Searches and Samples:

Initial Booking:

-No automatic right to search

-Only non-intimate search can be made but only if custody officer thinks there is a good enough reason.

Strip Search:

-Only if a prohibited article is suspected

-Men; one half of clothing then the other

-Women; a robe or something similar is to be worn

Intimate Search:

-High ranking officer

-Class A drugs; a suitably qualified person can search

-Article that could cause harm

Non-Intimate Samples:

-Finger prints...

-Must try for consent however can use reasonable force

Intimate samples:

-Examples; blood, semen, pubic hair, dental impression, genital swats

-Only a Dr/nurse can obtain these and consent must be given.

Interview:

Rooms:

-Adequately heated, lit and ventilated

-Must be offered a seat

-Breaks at meal times and every 2 hours

Tape Recording:

-Must be recorded

-2 copies

-Who's present at the beginning and time and when it finishes and time

Appropriate Adult:

-When D is under 18 OR mentally venerable there must be an appropriate adult present at all times

Right to Silence?

-s34-39 Criminal Justice and Public Order Act (1994)

can stay silent but it can be used against you in a court of law.

Protection of Suspects:

-s76 Public and Criminal Evidence Act (PACE) 1984

cant be used if obtained through (oppression- torture, inhumane or degrading)

Detention:

Powers of Detention:

-Brought before a custody officer as soon as possible

-Custody officer musts start a record

Time limits:

-Summary;24 hours

-indictable; 36 hours (senior officers permission) / 96 hours (if granted by magistrates)

-Terrorism; 14 days

Rights of a Detained Person:

-Someone informed off the arrest

-Told of available legal advice

-Consult with lawyer

Limitations on rights:

-Can be delayed for 36 hours if offence was indictable (only exceptional circumstances 'R v Samuel (88)'

-Applies to under 18 and mentally venerable 'R v Aspinall (99)'

-Can refuse a phone call

	Created by Tarun over 9 years ago

Levels law Note on Police powers, created by Tarun on 16/03/2015.