PACE CODE C Detention Rights
- Created by: alitinker
- Created on: 07-04-17 13:14
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- PACE CODE C - detention rights
- Custody officer resposibilities
- Monitoring evidence - must decide whether to charge or release suspect
- Access to legal advice - must tell suspect that he has a right to free legal service
- Meals - suspect must get 2 light meals and 1 main meal in 24hr. Water on request
- Questioning - max. of 2 hours at a time
- Senior officers only can be custody officers
- Time limits for detention
- 6 hrs - first review by custody officer must be conducted
- After 24 hrs - summary offence: must charge or release Indictable offence: permission from superintendent is needed to detain for longer
- After 36 hrs - indictable offences the police may apply to magistrate to extend detention time
- After 96 hrs - Max. time for detaining an arrested person. Charge or release.
- Terrorist suspects may be extended to 14 days by a Magistrate.
- Suspect's rights
- s.56 PACE - to have someone informed, can be delayed up to 36hrs for indictable offence.
- s.58 PACE - to be told about right to legal advice. Can be delayed up to 36hrs for indictable offence BUT only in exceptional circumstances.
- Right to silence - s34-39 PACE free to answer 'no comment'
- INTERVIEWS
- 2 copies kept of recording
- Can't take place without a solicitor
- Room must be well lit, heated and ventilated
- Must be offered a seat
- Appropriate adult must be offered to vulnerable people or under 17s
- Custody officer resposibilities
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