6. Detention and Treatment of Persons by Police Officers

Question 1

Who must be informed where officer performs duties of custody officer?

Answer 1

INSPECTOR attached to DESIGNATED POLICE STATION

Question 2

What rank must a custody officer be?

Answer 2

At least SERGEANT unless not readily available

Question 3

Can an officer of any rank perform the role of custody officer at designated or non-designated police stations?

Answer 3

Yes, both

Question 4

Whose authorisation do you need to deny or delay the privilege of writing materials or a telephone call?

Answer 4

INSPECTOR or above

Question 5

How long can privilege of writing materials or telephone call be denied or delayed for?

Answer 5

36 hours maximum (48 hours terrorism) from relevant time

Question 6

Who can authorise delaying access to a solicitor?

Answer 6

SUPERINTENDENT

Question 7

When can access to a solicitor be delayed?

Answer 7

If will interfere with evidence relating to INDICTABLE OFFENCE

Question 8

What happens to the PACE clock where an arrested person is then wanted for a second offence within the same force area and further arrested?

Answer 8

Detention clock is SAME TIME AS ORIGINAL OFFENCE

Question 9

Who can authorise detention beyond 24 hours?

Answer 9

SUPERINTENDENT

Question 10

How long can extended detention be authorised for?

Answer 10

Up to 36 hours

Question 11

When can detention be extended?

Answer 11

INDICTABLE OFFENCE only

Question 12

Does the right to private consultation with solicitor apply to juveniles?

Answer 12

Yes

Question 13

Can a juvenile request a private consultation with their solicitor without an appropriate adult present?

Answer 13

Yes

Question 14

Can a juvenile be placed in a cell with a detained adult?

Answer 14

No

Question 15

Can a juvenile be placed in a cell?

Answer 15

Yes, if no other secure accommodation is available and it is not practicable to supervise them otherwise, OR a cell provides more comfortable accommodation

Question 16

Who can authorise a juvenile being placed in a cell?

Answer 16

Custody officer

Question 17

Is a person at court after being charged in police detention?

Answer 17

NO

Question 18

Are urgent interviews admissible in court?

Answer 18

Yes, as long as it can be justified

Question 19

Will an inference be drawn from failure to answer questions in an urgent interview?

Answer 19

No, if the suspect has not been allowed the opportunity to consult a solicitor prior to being questioned

Question 20

Who can authorise an urgent interview?

Answer 20

SUPERINTENDENT or above

Question 21

Do you need to wait for a solicitor to take non-intimate samples without consent?

Answer 21

No

Question 22

For a person detained under Terrorism Act, when should first custody review be conducted?

Answer 22

As soon as reasonably practicable after arrrest

Question 23

Who should conduct custody review of person detained under Terrorism Act after 24-hour period?

Answer 23

SUPERINTENDENT

Question 24

How long does entitlement to custody record last for?

Answer 24

12 months after release

Question 25

How often should detainees be visited?

Answer 25

Every hour

Question 26

How often should detainees be visited who are intoxicated through drink or drugs?

Answer 26

Visited and roused at least every HALF HOUR

Question 27

What happens when a person in custody is injured?

Answer 27

Custody officer must make sure they receive medical attention as soon as reasonably practicable

Question 28

Can a detainee be examined by a medical practitioner of their choice?

Answer 28

Yes, at their expense

Question 29

Can a victim of an offence act as an appropriate adult?

Answer 29

No

Question 30

Can a person act as an appropriate adult if they have received admissions from the suspect prior to attending as an AA?

Answer 30

No

Question 31

How can a detention review be conducted?

Answer 31

In person / telephone / video conferencing - matter for review officer to decide

Question 32

Can you re-interview a suspect post-charge?

Answer 32

Yes

Question 33

Does a suspect need to agree in writing to being re-interviewed post-charge?

Answer 33

No

Question 34

When can a suspect be re-interviewed post charge?

Answer 34

- Prevent / minimise harm / loss to person or public - Clear up any ambiguity in previous answer or statement - For detainee to have put to them new information

Question 35

Can detention officers carry out non-intimate searches?

Answer 35

Yes

Question 36

Can detention officers carry out intimate searches?

Answer 36

Yes

Question 37

Can escort officers carry out non-intimate searches?

Answer 37

Yes

Question 38

Can escort officers carry out intimate searches?

Answer 38

Yes

Question 39

Can escort officers photograph detained persons?

Answer 39

No

Question 40

Can detention officers carry out examinations of detained persons?

Answer 40

Yes, in order to identify the person via marks on body (such as tattoos)

Question 41

When must a person detained at a non-designated police station go to a designated station?

Answer 41

If they are detained (or likely to be) for longer than SIX HOURS