This chapter describes Sections 34 to 51, which make up Part IV of the Police and Criminal Evidence Act (PACE) 1984. Part IV sets out the conditions under which a person can be held in police detention and when they must be released, the role and responsibilities of the custody officer, and a timetable within which decisions relating to detention and charge must be made. It also talks about a person in police detention for the purposes of PACE if taken to a police station following arrest or is arrested at the police station. The chapter examines how a person is to be treated as under arrest for an offence where they return to a police station to answer bail. It cites Section 34(1), which specifies that a person arrested for an offence will not be kept in police detention except in accordance with the provisions of PACE.
This chapter highlights Part III of the Police and Criminal Evidence Act (PACE) 1984, which outlines powers and duties in relation to arrest. It discusses arrest without warrant by constables and other persons, information to be given on arrest, and powers and procedures with respect to persons arrested elsewhere than at a police station. It also reviews provisions on the bail of persons arrested elsewhere than at a police station and the arrest of persons at police stations, attending voluntarily or by arrest for further offence. The chapter explores the power and duty of the search of persons and search and entry of premises upon arrest at a place other than a police station. It mentions the Serious Organised Crime and Police Act 2005 (SOCPA), which splits the general power of arrest into two sections: arrests effected by constables and arrests effected by other persons.
This chapter focuses on the role of the solicitor throughout the custody procedure. According to Code C of the Codes of Practice, a solicitor can either be someone who holds a current practising certificate or an accredited or probationary representative within the register of representatives maintained by the Legal Services Commission. The chapter also mentions that solicitors may also be any person representing a detainee at a police station. Accredited representatives may act on behalf of defence solicitors when defending suspects at police stations. The chapter then explains how solicitors can either play an active role in the interview or not by referencing some guidance into their possible involvement.
This chapter looks into the detainees of the Terrorism Act 2000. Local forces increasingly find themselves in the position of having to deal with terrorist suspects in more spontaneous circumstances and each force is required to identify a suitable designated police station to do so. Thus, all custody officers familiarize themselves with the legislative requirements under the 2000 Act and the implications of holding terrorist suspects in police cells. Article 5 of the Human Rights Act 1998 holds relevance when determining whether or not to authorize continued detention concerning detainees arrested under the Terrorism Act 2000. The chapter considers the entitlements of a detainee under the Terrorism Act 2000.
This book is a reference and training resource which presents all relevant legislation, together with analysis and explanation of the areas of the Codes of Practice that are most commonly misunderstood, to offer a treatment of all elements of the custody officer's role. Professionals involved in the criminal justice system will be acutely aware of the ever-changing legislation that governs the reception, treatment, and welfare of people detained at police stations. This book interprets the Police and Criminal Evidence Act (PACE) 1984 and accompanying Codes of Practice, and also covers detainees' entitlements, reviews and relevant times, identification and samples, as well as the extension of detention in terrorist cases. The fifth edition contains revised material on safer detention, clinical treatment and attention, and identification and samples, and is fully updated to cover all recent legislation, including the Terrorism Act 2000, the Criminal Justice Act 2003, and the 2012 updates to the PACE Codes of Practice.