POLICE POWERS 3•Regardless of the arrest power used, once arrested the suspect must be taken straight to the nearest designated police station – s.30.

•The definition of a designated station is in s.35.

•Note the pivotal role of the custody officer a creation of PACE and the guardian of a suspect’s rights.

•The rank of the custody officer is in s.36.

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• On arrival at the police station, suspect should be taken straight to the custody officer.

• Custody officer should open custody record for the suspect.

• The officer must then decide if the suspect’s detention is "necessary“ (s.37(2)

• Note the wording of PACE here.

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• The custody record will contain certain basic information

• The officer must inform the suspect of three basic rights

 • (1) Right to have somebody informed of the arrest. (s.56)

• (2) Right to free legal advice.(s.58)

• (3) Right to consult the Codes of Practice.

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• (1) Right to have somebody informed of the arrest. (s.56)

• Note that this is a right which can only be restricted in certain circumstances – ss.56(2),(5).

• (2) Right to free legal advice.(s.58)

• Again this can only be restricted in certain circumstances. (s58(8). Note Article 6(3) ECHR. See Samuel [1988] 2 All ER 135.

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• (3) Right to consult the Codes of Practice.

• Rarely Exercised but still a concrete right.

• Note that a suspect must also be searched before being placed in a cell or detention room. See s.54 and be aware of the items that can be seized.

• A senior officer cannot order a custody officer to go against PACE – see s.39(6)

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• Interviewing Suspects

• See COP C.

• Interviews must be tape recorded. (s.60)

• Juveniles and vulnerable adults must be accompanied by an appropriate adult. – COP C 11.15-11.20.

• Interviews must not be oppressive – s.76.

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• Time Limits for Detention are set out in PACE

• Note the concept of the ‘relevant time’ (s.41(2))

• Detention must be reviewed regularly to ensure it is still necessary. – (s.40(3). Note that the review officer is NOT the custody officer – s.40(1)(b).

• Failure to review renders detention unlawful - Roberts v. Chief Constable of Cheshire [1999] EWCA Civ 665

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• After 24 hours detention a further review must be carried out – see. S42(1) as modified by s.7 Criminal Justice Act 2003.

• After 36 hours detention, any further authorisation of detention must come from a Magistrates’ Court (s43.) Note especially s.43(7).

• The maximum period of detention is 96 hours. After that the suspect must be charged with an offence or released.

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• If a suspect is charged, he may be kept in custody if s.38 is satisfied.

• Search and Seizure Powers

• If a suspect is under arrest, the search power in s.18 may be used.

• Note the requirement that it is used reasonably(s.18(3)) and its use is authorised (s.18(4))

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• Where material is found in a lawful search, it may be seized – s.19(3).

• Note also the power to seize material that is chanced upon – s.19(3)(b).

• Note the exceptions to the seizure power . (ss.10-14)

• Note also s.17 for entry to make an arrest.