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59 Cards in this Set
- Front
- Back
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If a prisoner is to be detained or is likely to be detailed for more than 6 hours, what sort of police station should they be taken to? |
A designated police station |
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A chief officer must designate sufficient police stations to deal with prisoners and temporary designations may occur. However, temporary designations must be at least how long? |
24 hours. The legislation says it can't be for part of a day |
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A detained person requests a copy of code C. Should you provide them with the annexes and notes for guidance as well? |
No, just the annexes. Detained persons are not entitled to the notes for guidance |
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If you suspect somebody is mentally disordered or under 18, how should you treat them? |
They should be treated as unwell or as a juvenile until you know otherwise |
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If a detained person appears blind, deaf, mute or illiterate, how should they be treated? |
They should be treated as such until you have evidence to the contrary |
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Who cannot be an appropriate adult? 4 answers |
Somebody under 18, A police officer, A police employee, Under the direction or control of a chief of police, A police contractor, |
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When can the giving of certain information to a person required by code C be delayed? 4 scenarios |
Incapable of understanding what is said Violent May become violent Urgent need of medical attention |
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What does Pace s.107 allow? |
A sgt to perform the rank of inspector and a chief inspector to perform the rank of superintendent if the primary ranking officer is unavailable or they are acting up. |
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If ScotPol officers arrest somebody in england or wales for ScotPol offences, does Code C apply? |
No! Scottish rules apply whilst they are in english or welsh custody |
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In what 5 scenarios does code C not apply? |
1) ScotPol offenders in EngWal custodies 2)Immigration and asylum offenders arrested for fingerprints 3)Immigration and asylum offenders whose detention has been authorised 4)Convicted or remanded prisoners held in custody on behalf of HMP 5) detained persons for searches under code A |
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What are the equality act 2010 protected characteristics? GRASPS MR DB |
Gender reassignment Race Age Sex Pregnancy Sexual orientation
Maternity Religion
Disability Belief |
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You are at a police station when you cross any (A) or within any (B) of a police station. Name A and B |
A boundary B enclosed yard |
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An eligable AA will not be suitable to act as such in 6 scenarios... |
They are a suspect They are a victim They are a witness They are involved in the investigation They have received admissions prior to attending as AA Estranged parent - a juveniles estranged parent cannot be asked to act as AA if the juvenile specifically objects to it |
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Can a solicitor at the police station in their capacity as a solicitor, act as an AA? |
No |
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When a person attends a police station under arrest, is arrested having attended voluntarily or to answer bail, when should they be brought before the custody officer? |
As soon as practicable after their arrival |
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a detainee or their solicitor may request the custody record up to how long after release? |
12 months |
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If an appropriate adult is not present for the provision of somebodies rights when they are booked into custody, do the provisions need to be given again in their presence once the AA arrives? |
Yes - code C 3.17 |
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What does the children and young persons act 1933 s.31 say about juveniles in custody and who they associate with? 2 things |
The act says a girl under the age of 18, while detained in a police station, must be put in the care of a woman Arrangements must be made for preventing any person under 18 from associating with an adult charged with any offence. Unless that adult is a relative, or the adult is jointly charged with the same offence |
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It is up to a custody officer to decide if a record of what a person has with them when detained or taken from them on arrest. If no such record is made and officers have noted this information somewhere else, does that form part of the custody record? |
Yes. |
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All detainees have the right not be held incommunicado. If you move a person to another custody, do they have the right to have somebody informed of their new location? |
Yes, |
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Can a detainee request a translator for making phone calls and writing letters? |
Yes |
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Emergency interviews. A supt can authorise an emergency interview before somebody has had access to legal advice in 6 circumstances. If the delay caused by waiting for a solicitor... |
Leads to harm to evidence connected to the offence Leads to harm to people Leads to serious loss or damage to property Leads to alerting other offenders Leads to the hindering of recovery of property obtained in the consequence of an offence Leads to an unreasonable delay to the process of investigation |
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If a detainee change their mind about a solicitor, what rank must speak to them and where must it be recorded and by who? |
An inspector must be consulted and the insp and detainee will sign the custody record to confirm the change of mind and any reasons (if given) |
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Can a juvenile detainee be placed in the same cell as an detained adult? |
No |
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Does the custody officer have the discretion to isolate a detainee suspected of suffering from an infectious disease? |
Yes |
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Does code C require information about the cause of any injury ailment or condition to be recorded on the custody record if it appears capable of providing evidence of an offence? |
No - Details included in the custody record concerning the detainees injuries and ailments will be accessible to both the solicitor and appropriate adult. |
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In interview, if translation services are to be provided by 'live link' does the translator need to be able to see, hear or both the person they are translating for? |
In interview, if via live link, the interpreter must be able to see and hear the client. For any other translation, this can be done audio only. |
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If a person is in police detention in a hospital. Do you need the doctors authority to question them? Does this effect the detention clock? |
