police powers (PACE)

Question 1

exam structure for answer

Answer 1

PACE
Power
Authority (legal - COP, PACE)
Criteria (met on facts?) 
Exercise of power (done properly?)

Question 2

ranking of police officers/detective

Answer 2

first part = detective/officer
second part = important…

Lowest to Highest

1. constable
2. sergeant
3. inspector
4. chief inspector
5. superintendant
6. chief superintendant

Question 3

power of arrest (only thing not in statute)

Answer 3

E - take to police station as soon as possible after arrest

Question 4

power of arrest (conclusion - what if arrest is unlawful?)

Answer 4

defence can challenge admissibility of any prosecution evidence obtained following these failures

s. 76 PACE - admissibility of confession evidence
s. 78 - admissibility of any other evidence

Question 5

Lewis v Chief Constable of South Wales

Answer 5

arrest is not lawful because of procedural irregularities

–> CAN BE SUBSEQUENTLY RENDERED LAWFUL by correction of defective part of arrest procedure

Question 6

IF RIGHTS WHEN IN DETENTION

Answer 6

set out the right first

THEN SET OUT POLICE POWER

Question 7

s.56 - right to inform someone of arrest

EXERCISE

Answer 7

1. delay must be proportionate and last no longer than necessary (up to max. 36 hours)
2. suspect must be informed of (reason for) delay and
3. any authorisation must be in writing

Question 8

s.58 - right to consult a solicitor privately at any time

EXERVISE

Answer 8

1. delay must be proportionate and last no longer than necessary (up to max. 36 hrs)
2. suspect must be informed of reason for delay
3. any authorisation must be in writing (s.58(7))
4. must offer another solicitor

Question 9

why is s.58 so important?

Answer 9

it is a fundamental right in this country to have access to a solicitor a the police station (only legal aid with no means or merits testing)

• reflected in criteria (superintendent, reasonable grounds)
• must believe solicitor will pervert the course of justice

IN REALITY, for reasonable grounds, solicitor must have done one of the consequences in the past (v. strict)

Question 10

Role of custody officer

Answer 10

s. 37, COP C 2,3, 4
1. decide if SUFFICIENT EVIDENCE TO CHARGE
2. AUTHORISE DETENTION OF SUSPECT
3. RESPONSIBLE FOR WELFARE OF DETAINEE

Question 11

Role of custody officer - SUFFICIENT EVIDENCE TO CHARGE?

Answer 11

• if yes, charge + consider bail

- if no, only detain if reasonable grounds…

Question 12

role of custody officer - AUTHORISE DETENTION OF SUSPECT

Answer 12

• authorise detention
• open custody report
• inform detainee of reason for arrest and detention
• advise detainee of rights (s.56 notify someone of arrest, s.58, right to consult COP)

Question 13

role of custody officer - responsible for welfare of detainee

Answer 13

• risk assessment (COP C 3.6-8)
• special arrangements if necessary (COP C 3.12-20)
• e.g. interpreteors
• deal with detainee’s property (COP C 4)
• contact healthcare professionals (COP C 9)

Question 14

custody report

Answer 14

must be opened ASAP for each detainee
- all information required to be recorded under COP C must be recorded in custody report (COP C 2.1)

Info includes:

1. requirement to inform person of reason for his arrest
2. circumstances of arrest
3. why arrest was necessary
4. comments made by arrested person

legal representative MUST look at the record (contains everything that has happened and everything said to or by the detainee) = COP C 2.4 (can do this)

Question 15

detainee’s right to reviews of detention (s.40)

Answer 15

Review officer must

• determine if still necessary to detain suspect (COP C 15.1)
• if grounds for detention still exist
• at least INSPECTOR and not involved in investigation

Must be done:

• first time = 6hrs after detention aws authorised
• every 9hrs (s.40(3))

Question 16

RIGHT TO DELAY THE RIGHT TO REVIEW OF DETENTION (S.40(4))

Answer 16

Criteria - possible if:

• review not practicable
• detained person being interviewed
• no review officer readily available (busy not valid reason)

Exercise -

• done ASAP after latest time specified for the review
• can be by phone

Question 17

voluntary vs arrest

Answer 17

detention clock starts running on ARRIVAL AT POLICE STATION UNDER ARREST

• does not start running if you arrive at police station and are not under arrest (i.e. voluntary) = detention clock doesn’t start running yet
• if voluntary liberty not taken from you so can leave when you want

Question 18

time limits on periods of detention (detainee’s rights)

Answer 18

time limits on length of time in detention pre-charge (“detention clock”)

s. 41 = max. is 24 hrs from relevant time
- after 24 hours must charge or release)

UNLESS: police power to extend time of detention (s.42, s.43, s.44)

Question 19

RELEVANT TIME

Answer 19

Time of arrival at police station under arrest (s.42(2)(a)(i)) NOT time detention authorised

Question 20

s.42

Answer 20

another 12 hours of detention added

Question 21

s.42 - exercise

Answer 21

1. authority to extend given BEFORE expiry of initial 24 hours (but after 2nd review occurred - so 15hrs)
2. grounds for extension explained to suspect and noted in custody report
3. suspect and/or his solicitor allowed to make representations

Question 22

s.43 - what right to police?

Answer 22

can apply to magistrates court for warrant of further detention

s. 43 –> warrant can authorise continued detention for a further 36 hours on first application (s.43)
s. 44 –> 2nd application, warrant authorises another 24 hours (up to max. of 96 hours)

Question 23

s.43 - criteria

Answer 23

s. 42 criteria PLUS:

s. 43(4)

Question 24

s.44 criteria

Answer 24

same as s.43

NB. S.44 is for VERY serious crimes

Question 25

INTIMATE SAMPLES (criteria)

Answer 25

criteria (not in statute) | - warned that failure to consent can be given as evidence in court

Question 26

INTIMATE SAMPLES (exercise)

Answer 26

inform detainee - reason for sample - authorisation and legal authority - if refuse without good cause, his refusal can harm his case if it comes to trial (if innocent - why refuse, intimate sample only taken if it proves/disproves his involvement) - informed sample may be subject to speculative search - grounds, authorisation, consent noted in custody record only FME can take sample

Question 27

intimate samples - does it have probative value

Answer 27

be careful - exam always tries to trick people MUST CONFIRM OR DENY THE OFFENCE (not the presence of detainee being there!) E.g. if rape and issue is consent, then sample of semen only proves sex, not consent

Question 28

non-intimate samples - exercise

Answer 28

inform detainee (COP D 6.8) - reason for sample - power and authority - sample/information derived from it can be subject to speculative search - sample/information derived can be retained

Question 29

interview definition

Answer 29

COP C 10.1

Question 30

Provisions for interview

Answer 30

- under caution (COP C 10.1) - only at police station unless COP 11.1(a)-(c) applies - reminded of right to legal advice - accurate record made (COP C 11.7) IF NOT FOLLOWED - court may subsequently take the view that interview was conducted unlawfully and any evidence obtained may be excluded (s.76, s.78)