Criminal Law - Client at a Police Station

Any arrest by an officer will only be lawful if follows S.24 PACE  where: 

• The officer has reasonable grounds to suspect the person to be involved in a criminal offence 
• An arrest is necessary
• The person is told the reason for the arrest: PACE s.28
• The person is properly cautioned: PACE Code G 
• And the person is taken to a designated police station as soon as reasonably practicable PACE s.30

As soon as practicable after their arrival at the police station a person must be brought before their "Custody Officer" (C.12A) and booked in. 

S.39 PACE must be complied with - custody officer must remain independant and impartial. Must not question the suspect in the involvment of the offence. 

PACE **. 37-39 sets out the duties of the custody officer: 

• Opening and keeping an accurate custody record; 
• Informing the detained person of their rights; 
• A**e**ment of Risk; and 
• A**e**ment of detention. 

Custody Record

• Opened as soon as practicable. 
• Legal advisor has a right to access custody record 'at any time while the person is detained (c.24) and when a detained person leaves the police station they or their representative is entitled to a copy on request!
  The custody record includes a detailed record of suspects detention which includes: 
• The suspects arrest
• The reason for the suspects detention
• Authorisation of search procedures or continued detention
• Requests for legal or medical advice 
• Reviews of suspects detention
• Details of any meals or refreshments and
• Any complaints made by the suspect 

Legal advisor should carefully consider the CR to ensure police have complied with their duties in relation to the detention and treatment of suspect. Also can be used as evidence at trial if questions about admissability of evidence during investigation may arise. 

As well as keeping a custody record, the custody officer must also:

Inform the detained person of their rights!

So the custody officer should explain to the suspect that they have the following rights which can be exercised at any stage (continued rights) 

• The right to have someone informed of their arrest
• The right to consult in private with a solicitor, such advice being free and independant
• The right to consult the codes of practice
  Then a risk assessment is put in place: To consider the specific needs of each detainee, including asking the suspect on arrival whether he:
• Wants legal advice
• Wants to inform someone of his arrest
• Requires medical treatment
• Requires the presence of an appropriate adult (under 18 or mentally vulnerable) 
• Requires an interpretor

Then CO will conduct a search of the suspect to ascertain property at this stage

Authorising detention before charge.

Following completion of the formalities the Custody officer must decide whether there is sufficient evidence to charge the suspect with the offence for which they have been arrested.
This decision will be based upon details the Custody Officer will be given by the arresting / investigating officer.

If there is insufficient evidence to charge then the suspect shall be released either on bail (with or without conditions) or without bail, unless the Custody Officer has reasonable grounds for believing that the suspect’s detention without charge is necessary:

•  To secure or preserve evidence relating to an offence for which the suspect is under arrest; 
• To obtain such evidence by questioning the suspect.

The reasons for continuing to detain the suspect must be noted on the Custody Record.

There are strict time limits on how long a suspect can be detained at the police station before charge. For the purpose of these time limits the period of detention is calculated from the time of arrival at the police station - which must be noted in the Custody Record.

• There is a maximum initial detention period of 24 hours for all offences, but this can be extended for indictable offences  to 36 hours if authorised by a Superintendent- PACE **. 41 and 42 
• Where the police wish to detail a suspect beyond 36 hours they can apply to the Magistrates court for a warrant of futher detention in respect of an indictable offence allowing the suspect to be kept in detention for an additional period of up to 36 hours PACE s.43
• Where the police wish to detain a suspect beyond 72 hours they can apply to the Magistrates court for an extention of the warrant of further detention for an indictable offence, allowing the suspect to be kept for an additional period of up to 24 hours PACE s.43
• At the end of the 96 hours the suspect must be charged or released unconditonally or on police bail

In addition, reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically – PACE s.40 – and recorded on the Custody Record.

The officer carrying out a review is known as the ‘Review Officer’ who must determine whether to authorise a person’s continued detention.

Who is the review officer?

o            In the case of a person who has been arrested and charged, by the Custody Officer; and

o            In the case of a person who has been arrested but not charged, by an officer of at least the rank of Inspector

• The detainee or the solicitor can make representations to the Review Officer. The Review Officer must be aware of ECHR article 5 when considering if continued detention is appropriate.

 When do reviews take place?

o            The first review shall be not later than six hours after the detention was first authorised;

o            The second review shall be not later than nine hours after the first; and

o            Subsequent reviews shall be at intervals of not more than nine hours.

The review officer may use telephone and video links in certain circumstances to conduct the review (S40A PACE).