Podcast
Questions and Answers
What is one of the primary responsibilities of the Custody Officer upon the arrival of a detainee at the police station?
What is one of the primary responsibilities of the Custody Officer upon the arrival of a detainee at the police station?
Which officer at the police station is responsible for ensuring the suspect's legal rights are properly observed?
Which officer at the police station is responsible for ensuring the suspect's legal rights are properly observed?
What action must the Custody Officer take regarding the suspect's rights?
What action must the Custody Officer take regarding the suspect's rights?
Which role does NOT have the responsibility to ensure that the Custody Record is correctly maintained?
Which role does NOT have the responsibility to ensure that the Custody Record is correctly maintained?
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What must happen to the Custody Record upon the detainee's departure from the police station?
What must happen to the Custody Record upon the detainee's departure from the police station?
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What assessment must the Custody Officer perform when handling a detainee?
What assessment must the Custody Officer perform when handling a detainee?
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What is one responsibility that the Custody Officer does NOT have?
What is one responsibility that the Custody Officer does NOT have?
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Which of the following is included in the Custody Record?
Which of the following is included in the Custody Record?
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Who is responsible for conducting the review for a person who has been arrested and charged?
Who is responsible for conducting the review for a person who has been arrested and charged?
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What is the maximum interval allowed between subsequent reviews after the initial reviews?
What is the maximum interval allowed between subsequent reviews after the initial reviews?
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In what circumstances may the review officer use telephone or video links to conduct a review?
In what circumstances may the review officer use telephone or video links to conduct a review?
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What must be done before an interview begins according to the regulations?
What must be done before an interview begins according to the regulations?
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What is required to be recorded during police interviews as per PACE?
What is required to be recorded during police interviews as per PACE?
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What must happen if a suspect requests legal advice during an interview?
What must happen if a suspect requests legal advice during an interview?
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Which of the following is NOT a lawful ground for authorizing the detention of a suspect?
Which of the following is NOT a lawful ground for authorizing the detention of a suspect?
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What does PACE Code C Paragraph 11.1A define as an 'interview'?
What does PACE Code C Paragraph 11.1A define as an 'interview'?
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What must a balanced summary include according to recording requirements?
What must a balanced summary include according to recording requirements?
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How should interviews relating to indictable only and either way offences be recorded?
How should interviews relating to indictable only and either way offences be recorded?
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What must the police do to ensure the admissibility of evidence in trial?
What must the police do to ensure the admissibility of evidence in trial?
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Which of the following rights is not subject to lawful delay under PACE for detainees?
Which of the following rights is not subject to lawful delay under PACE for detainees?
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Which authorization level is required to lawfully delay a suspect's right to consult a solicitor?
Which authorization level is required to lawfully delay a suspect's right to consult a solicitor?
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When are police required to conduct a risk assessment for a detainee?
When are police required to conduct a risk assessment for a detainee?
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What is the maximum initial detention period for a suspect before they must be charged?
What is the maximum initial detention period for a suspect before they must be charged?
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Which of the following is deemed a breach of Article 6 rights?
Which of the following is deemed a breach of Article 6 rights?
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Which scenario would justify extending detention beyond 36 hours?
Which scenario would justify extending detention beyond 36 hours?
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What should be recorded after each review of detention as mandated by PACE?
What should be recorded after each review of detention as mandated by PACE?
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Which right allows a detainee to communicate someone about their whereabouts?
Which right allows a detainee to communicate someone about their whereabouts?
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How long can a detainee be held unconditionally after a magistrates’ court application for further detention?
How long can a detainee be held unconditionally after a magistrates’ court application for further detention?
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In which circumstance can a detainee's right to request an interpreter be denied?
In which circumstance can a detainee's right to request an interpreter be denied?
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What is an essential factor for the Custody Officer when deciding to extend detention without charge?
What is an essential factor for the Custody Officer when deciding to extend detention without charge?
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What ensures a suspect's continued access to their rights during detention?
What ensures a suspect's continued access to their rights during detention?
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What is the key purpose of the Custody Record in a police investigation?
What is the key purpose of the Custody Record in a police investigation?
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Study Notes
Arrival at the Police Station
- Detainees are taken to the police station after arrest.
- Immediately after arrival, they are brought before a Custody Officer and "booked in".
- Key personnel at the station include the Custody Officer, Arresting/Interviewing Officer, Review Officer, and Identification Officer. Their roles are distinct.
