suspect is deaf or there is doubt about his/her hearing ability, a contemporaneous written record should be made as well as the audio recording, this only applies to the suspect and not an appropriate adult.

119
Q

THRUSH was arrested for failing to appear at court and is in police custody awaiting court in the morning.

Who does the reviews and when?

A

Custody officer periodically.

Review officer for the purposes of ss. 40 and 40A of the 1984 Act means, in the case of a person arrested but not charged, an officer of at least inspector rank not directly involved in the investigation and, if a person has been arrested and charged, the custody officer. The detention of persons in police custody not subject to the statutory review should still be reviewed periodically as a matter of good practice. The purpose of such reviews is to check that the particular power under which a detainee is held continues to apply, that any associated conditions are complied with and to make sure that appropriate action is taken to deal with any changes. This includes the detainee’s prompt release when the power no longer applies, or his/her transfer if the power requires the detainee to be taken elsewhere as soon as the necessary arrangements are made. Examples include persons arrested on warrant because they failed to answer bail to appear at court. This review would be carried out by the custody officer not inspector

120
Q

Fred west is in custody for murder. How long can you delay his rights to informing someone of his whereabouts?

A

36 hours max. From relevant time.

121
Q

If a suspect is arrested outside of England or Wales, when would the relevant time begin once collected by uk police?

A

Where a person has been arrested outside England and Wales, that person’s ‘relevant time’ “shall be the time at which that person arrives at the first police station to which he is taken in the police area in England and Wales in which the offence for which he was arrested is being investigated” or the time 24 hours after the time of that person’s entry into England and Wales, whichever is the earlier.

122
Q

Do custody officers have to consider whether an arrest is lawful before authorising?

A

No

The Divisional Court held that there is no express or implied requirement imposing a duty on a custody officer to enquire into the legality of the arrest and that the custody officer is entitled to assume that the arrest was lawful

123
Q

When first authorise detention, what must a custody officer consider?

A

Section 37 of the Police and Criminal Evidence Act 1984 places a duty on a custody officer to determine whether a person should be charged, released with or without bail, or detained if there are reasonable grounds to believe that it is necessary in order to secure and preserve evidence relating to the offence for which he or she is under arrest, “or” to obtain such evidence by questioning

124
Q

Under what circumstances can we question Tim Barry at hospital?

A

Having never arrived the person is not in detention (answer C is therefore incorrect) and may be questioned away from the police station provided waiting would: • lead to interference with or harm to evidence connected with an offence or interference with or physical harm to other people or serious loss of, or damage to property; or • lead to the alerting of other people suspected of having committed an offence but not yet arrested for it; or • hinder the recovery of property obtained in consequence of the commission of an offence.

However, where a detainee is removed to hospital for medical treatment, time spent at the hospital or travelling to or from hospital does not count, except for any time spent questioning the person for the purpose of obtaining evidence in respect of an offence.

125
Q

If we question someone in hospital does it count towards the pace clock?

A

The questioning does only.

126
Q

Do we have to search everyone that comes into custody?

A

If a detained person is not going to be placed in a cell and is only going to be kept in detention for a short period, the custody officer has the option not to search (Code C, Note 4A). If no search is conducted, the custody record should be endorsed ‘not searched’ and the detainee will be invited to sign the entry. If the detainee refuses, the custody officer will be obliged to ascertain what property they have

127
Q

Could an application for a warrant of further detention be heard at crown court?

A

No must be mags

128
Q

Can the court still hear a warrant of further detention if 36 hours has elapsed?

A

Where it has not been practicable for a court to sit within the 36-hour period, an application for a warrant of further detention may still be made within the next six hours.

129
Q

What is the difference between other officers acting as custody officers at designated and non-designated stations?

A

In a designated station, it must be a Sergeant. If not a Sergeant any officer not connected with investigation. If there is a sergeant available they MUST act as custody officer.

In a non designated station, it is performed by any rank not involved. Or if no officers available, the arresting officer, officer involved or officer that granted street bail.

Tell inspector or above at a designated station.

130
Q

If someone cannot be contacted as a nomination. What now?

