Law Scenarios

Suggestions

s.30 PACE requires the police to take the arrested person to a police station as soon as is practicable after the arrest. S36 provides that there should be a custody officer of at least the rank of sergeant for each designated police station whose role is to ensure the detention complies with the law. S.37 contains the procedural safeguards for the suspect once arrested and the custody officer should decide if there is sufficient evidence to charge him with the offence for which he is arrested. Continued detention can be authorised to preserve evidence or secure evidence by questioning. S.38 PACE allows the custody officer to make an award of bail. Once detention has been authorised, the custody officer must begin a custody record for the detainee which must record the reasons for detention – CODE C and s.37.

Two types of searches are allowed at the police station. S.54 allows for a general search of the arrested person at the police station and a record must be given. S.55 allows for a more intimate search which is a search of any bodily orifice excluding the mouth. This is only permitted if authorised by an inspector who has reasonable grounds for believing that the suspect has on them a dangerous article or Class A drugs. The search must be carried out by a medical practitioner or nurse of the same sex unless, it is not practicable to wait, in which case a police officer of the same sex can carry out the search.

On arrival at the police station the suspect will be ‘booked in’. Code C para 3.1 – states the custody officer must inform the detainee orally and by written notice of five rights on arrival at the police station following an arrest such as the right to silence as embodied in the caution and the right to consult CODES OF PRACTICE C and E. The custody officer must secure the detainee’s signature in the custody record acknowledging that he understands his rights – CODE C.

s.56 PACE allows the suspect to have informed a friend or relative of his arrest and the station where he is being held. If the offence is indictable [includes either-way under SOCPA] then this right can be delayed for up to 36 hours where a police officer of at least the rank of inspector has reasonable grounds for believing that legal advice would lead to interference with evidence or to accomplices being warned.

s.58 PACE allows all suspects to consult a solicitor at any time i.e. they can change their mind if they have previously refused one. The custody officer must confirm, in writing, that they are aware of their right. Consultation can take place in person or over the telephone. This right can be delayed for up to 36 hours if the offence is indictable [includes either-way under SOCPA] and a police officer of at least the rank of inspector has reasonable grounds for believing that legal advice would lead to interference with evidence or to accomplices being warned. This right is an important one and cannot be ignored as shown in the cases of Merrick and Samuel. The case of R v. Samuel shows that a decision to refuse legal advice under section 58 must be based on specific incidents and not on a general assumption that access to a solicitor might lead to accomplices being alerted.

There are a number of time limits on detention. S.40 PACE requires that reviews of detention take place by a person of the rank of at least inspector who is not connected with the case and is known as the review officer. They review the case 6 hours after detention started then every 9 hours.

S.41 PACE states that a suspect can be detained for up to 24 hours in normal cases but it can be extended to 36 hours under s.42 if authorised by a superintendent for indictable offences. After 36 hours the suspect can be detained further if there is a successful application to the magistrate court under S.44. This detention is 96 hours. If reviews are not carried out, the detention is unlawful as in Roberts.

Code C and E provides the guidelines on the appropriate treatment of the suspect during detention and questioning. Under Code C, cells must be clean and ventilated and the suspect is entitled to at least 8 hours rest in any 24 hour period and there should be regular breaks in the interview for light meals and refreshment. At all times before and during the interview the police must ascertain that the suspect realises that they are under caution. Under Code E, interviews must be tape recorded.

Disciplinary Proceedings

A police officer who has breached PACE and the Codes of Practice may face internal disciplinary proceedings and possibly a complaint to the Independent Police Complaints Commission.

Civil Action

An individual can bring a civil action against the police and seek damages; usually in the High Court Possible actions include claims for false imprisonment, malicious prosecution, wrongful arrest, trespass and assault. In the case of The Commissioner of Police for the Metropolis v. Thompson and Hsu, the Court of Appeal laid down important guidelines on the award of damages.