PACE Code C allows suspects to be detained without charge for up to 4 days
Summary offence=24 hrs
Indictable=36 hrs and request to Magistrates forextenstion for 96 hrs
Custody Officer is the most important person reguarding detention
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Safeguards
Suspect must be broguht to police station asap
Alternatively police can grant bail to atten police station at a later date (conditions)-Street Bail
On arrival at station custody officer decides is sufficient evidence to charge
If charged must be released on bail unless reasons against- general presumption is should be granted bail
Person charged must be broought before magistrates asap no matter what the offence
Police have a habit of 'taking the scenic route' and ask question
unlawful
Custody Officer must open the suspect's custody record log as soon as the suspect arrives at the station
include time of arrival, reason for arrest, each review and any visits made to the cell
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Detention without Charge
Detained to secure or obtain evidence often through questioning S37 PACE
Detention should be reviewed after first 6 hrs and then ar intervals of no less than 9 hours s40
Basic rule-right to detain depends on whether crime is indictable
24 hrs from time of arrival for summary offences then charge or releas S41
If at any time the custody officer decides there's no reason to detain the suspect for longer, they must be released
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Exceptions
Police can authorise detention for further 12 hours if necessary to secure or preserve evidence and the offence is indictable
Suspect can be detained for further periods up to 96 hours with permission from a magistrates' coourt
Only 5% detained for more than 18 hours and 1% for more than 36 hours
The suspect has the right to be represented and oppose the application for a detention extention at the Magistrates Courts
Under the Terrorism Act 2006 a suspect can be detained for up to 14 days. The period has to be extended by a District Judge (Magistrates Court)
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Are the Safeguards effective?
Role of the custody officer-keeps record and checks compliance
In practice custody officers unable to distance themselves from needs of the investigation
Often of more junior rank than investigating officer
Some research suggests that custody officers tend to do what senior officer tells them to do; influenced by senior investigating officer
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Post-Charge Questioning
Once charged suspect should not be questioned further by the police however research shows that this is not the case
Only allowed to prevent ot minimse harm or loss, clarify ambiguity in statement or in interests of justice for suspect to be given opportunity to comment on new evidence
Inferences cannot be drawn-here still genuine right to silence
Aim to reduce risk of false confessions
But pilot studies where post-questioning being allowed
The earlier you plead guilty, the less sentence you get
1st opportunity, 1/3 discount unless there is overwhelming evidence-20%
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