Roles of Key Personnel
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Custody Officer/Detention Officer: Ensures detainee rights are upheld (s39 PACE), maintaining impartiality in the investigation. They cannot question the suspect about the crime. Duties include:
- Opening and maintaining an accurate custody record.
- Informing the detainee of their rights.
- Assessing risk to the detainee.
- Authorizing detention.
- Arrest/Interviewing Officer: Has no obligation to inform the solicitor or detainee about the investigation details.
Custody Record
- A Custody Record is opened as soon as possible for each detainee.
- The record is essential evidence, detailing all aspects of detention.
- The suspect's legal advisor can inspect the record at any time and request a copy upon leaving.
- Included in the record are details:
- Arrest details.
- Reasons for detention.
- Search and detention authorizations.
- Requests for legal/medical advice.
- Detention reviews.
- Food/drinks provided.
- Any complaints.
- Should be carefully reviewed by the suspect's legal advisor to ensure compliance with regulations.
Detainee Rights
- Right to Legal Counsel: Detainees can consult with a solicitor privately. This right can only be delayed in specified circumstances and with superintendent authorization(s 58 PACE and Code C, p 6.1). The consultation has to be confidential (ECHR Article 6(3)(c)).
- Right to Inform Others: Detainees can inform a friend/relative/interested party about their arrest (s56 PACE and Code C, p 5.1). Phone call is also allowed, for a reasonable amount of time to one person(Code C, Paragraph 5.6).This can only be lawfully delayed, requiring an Inspector's authorization.
- Right to Codes of Practice: Detainees will receive written notice of their rights and are made aware of the relevant Codes of Practice.
- Vulnerable Suspects: Specific arrangements are made for vulnerable suspects (covered in a separate recording).
- Other Rights: Include access to refreshments, breaks, medical attention, and an interpreter if needed. The Codes list all rights.
Risk Assessment
- Custody Officers conduct ongoing risk assessments to determine detainee needs. This includes:
- Legal advice needs.
- Contacting others needs.
- Medical needs.
- Self-harm risk.
- Need for appropriate adult (under age of 18 or vulnerable mentally).
- Interpreter needs.
Detention Grounds
- The Custody Officer decides if the suspect should be detained or charged (s37 PACE).
- Continued detention can only under grounds of acquiring evidence needed to solve the case.
- Sufficient evidence must exist to charge the person promptly. Interviewing is also a legitimate ground if the evidence can be better acquired.
Detention Clock (Time Limits)
- Strict time-limits on suspect detention.
- Indefinite or unlimited detention isn't permitted.
- Maximum initial detention period is 24 hours for all offenses (s41 PACE), extending to 36 hours for indictable offences (s42 PACE).
- Extensions obtained through the magistrates' court. Maximum detention for indictable offences are 96 hours, further extending to 120 hours.
Detention Reviews
- Reviews of detention are carried out periodically (s40 PACE).
- Review Officer is responsible.
- The first review is within 6 hours, the second within 9 hours, with subsequent intervals being within 9 hours.
- Review Officer must be of a certain rank, not personally involved, and aware of ECHR Article 5 about detainee rights when deciding on the continuation of detention.
- Detainees and solicitors can make representations to the Review Officer.
- Telephone/video reviews are possible.
Police Interview
- Gathering evidence involves questioning suspects and witnesses.
- Interviews must be meticulously recorded for an accurate record. This provides evidence for the case.
- PACE regulations require audio recording for indictable only and either-way offenses recorded, and visually (if possible). Record contents include date, time, location, those present, any breaks.
- Summary prepared from recording for the defense, which can be checked against and agreed if desired. Transcription requested is possible.
- Summary provided to defense as part of the case details.
- For summary offense interview, the record can be made through note form, though it is often also recorded audio.
- A detainee must be fit to be interviewed which can be checked through medical consultation if required to ascertain fitness.
- Suspects' legal rights need to be maintained.
- Suspects that have requested legal assistance must not be interviewed until they have legal advice/ met with their lawyer. Interviews should be cautioned at the start and whenever an interview resumes.
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Description
Test your knowledge on the procedures and roles involved when a detainee arrives at the police station. This quiz covers important personnel responsibilities, including the Custody Officer, as well as the significance of the Custody Record. Understand the rights of detainees and the protocols followed in custody.