PACE CODE C Detention Rights

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  • 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

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