what is the PACE mnemonic?
P- power
A- legal authority for the power
C- criteria need to be met, and how it is
E- how should the power be exercised and has it been exercised correctly
what are some exceptions to being taken to the PS straight away
being searched, being taken to premises being searched or being taken to place to check alibi
can you be taken to any ps?
yes, unless anticipated they will be detained for more than 6 hours, which means they must be taken to a designate d ps
what is street bail?
when someone isn’t taken to ps straight away, and instead bailed to return to ps at a later date
how soon should a review of detention take place
no more than 6 hours after detention authorised
what does s42 PACE do for extension of detention
allows detention for a further 12 hours, for an indictable offence and must be necessary
can detention extend 36 hours?
yes, if they apply to mags court for warrant of further detention under ss43 and 44 PACE. can be max of 96 hours.
what rights do people in custody have which may be exercised at any stage during the period in custody?
right to consult privately with a solicitor and get free independent legal advice, the right to have someone informed of their arrest and the right to consult the Codes of Practice
when must a person detained be reminded of the right to free legal advice immediately before?
interview, being asked to provide an intimate sample, an intimate drug search and an id parade or video id procedure
how long can the right to legal advice be delayed for by police?
max 36 hours and this must be authorised and recorded
what happens if a suspect is interviewed before he can consult wth solicitor because the right was delayed?
there are restrictions on the drawing of adverse inferences at court
what is the criteria for the power to delay the right to a solicitor?
must be an indictable offence, its granted in writing by a police officer of at least rank of superintendant and there are reasonable grounds to believe that the exercise of the right will lead to any of the following: harm to evidence, harm to others, alerting others not yet arrested or hinder recovery of properly
when can the right to have someone informed of your arrest be delayed?
must be an indictable offence, authority must be granted in writing by police officer of rank at least inspector, and there are reasonable grounds to believe that the exercise of the right will lead to any of the following: harm to evidence, harm to others, alerting others suspected of offence, hinder recovery of property
who can act as an appropriate adult for a young detainee?
parent, guardian, a representative of the care authority or a social workers
who can act as an appropriate adult for a mentally disordered adult?
parent, guardian, relative or someone who has experience in dealing with such persons
who can authorise a lack of interpreter?
superintendent
how must interviews be carried out?
under caution
what are the rankings of the police?
constable, sergeant, inspector, chief inspector, superintendent and chief superintendent
who is the investigating officer?
can be a police officer of any rank, usually OIC, is the officer the suspects’ legal representative would speak to a PS to get disclosure and will most likely lead the interview
what has to be disclosed to solicitors?
significant statement and the custody record
what is a significant statement?
one that appears to be capable of being used in evidence, and in particular any direct admission of guilt
when can an interview be recorded in writing?
if it relates to some minor offences, the person has not been arrested and it takes place somewhere other than at a police station
what are some examples of inappropriate questioning techniques?
misrepresenting info, hypothetical questions, repetitive questioning or disruptive listening
what does s76 PACE do
sets out circumstances when a confession can be excluded from evidence as a result of oppression or unreliability