A

The dp has an AUTOMATIC RIGHT to choose up to 2 alternatives.

If they cannot be contacted, either the custody officer or OIC retain the DISCRETION to allow further attempts.

131
Q

Under what circumstances would legal advice be limited to telephone advice?

A
Arrested for non-imprisonable offence
Excess alcohol
Bop 
Bob 
Fta warrant

Unless

An interview will be conducted 
ID parade will be held
Eligible for an AA
Unable to communicate on phone
Alleges serious maltreatment from police
132
Q

How often do you wake drunk people?

A

Every 30 mins

Detainees should be visited every hour. If no reasonably foreseeable risk was identified in a risk assessment, there is no need to wake a sleeping detainee. Those suspected of being intoxicated through drink or drugs or having swallowed drugs or whose level of consciousness is cause for concern must, subject to any clinical directions, be visited and roused every half hour.

133
Q

At what point can a super authorise an extension?

A

The extension of a person’s detention by a superintendent or above must be made within 24 hours of the relevant time and cannot be made before at least two reviews have been carried out by a review officer

134
Q

What kind of info must be available to the super to authorise an extension?

A

To be able to satisfy the senior officer of this, it will be necessary for the custody record to be available for inspection and details of what inquiries have been made, and evidence that the investigation has been moving at a pace that will satisfy the senior officer that the inquiries should not already have been completed.

  1. Custody record
  2. Details of enquiries made
  3. Evidence that the investigation has been moving at a pace
135
Q

Juvenile suspect does not want solicitor. AA does. What now?

A

If the juvenile indicates that they do not want legal advice, the appropriate adult has the right to ask for a solicitor to attend if this would be in the best interests of the person. However, the detained person cannot be forced to see the solicitor if he is adamant that he does not wish to do so.

The appropriate adult “does” have the right to ask for a solicitor to attend if it is in the best interests of the detainee (and answer B is therefore incorrect); however, this right does not extend to forcing the juvenile to speak to the solicitor once he/she has arrived at the custody office.

136
Q

Can you apply for a warrant of further detention before the 36 hours is up?

A

The application for the warrant can be made at any time, even before a superintendent’s review has been carried out.

The application should be made within that 36-hour period; it should most certainly not wait to be made until a court is sitting after it expires.

137
Q

36 hours expires and you don’t have a warrant for further detention yet but need to keep someone in custody. Must you release them?

A

Note that the 6-hour extension only applies where the police can show that is was not reasonable to apply within the 36 hours.

There are dangers in applying outside the 36-hour period in that if the court feels that it would have been reasonable to make the application within the 36-hour period then it must refuse the application for the warrant regardless of the merits of the case.

If the application is refused, the person must be charged or released with or without bail at the expiry of the current permissible period of detention.

138
Q

Can an insp always be a custody officer?

A

officers higher in rank than a sergeant can perform custody duties and not just constables; answer B is therefore incorrect. However, this is only where a sergeant is not readily available to perform them.

The effect of s. 36(3) and (4) is that the practice of allowing officers of any other rank to perform the role of custody officer where a sergeant (who has no other role to perform) is in the police station must therefore be unlawful.

139
Q

A suspect fell from a roof during a burglary and was arrested but had to be taken to hospital.

The officers fear for the safety of another person still missing and wish to interview the suspect. Who gives us permission to interview at hospital?

A

a person in police detention at a hospital must not be questioned without the agreement of a RESPONSIBLE DOCTOR.

The Code does not mention, unlike drink/drive legislation, the doctor in immediate charge of the person’s car

140
Q

Can you interview after charge?

A

Yes

One of these exceptions is that questions may not be put unless they are necessary for the purpose of preventing or minimising harm or loss to some other person, or to the public.

This caution is the one outlined in Code C, para. 16.5: ‘You do not have to say anything, but anything you do say may be given in evidence.’ This caution is what is known as the ‘old style’ caution,

141
Q

Under what circumstances can a super delay access to a specific solicitor?

A

RGB

  • the solicitor would either inadvertently or intentionally pass on a message from the DP to gang members at large
  • or act in a way that would result in a PEAR

DP must be allowed opp to consult another solicitor.

