W200 Exam Review, Unit 12

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The detention process

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How detention works

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Detention clock begins at(0 min)

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Arrival at the police station

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(10 min) It is necessary to secure or preserve evidence or obtain such evidence by questioning the suspect (s. 37(2)

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Detention authorised

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reviews are timed from when detention is authorised. Carried out by inspector. A suspect, or solicitor if available, must be given chance to make representations (s. 40). Must be noted in custody record.(6hr 10min)

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Lastest time for review of detention

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reviews are timed from when detention is authorised. Must be noted in custody record. Thereafter at nine hourly intervals(15hr 10min)

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Latest for second review of detention

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(24hr) Suspect to be released or charged unless superintendent has reasonable grounds for believing:

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(a) detention grounds in s. 37(2) still exist; and

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(b) offence for which suspect arrested ia an indictable offence; and

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(c) investigation conducted diligently and expeditiously

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Authorisation cannot be granted before second review or after 24 hours (s. 42).

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(36hr) Superintendent's authority expires

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Suspect to be released or charged unless extension of warrant obtained from magistrates

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(72hr) Maximum period warrant can authorise expires

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Suspect to be released or charged unless extension of warrant obtained from magistrates

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(96hr) Absolute maximum period of detention (s. 44)

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Suspect to be released or charged

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The right to legal advice

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(Voluntary questioning)Under Code C, para. 3.2, A volunteer not under arrest has an absolute right to

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legal advice in private or be able to communicate with anyone outside of the Police station at any time

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Person under arrest has the right under s. 58 and Code C, para. 6.1.

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(i) to consult a solicitor in private at any time

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(ii) to have someone informed of their arrest

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(iii) right to consult the Codes of Practice

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legal advice can be delayed for a period of no more than

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36 hours from start of detention if:

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(i) a person is in police detention for an indictable offence

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(ii) an officer of at least the rank of superintendent authorises it (s. 58(6))

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A superintendent can delay legal advice on the grounds that:

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(i) it will lead to interference with or harm to evidence connected with a serious arrestable offence or interference with or physical injury to other persons;or

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(ii) it will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

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will hinder the recovery of any property obtained as a result of such an offence (s. 58(8))

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Reminder of the right of legal advice under Code C, para. 6.5 has to occur:

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(i) immediately prior to the commencement or recommencement of any interview at a police station

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(ii) before a review of detention takes place

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What refers to the statutory right for a suspect to have a friend or relative informed of their arrest

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Right not to be held incommunicado

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The right to remain silent is governed by the

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the Criminal Justice and Public Order Act 1994

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s. 34 CJPOA provides that:

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Where in any proceedings against a person for an offence, evidence is given that the accused:

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(i)at any time before he was charged with the offence, on being questioned under caution by a constable trying to discover whether or by whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings

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(ii) on being charged witrh the offence of officially informed that he might be prosecuted for it, failed to mention any such fact

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What refers to a suspect, who remained silent during initial questioning, using in his defence something which he could have forseeably mentioned

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Adverse inference

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Adverse inference and Article 6 of the ECHR

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Murray v. UK (1996) 22 EHRR 29 refers to

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the ECtHR decision that the CJPOA provisions did not necessarily breach Article 6 of the ECHR

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ammendments made to the CJPOA by the Youth Justice and Criminal Evidence Act 1999 direct the courts not to draw an adverse inference if

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the suspect was not offered the opportunity to consult a solicitor

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Remedies for police irregularities or illegality

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What can be the results of Breach of PACE codes:

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(i) Breach of PACE Codes of Practice does not itself give rise to criminal or civil liability

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(ii) the Codes themselves are admissible in evidence and the court may take into account any breach in deciding questions of admissibility of prosecution evidence (s. 67(10) and (11) PACE)

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(iii) Breach of the codes may render a police officer subject to disciplinary action

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Mechanisms for making a complaint

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What refers to challenging the lawfulness of detetion

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Habeas Corpus

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Confession refers to

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s. 76 of PACE which provides:

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(1) In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and it is not excluded by the court in pursuance of this section

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(2) If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained

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(a) by oppression of the person who made it; or

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(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof

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oppression refers to

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torture, inhuman or degrading treatment, and the use of the threat of violence

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What section refers to the discretion of the court to exclude prosecution evidence if the admission of evidence will have a sufficiently adverse effect on the fairness of the proceedings that the court ought not to admit it

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Section 78

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Remedies in Tort refers to

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actions available in tort to persons who have been mistreated, unlawfully detained which are:

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(i) trespass to the person

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(ii) false imprisonment

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(iii) trespass to property

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What refers to extreme cases where private individuals can bring prosecutions against officers if they believe he behaved unlawfully

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Private criminal prosecution

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Other options for complaints:

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Police complaints procedure

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Judicial review

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ECHR