Yes code c 14.2 whilst being questioned, the clock resumes |
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Can a superintendent authorise the extension of the custody clock for summary offences? |
No - extensions by a superintendent or a magistrate must be for indictable offences |
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At what age can you give consent for your detention review to be conducted by live link? |
14 and over. If you are younger your parents or guardian have the say. 14 - 18 you and your pog have a say and 18+ only you have the say |
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What is the relevant time for somebody arrested inside England and Wales? |
The time they arrive at a police station or 24 hours after arrest... which ever is first |
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When is the relevant time for a person arrested outside England and Wales? |
The time they arrive at the first police station in the force area for which they have been arrested or 24 hours after entry to England and Wales. Whichever is sooner |
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When is the relevant time of somebody who attends a police station voluntarily and is arrested at the station? |
When they are arrested |
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When is the relevant time of somebody answering Street Bail? |
The time he arrives at a police station |
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If a person is arrested and taken to police detention in area 1 and they are wanted for an offence in area 2 and is transported to area 2 having not being questioned about the offence for which he is wanted in area 2, what is the relevant time? |
24 hours after leaving detention in area 1 or the time at which he arrives at the first police station in the second area |
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If arrested for a terrorism offence. When is your relevant time? |
Your relevant time and detention clock start at the point of arrest |
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What is the name of the legislation that allows police to use discretion as to when they execute a court warrant? |
Henderson vs chief constable of cleaveland 2001 |
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When is the first review of a person that has been detained? |
Not later than 6 hours after the detention was first authorised |
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When is the second review? |
No later than 9 hours after the first |
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When should review be carried out after the second review? |
At intervals of no more than 9 hours |
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Can live link reviews of detention happen by live link after charge? |
No - pg 146 volume 2 |
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If a review is delayed, when should the next review take place? From the time the review should have happened or the time the review actually took place? |
From the time the review should have happened Code c - volume 2 pg 148 |
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Terrorism case - when should the first review be? And after that? |
ASAP after detention and then every 12 hours |
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Terrorism case - who should deal with reviews of terrorists after 24 hours? |
A superintendent volume 2 pg 148 |
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Terrorism case - if a attract of further of detention is issued, who conducts the reviews? |
Nobody - review not necessary volume 2 pg 148 |
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If interviewing a person for an offence for which they have been reported or charged, what cuation should you use? |
You do not have to say anything but anything you do say may be given in evidence |
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If remanding a juvenile, where should they stay pending court? What special age is relevant to this decision? |
In the care of local authority unless it is impracticable or would put the public in danger If a detainee has not yet achieved the age of 12, It doesnt matter if they pose a risk to the public and they should still be sent to local authority care unless impracticable |
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Can you delay post charge procedures to await the arrival of an AA? |
No volume 2 page 151 |
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When deciding to charge or during review of a person's detention, If there is conflict between the detained persons account and victims or witnesses accounts it is reasonable to be in possession of at least how many witness statements in the English language? |
1 R on the application of Wiles v chief of hertfordshire 2002 |
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Can you keep a detained person in police detention while a statement is translated into English If there are no other statements in English and that statement is necessary to chance the person? |
Yes r(wiles) vs Cc Of hertfordshire 2002 volume 2 pg 154 |
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If an offender fails to comply with conditions of a conditional caution can they be offered an alternative out of court disposal? |
No. Volume 2 page 162 |
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Trigger testing. At what age can people be trigger offence tested after arrest? At what age can people be trigger offence tested after charge? |
Arrest 18+ Charge 14+ |
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Can a 10-13 year old arrested for a trigger offence be asked to provide a sample for class A testing? |
Yes but only with an AA present..volume 2 code C page164-165 |
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Trigger testing - can you take a sample on arrest and then again on charge? |
No only one sample. If you get arrest and then charge. The arrest sample becomes the charge sample vol.2 pg165 |
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Can trigger offence samples be used for other things? |
No vol.2 pg 166 |
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Does an appropriate adult for somebody under the age of 18 need to be informed of the time and place of the detainees arrest? |
No...paragraph 3.15 pace code c Appropriate adult should be informed of the grounds for the juveniles detention and their whereabouts |
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For an intimate search to be carried out, what two things must the inspector BELIEVE to be concealed in the detainee? |
2 (a) (i) - Anything which they could and might use to cause physical injury to themselves or others at the station
2 (a) (ii) A class a drug which they intended to supply to another or to export |
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If an intimate search for class a drugs is authorized by an inspector, can this take place at a police station? |
No Intimate searches for class a drugs must always take place at A hospital surgery or other medical premises and must be carried out by a registered medical professional or a registered nurse |
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Under what circumstances can a police officer conduct and intimate search? |
An Intimate search can only be conducted by a police officer if you are searching for something that could cause physical injury to the detainee or others and it is not practicable to wait for registered medical professional |