142
Q

Can inspectors delay rights for terrorism cases?

A

No - for all rights (legal advice, notification of arrest, phone and letter) it is super.

143
Q

Under what circumstances can a super delay the rights of a terrorism suspect?

A

PEAR +

Interference with the GATHERING OF INFO about act of terrorism
ALERTING of a person making it more difficult to prevent terrorism
ALERTING making it more difficult to apprehended/convict a terrorist

144
Q

What is the longest time you can delay rights of someone?

A

36 hours non terrorism

48 hours terrorism

145
Q

A juvenile terrorist is arrested. The OIC wants to delay anyone else being told about arrest. Can they delay notifying their parents or an AA?

A

No - other rights can be delayed but the person responsible for the juvenile’s welfare must always be contracted as should their AA if applicable.

Same for mental health

146
Q

What is the extent of the risk of harm for a super to authorise an urgent interview?

A

Just interference with or physical harm to other people.

It is serious loss or damage to property though.

147
Q

A terrorist is arrested and the OIC believes that he has key info about an upcoming terror attack. He however appears to be in a state whereby his mental health is rapidly deteriorating. HCP say that he is not in a fit state to interview and it would cause him serious issues. However failing to interview could result in a terror attack and therefore physical harm to people (PAPER). Can we interview?

A

No - it meets paper criteria however…

Interviewing should not significantly harm either the suspects physical or mental state.

148
Q

Can you still interview a juvenile suspect at school even if the school is the victim?

A

Yes but principal cannot be AA.

To interview on school premises, there must be exceptional circumstances and the principal or nominee agrees.

149
Q

What are the differences between superintendents authorising urgent interviews and authorising interviews in the absence of a requested solicitor?

A

For interviews in the absence of a requested solicitor it can be PAPER and also the solicitor would cause an unreasonable delay.

150
Q

A gang are about to commit an armed robbery of a bank. The sweeney nick one suspect for conspiracy but the rest of the gang are outstanding. The sweeney don’t know what bank they are going to target. The suspect requests legal advice.

Could a super authorise an urgent interview?

A

Yes as any delay might lead to serious loss, damage to property or interference with or physical harm to other people.

151
Q

If someone is arrested for BOP, who reviews their detention?

A

Custody officer.

A case that supports this view is Chief Constable of Cleveland Police v McGrogan [2002] EWCA Civ 86 which involved a person detained at a police station overnight after having been arrested for breach of the peace. The Court of Appeal held that the need regularly to review the person’s detention was required even though breach of the peace was not an ‘offence’ for the purpose of s. 118; answers A and C are therefore incorrect. The effect of answer D is that a person could be detained for ever for a breach of the peace offence

152
Q

WILCE has been in custody for 26 hours, having been detained under the Terrorism Act 2000. A warrant of further detention has been applied for and granted by a magistrate, and WILCE has returned to the custody office.

At what intervals should WILCE now be reviewed in relation to his detention, and who should conduct the reviews?

A

No further review required

153
Q

CROCKER was charged and acquitted of a charge of murder by the Crown Court. Following further inquiries he was arrested under the Criminal Justice Act 2003 for that same murder and is in custody at the police station; CROCKER is not precluded from further prosecution by virtue of s. 75(3) of that Act.

Who is responsible for determining whether there is sufficient evidence to charge CROCKER with murder again?

A

Super

When a person is arrested under the provisions of the Criminal Justice Act 2003, which allow a person to be re-tried after being acquitted of a serious offence which is a qualifying offence specified in sch. 5 to that Act and not precluded from further prosecution by virtue of s. 75(3) of that Act, the detention provisions of PACE are modified and make an officer of the rank of superintendent or above who has not been directly involved in the investigation responsible for determining whether the evidence is sufficient to charge

154
Q

A detainee is hammered and is abusive towards the reviewing inspector in the cell. Does the inspector have to take their representations? If not, as his solicitor is present, must he listen to their representations instead?

A

Do not have to listen. Does not have to listen to solicitor.

