Police Powers - Detention and samples

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  • Created by: 10dhall
  • Created on: 07-05-17 16:13
What are the suspects rights in detention?
Caution, a tape recording under s60 of PACE, the right to let someone know (can be delayed to 36 in certain circumstances or 48 in terrorism), right to legal advice from sol, vulnerable (appropriate adult), two light means one main, 8 hours sleep
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When can a defendant's detention period be extended?
If the senior officer believes that the D will: interfere or harm evidence, alert other people linked to the offence, or interference or physical injury to other people
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What are the rules on detention periods?
12 hours initially without conviction, can be extended to 36 with permission from senior officer, can be extended further to 96 hours with permission from Magistrate's, 4 days total then let go with exception for terrorism: 14 days
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What section of pace states that there should be a tape recording?
S6O of PACE
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Evaluation of police powers?
Detention period for terrorism is too long, custody officer is not much of a safeguard (10% records are falsified), rules on samples have been criticised, and the caution is confusing
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Where do complaints about the police go to?
The IPCC
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What are intimate samples?
Blood, semen, public hair, genital swabs, dental impressions, urine
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Non intimate samples?
Mouth swabs, fingerprints/footprints, saliva, swabs not from orifices
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What are the suspect's rights in detention?
S54 states a custody officer must record everything he has on arrival and can seize anything apart from clothes/personal effects, must be told why they are being seized unless he is violent/can't understand
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Why can a person's items be taken away?
If it is suspected that he might; hurt himself or someone else, damage property, interfere with evidence, escape or the property is evidence of a crime
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Information about intimate searches?
The suspect must be told why the search is going to take place beforehand, records must be kept about what part of the body was searched and why, told why he is being detained unless violent or can't understand
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Searches at the police station?
Code of practice C carries out searches, and intimate searches can only be taken place under section 54 and 55 of PACE, orders can be made for searches is necessary
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***** searches?
Can only take place where the custody officer thinks it is necessary in order to remove something which they would not be able to keep, must be carried out by an officer of the same sex
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Other cards in this set

Card 2

Front

When can a defendant's detention period be extended?

Back

If the senior officer believes that the D will: interfere or harm evidence, alert other people linked to the offence, or interference or physical injury to other people

Card 3

Front

What are the rules on detention periods?

Back

Preview of the front of card 3

Card 4

Front

What section of pace states that there should be a tape recording?

Back

Preview of the front of card 4

Card 5

Front

Evaluation of police powers?

Back

Preview of the front of card 5
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