Detention and bail Flashcards
Review clock – non-terrorism
Who is the review officer?
When does review clock start ticking?
When to do the first and subsequent reviews?
Grounds for delaying reviews?
Review officer before charge = Inspector
Review officer post charge = Custody Officer
Review clock starts ticking once detention has been authorised
The first review = within 6 hours - later reviews within 9 hours of prior review
The grounds for delaying reviews:
· Not practicable to conduct a review
· No review officer readily available
· Detainee in interview – interruption would prejudice investigation
Review clock – terrorism
Who is the reviewing officer?
When does the review clock start ticking?
When should the first and subsequent reviews be carried out?
First review = asap after arrest
Later reviews = within 12 hours of the previous
Warrant obtained from Magistrates? - reviews stop
Review officer?
Inspector - if the review is within 24h of arrest and no warrant for further detention
Superintendent - review takes place after 24h (from arrest) and no warrant for further detention
Reviews cannot take place remotely
Detention extension (non-terrorism)
Only indictable offences - detention can be extended
0 = relevant time
24h = basic period
36h = Superintendent extension
42h = Superintendent extension - exceptional circumstances only (not practicable to lodge warrant by hour 36)
72h = warrant
96 = warrant
Initial extension – after second review or before 24h expiry
Wake up suspect for extension
Grounds for extension
· Insufficient evident to charge; and
· Grounds for detention are still present; and
· Investigation conducted diligently and expeditiously
Detention clock & extension (terrorism)
Relevant time = time of arrest (not time of arrival)
Basic detention period = 48h (instead of 24h)
Superintendent or Crown Prosecutor - apply to Magistrates for 5 day extension max. Thereafter block of additional 7 days. Total maximum = 14 days.
X-rays and ultrasound scans
Which circumstances?
Authorisation?
Consent required?
Who carries out?
Where carried out?
Who? - persons arrested and in police detention
Inspector authorisation (if terrorism suspect - superintendent)
Authorising office must believe that:
· detainee swallowed a class A drug
· detainee was in possession of Class A drug with intention to supply or export
Detainee’s written consent required – if refuse - adverse inferences
Registered medical practitioner conducts it at medical premises (not police station)
Taking photographs
Where can they be taken? In what circumstances?
Is consent required?
Person who is detained at a police station either:
· With the person’s consent; or
· Without the person’s consent if either:
o Consent is withheld; or
o It is not practicable to obtain their consent
Photos can also be taken away from a police station if the person is:
· Arrested
· Made to wait with a PCSO
· Given a penalty notice
· Given a direction to leave and not return to a specified location for up to 48hours under s.35 of the Anti-social Behaviour, Crime and Policing Act 2014.
Testing for class A drug - urine sample or non-intimate sample
Age
Pre/post charge
Authorisation
Person must be in police detention
18 or over - sample at arrest or charge
14 -17 years - only when charged (under 14 = no sample)
Pre charge samples - within 24h of arrest
Post charge samples - person may be detained for up to 6 hours after charge
DVTFA trigger offence = no authorisation required
Not DVTFA trigger offence = Inspector suspects presence of class A drug has contributed to the commission of the offence (oral or written authorisation)
DVTFA offences
D – Drugs offences
V – vagrancy offences (begging / persistent begging)
T – Theft offences
F – Fraud offences
A – Attempts
Refusal = offence | Juvenile - actions taken in presence of AA
Searches (ordinary/strip/intimate)
All must be conducted by officer of same sex
S.54 can be completed when:
· Detainee will stay in custody, so custody officer has continuing duties; or
· Their alleged offence or the behaviour makes a search appropriate
COB
Continuing duties
Offence
Behaviour
(Presence of AA not needed)
Custody officer may retain items if
DIE
Damage to property Injury/interference Evidence/escape
Strip search
What the grounds for doing them?
Custody officer considers that:
- detained person might have concealed an article that they would not be permitted to keep (DIE items); and
- if such items were found it would be necessary to remove them
DIE
Damage
Injury/interference
Evidence/escape
Custody Officer specifies the extent
Person of opposite sex cannot be present unless this is the AA and the detainee specifically requests it. Officer of opposite sex can NEVER be present.
Genitals exposed? - at least two ppl present, unless emergency and serious risk of harm
If juvenile, then the second person present must be the AA unless the juvenile specifically asks them not to be present and the AA agrees
Intimate searches
What is it?
Who authorises?
What are the grounds?
Where carried out?
Physical examination of any orifice other than the mouth
Inspector needs to have two beliefs:
1. Detainee may have concealed an injury item or a class A drug (with intent to supply or export)
2. An intimate search is the only means of removing the item
Intimate search for Class A drugs - detainees consent is needed (refusal is adverse inferences)
Injury item: anything they could or might use to cause physical injury to themselves or others at the station (no consent from the detainee required here)
Intimate search (class A drugs) - conducted on medical premises – NEVER police station – search done by medical staff – NEVER police officer
Intimate search (injury item) - medical premises or police station – generally medical staff should search – exception: with Inspector authority (risk) an officer can search
Incommunicado delays
Which rights can you delay under the incommunicado rule?
Apply to indictable offences only - pre-charge only
· Having someone informed of your whereabouts
· Telephone call/ letter
· Queries from outside of whereabouts
· Legal advice (if there is a belief they will pass on information to criminals outside)
Incommunicado authorising officer
- Legal advice
- Informing person of their whereabouts
- Telephone or write letter
- Respond to queries from outside
Legal advice = Superintendent
Informing someone of their whereabouts = Inspector (non-terrorism), Superintendent (terrorism)
Telephone or letter = Inspector (non-terrorism), Superintendent (terrorism)
Respond to queries form outside = Inspector (non-terrorism), Superintendent (terrorism)
What are the grounds to authorise incommunicado delays?
Authorising officer believes….
And what is the maximum duration of the delay?
Authorising officer must believe communication will tip off criminal(s) AND:
P - People will be harmed
E – Evidence will be destroyed
A – Alert suspects at large hindering apprehension
R – Recovery of proceeds in relation to the offence will be hindered
PEAR triggers apply to both terrorism and non-terrorism
For terrorism suspects there are additional triggers.
- information about terrorism
- Alerting any person would make it more difficult:
o to prevent act of terrorism
o To secure apprehension, prosecution or conviction of person connected with terrorism
Duration of the delay? Stop once PEAR grounds cease to exist – maximum delay of 36 hours (non-terrorism) or 48 hours (terrorism).
Urgent interviews
What is urgent interview?
Which offences?
Authorising officer?
When can you conduct an urgent interview?
Duration of urgent interview?
Both indictable and summary offences
Authorising officer = Superintendent (except: interviews away from police station then any rank)
PAPER trigger - away from police station / waiting for AA / interpreter / recovery of unfit person
P – persons (harm)
A – Alert suspects
P – Property (damaged)
E – Evidence (harm)
R – Recovery of proceeds of offence hindered
DAPPER trigger - interview without solicitor
All paper trigger elements + D
D – delay to the investigation which is unreasonable
Duration = until sufficient information to avert the risk of the PAPER/DAPPER consequence
Full code test
There are two stages to the full code test.
The prosecutor must:
1. be sure there is sufficient evidence to provide a realistic prospect of conviction.
2. Consider the public interest