The authorising officer may, however, refuse to hear oral representations from the detainee if the officer considers them unfit to make representations because of their condition or behaviour; answers A and B are therefore incorrect. Should this happen there is no need to ensure another person makes representations.

Other people having an interest in the detainee’s welfare may also make representations at the authorising officer’s discretion.

155
Q

If there is a warrant for further detention for terrorism offences, what are the review times and who by?

A

No further reviews.

Where a person is in custody for an offence under the Terrorism Act 2000, the first review should be conducted as soon as reasonably practicable after his or her arrest and then at least every 12 hours; after 24 hours it must be conducted by an officer of the rank of superintendent or above. Once a warrant of further detention has been obtained there is no requirement to conduct further reviews

156
Q

What is the minimum time a non designated station can be temporarily designated?

A

The only proviso for temporarily designating a police station is that it cannot be designated for part of a day, 24 hours is the minimum

157
Q

When should the first review be for terrorism cases?

A

Asap after arrest and 12 hours after.

Inspectors do the reviews for the first 24 hours.

158
Q

Drug dealer puts a package in his mouth. Is it an intimate search if I want to get the package out? Can it be in public?

A

This is non intimate and can be done in public view. Intimate is a body orifice other than mouth. Only out of public view if removing more than JOG

159
Q

Can an intimate search take place at custody?

A

No must be in hospital, surgery or other medical premises.

160
Q

Who can provide the circumstances of arrest to the custody officer?

A

The arresting officer remotely (on the phone/ptp) or another assisting officer.

161
Q

Can a under 14 ever be tested for class a in custody?

A

No never.

14-17 - if charged
18 or over - arrested or charged

162
Q

Does a suspect have a right to write to their solicitor or is it just in person and phone?

A

Yes writing including

163
Q

Can we take fingerprints of a suspect when they return on bail?

A

Yes but only if authorised by an inspector - no consent required.

Unless we dispute who they are = no consent needed.

164
Q

Who is responsible for making sure there are enough interpreters?

A

Chief officer

165
Q

Do we have to note down anything a suspect says in relation to the arresting officers’ account in the custody record? Even if it is irrelevant such as ‘what a load of bollocks’ etc?

A

Yes the custody officer should record ANY comment the DP makes in relation to the arresting officer’s account but shall not invite comment.

166
Q

Suspect’s mum wants to consult the custody record. Must we let her?

A

Yes

Asap after their arrival at the station and at any other time whilst the suspect is detained. However the request may not unreasonably interfere with the custody officer’s duties.

167
Q

Can a DO search a DP answering bail on live link?

A

Yes DO’s and Constables. Must be same sex.

168
Q

Frank answers bail via live link. I believe he has drugs in his pants. Can i do an intimate search?

A

No this power doesn’t allow intimate searches only normal searches and search of their belongings.

I must believe he has something in his possession which jeopardises the maintenance of the station, safety of persons or evidence.

169
Q

Suspect returns on live link bail. What can i search them for?

A

Must be same sex.

  1. May jeapordise maintenance of order in police station
  2. May put the safety of any person at station at risk
  3. May be evidence of or in relation to an offence
170
Q

Suspect returning on livelink bail. Must i suspect or believe that the DP has items on him?

A

Believe

171
Q

Suspect refuses to be searched on live link bail. Arrest?

A

Yes if they refuse to be searched.

172
Q

Under what circumstances can you take a DP to non-designated station?

A

If either:

  1. They have arrested someone without the assistance of any other Constable and no other Constable is available to assist
  2. The Constable has taken them to custody from a person other than a Constable without assistance as above

Or
It appears that they will not be able to take the DP to a designated station without the DP injuring themselves, the Constable or another person

173
Q

What is the maximum time you can hold someone incommunicado?

A

36 hours

174
Q

Under what circumstances can you x ray a DP?

A
  • Person arrested in police detention
  • authorised by inspector
  • RGB swallowed class A drug
  • AND was in possession of that drug with intent of supplying or exporting AND
  • The DP consents

No force can be used

175
Q

Can you force someone to have an X Ray?

A

No - DP must consent.

176
Q

DP swallows cannabis. Can we do an x ray?

A

No must be class A?

177
Q

DP arrested on suspicion of possession of Class A. He says he has swallowed loads of drugs. Can we do an x ray>?

A

No must be supply or export offence

178
Q

For voluntary interview, who signs the seal if the suspect refuses to sign it at the end?

A

Sergeant if suspect has not been arrested

179
Q

Do you need a authority to take footwear impression?

A

No

Recordable offences and over 10’s only.

180
Q

What reasons can there be to not relay the circumstances of the suspect’s arrest to the custody officer in the suspect’s presence?

A
  1. Violent
  2. Incapable
  3. Medical
181
Q

Does a suspect have a right to privacy when calling friends and family?

A

No

182
Q

Suspect being booked in from a consular country. What happens now?

A

Usually we ask them whether they want the embassy informed however if it is a consular country, we AUTOMATICALLY inform them of the DP unless they are a refugee or asylum seeker. If they are, we tell UKBA.

183
Q

If an appropriate adult is obstructive or unreasonable, what do I do?

A
Stop the interview
Consult a superintendent 
If not readily available an inspector 
Super or insp reminds them of their role
Gives them opp to respond
Inspector or super decides whether to kick them out or not
If they do - new AA
184
Q

Do the mags need to suspect guilt like super extension?

A

No

185
Q

If an AA wants to stay during an intimate search but the DP doesn’t want to, what happens now?

A

AA stays

186
Q

For testing class A, is it RGS or RGB that the presence of Class A caused or contributed to the offence?

A

RGS

187
Q

If an inspector prevents a certain solicitor from entering the custody area, must they tell the super?

A

May not must.

In relation to informing the Law Society, if an inspector considers a particular solicitor or firm of solicitors is persistently sending probationary representatives who are unsuited to provide legal advice, he/she should inform an officer of at least superintendent rank, who may wish to take the matter up with the Law Society. This is not mandatory in every case and would depend on the company itself.

188
Q

If an inspector refuses access to an accredited representative, must the inspector do something?

A

the inspector must notify the solicitor’s company, to give them an opportunity to make alternative arrangements

189
Q

Under what circumstances can an intimidate search be authorised?

A

The search may be authorised “only” when the authorising officer has reasonable grounds for believing that the person has concealed an article which could be used to cause physical injury, or has concealed a Class A drug which he or she intended to supply to another or export.

190
Q

If a DP has been remanded, who reviews and when?

A

Custody officer within 9 hours of the last review.

191
Q

Under what circumstances can you photograph people away from the police station?

A
  1. Arrested for ANY offence - including summary
  2. Made to wait by a PCSO
  3. Given direction under anti-social behaviour act
  4. Given an FPN in uniform
  5. FPN by PCSO
192
Q

PCSO detaining someone. Can we photograph them?

A

Yes with or without consent

193
Q

If we give someone a direction to leave under section 35, can we photograph them?

A

Yes

194
Q

If we carry out a negative stoop search, can we photograph them?

A

No

195
Q

If a juvenile is arrested that is in care but also subject to supervision requirements from the YOT. Do we have to inform the local authority and the YOT?

A

Yes

If a juvenile is known to be subject to a court order under which a person or organisation is given any degree of statutory responsibility to supervise or otherwise monitor them, reasonable steps must be taken to notify the responsible officer of the organisation.

Regardless of incommunicado.

196
Q

If a DP is visually impaired and cant read the custody record but has been asked to sign it. What happens now?

A

Custody officer shall make sure their solicitor, relative, AA or some other person likely to take an interest in them and not involved int he investigation is available to help check any documentation.

This person could sign instead if the DP prefers!

197
Q

Can you delay rights for a summary offence?

A

No must be indictable!

198
Q

DP has been arrested and is from a nation that does NOT have a bilateral consular convention or agreement. What happens?

A

The embassy/consulate etc is only informed of the whereabouts and grounds of arrest if the DP wants them to be informed.

199
Q

DP is from a country that has a bilateral convention or agreement. What happens now?

A

The DP must be informed that notification of their arrest will automatically be sent to the embassies etc ASAP whether they request it or not.

The only exception is if they are a refugee or the have applied or intent to apply for asylum.

If they are/have then the UKBA must be informed ASAP and it will be up to the UKBA

200
Q

Can we delay the right to have an embassy informed if there is a PEAR?

A

No - this right can never be delayed.

201
Q

A DP is a member of bilateral convention country. He has been told that we are automatically telling his country of his arrest. He states that whilst he is not a refugee, he intends to apply for asylum at some point. What do we do now?

A

As he intends to apply for asylum, we must tell the UKBA who decide what to do. UKBA then have to tell us.

202
Q

If a DP is from a bilateral country and states that they are a refugee or asylum seeker (or intending to apply for asylum), we have to tell the UKBA. What do they do?

A

They decide whether they notify the embassy. The UKBA will also inform the custody officer as to what action they are taking.

203
Q

Is there a right for consular officers to visit DP’s?

A

Yes

Such visits shall take place out of the hearing of a police officer.

204
Q

A consular officer has visited a DP. Can we listen in to their conversation?

A

No such visits should take place out of the hearing of a police officer.

205
Q

When must an urgent interview stop?

A

Once sufficient information has been obtained to avert the risk questions must cease until the DP has received legal advice.

206
Q

Must the inspector informed when a non designated situation is created be any inspector or one from a designated suite?

A

Designated

207
Q

Can we only do Class A drug testing for trigger offences?

A

No - ANY offence (including summary) as long as Insp or above RGS that their misuse of any specified Class A drug caused or contributed to the offence.

208
Q

Where does the six hour extension come in for drug testing?

A

A DP who has been charged may be detained for up to six hours after charge if the custody officer reasonably BELIEVES the detention is necessary to enable a sample to be taken.

Must be charged!

209
Q

If a suspect is due to be released but you need to still detain them for a drug test, can you?

A

Yes

But not beyond the 24 hour relevant time. If charged = 6 hour time extension can be applied.

210
Q

Can you use force to do a drug test?

A

No

It is an offence to not do a drug test.

211
Q

I know that if someone fails a drug test, we can require a DP to attend an initial assessment and follow up assessments. What must we tell them about the follow up assessment?

A

If at the initial assessment, they deem the follow up is unnecessary then they do not have to attend.

212
Q

Can drug assessments be required of juveniles if they fail a test?

A

No

Adults only

213
Q

What is the important thing to remember about the class of drugs for drug tests?

A

Everything relates to Class A only. Trigger offences are Class A and we are testing for presence of Class A.

214
Q

What are the trigger offences for drug tests?

A

Theft offences - (includes handling and going equipped)
Drug offences - class A only (PWITS/production and possession)
Fraud offences - includes possessing/making articles
Begging - you don’t need an Inspector authority

215
Q

If we want to do a intimate search on someone because we have RGB that an intimate search is the only means of removing the Class A drug which they intended to support or export, what do we need to remember?

A

The DP must consent in writing

216
Q

Who carries out intimate searches?

A

Registered medical practitioner or registered nurse

UNLESS

An Inspector considered this is not practicable AND it may cause physical injury to themselves or others, then the inspector may authorise a police officer to do it,

217
Q

Where can intimate searches take place?

A

Items that could harm - police station, hospital, surgery or medical premises
Class A drugs used to supply/export - the above - not a police station

218
Q

Under what circumstances do we give warnings for intimate searches?

A

For the drug search, you must tell them they do not have to consent but that it may harm their case if it comes to trial.

219
Q

Can we use force on an intimate search?

A

Drugs - no - adverse inference

Harm - yes

220
Q

What happens if there is a DP that states that they are of a different gender?

A

The person should be asked what gender they consider themselves to be. If they express a preference, they should indicate this and confirm by signing the custody record.

221
Q

What happens if the DP states that they are a certain gender however it is clear that they are not?

A
  1. They indicate a preference and sign the custody record
  2. They should be treated according to what appears to be their predominant lifestyle and not their stated preference
  3. All officers responsible for the search where possible should be advised before any search takes place