2. Three people have been arrested….
Jim is 14 and
interviewed
by the Police
on his own.
Susie has her
fingerprints
and DNA
taken by
force.
John refuses
to give the
Police a
blood
sample.
What have the Police done wrong?
3. PACE
•Police And Criminal Evidence Act.
•Introduced in 1984
•balance between police and the public.
•Legally binding on the Police.
•Act establishes Codes a Practice.
4. Codes of Practice
A -Stop and search.
B - Searching premises and seizing property.
C - Detention, treatment and questioning of persons by police officers.
D - The exercise by police of statutory powers to identify persons.
E - Audio recording interviews with suspects.
F - Visual recording with sound of an interview
G - Statutory powers of arrest
H - Detention, treatment and questioning by police officers under the
Terrorism Act 2000.
5. Detention
What is Police
detention?
Why might the Police
wish to detain
someone?
What do we have to
balance, in giving the
Police the power to
detain someone?
The Police restricting the liberty of a suspect for a
limited period…
… in order to investigate and prevent crime or the
conduct of the suspect.
The rights of the individual should be protected.
The Police need to be able investigate and obtain
evidence.
6. Detention (Code C)
2 hours 12 hours
24 hours
30 hours
What is the maximum time someone can be held in a police station
without being charged ?
7. Time Limits
Hours
Only hold for longer if it is an indictable offence
Further Up to total
of
14 days (Home Secretary)
36 Hours
(Superintendent) 96 Hours
(Magistrates)
8. You have the right to a phone call at the Police Station?
True False
Interviewing (Code C)
9. People who watch American sitcoms will have a
perception that they are entitled to a phone call.
Under PACE people are entitled to:
•The right to have someone informed of where they are.
•The right to free legal advice
•The right to consult the Codes of Practice.
11. Questioning
Why would the suspect be questioned…
What can’t the police do…
How do we know what goes on in the
Interview…
How long can they interview without a break…
12. Questioning
Why would the suspect be questioned…
•To try to obtain evidence
What can’t the police do…
•Use oppressive conduct
How do we know what goes on in the
Interview…
•All interviews are audio taped, some video taped
How long can they interview without a break…
•2 hours
13. 2 extras for a better answer:
Detaining – mention the role of the custody
officer who ensures the rules (codes of
practice) are followed
Questioning –mention the case R v Miller
on use of force, officers shouted the words
they wanted 300 times
21. Police Search Intimate Search
Two grounds:
1. Item to cause injury
2. ClassA drug
Covers?
Why is the mouth exempt?
Safeguards:
Authorised by senior
officer
Suitably qualified
person.. which means?
General Search
What for?
Strip Search
Means:
Safeguards:
Don’t remove everything
Private
Same Gender
Authorised by Senior Officer
22. How Many Mistakes?
•Jon, aged 15, has been detained at Brighton police station for
32 hours for shoplifting, the custody officer asked if he wanted
his family informed where he was and if he wanted a lawyer.
He said no to both.When he changed his mind 2 hours later he
was told it was too late.
•His interview lasted for 3 hours, when he refused to answer any
questions he was told to confess or his whole family would be
arrested.
•The police carried out an intimate search as they said he may
have had stolen goods, they also took a DNA sample by force.
23. Jon
1. 32 hours – did superintendent give permission at 24 hours?
2. He can ask for a lawyer at any time.
3. No reason not to allow him to contact his family.
4. Interview lasted for 3 hours
5. No mention of an appropriate adult
6. Oppressive conduct with threat to family
7. Looking for stolen goods is not grounds for intimate search
• But they can take a DNA sample by force.
24. Describe the police powers to detain, search
and question at the police station
A potential part a question
Factual only, no comments required
Perfectly ok to present in bullet points, as long as
you include enough detail.
25. P++ themes
•Work in pairs and identify 4 things which benefit
the suspect while in custody at the police station
and 4 things which benefit the police.
26. Now a harder one…
•Discuss how effectively a suspects rights are
protected while being questioned at the
police station
27. Evaluation of Rights of the individual to
rights of the police?
Starting questions...
•Why should the suspect have rights at the police
station?
•Should these two rights be balanced or one stronger
than the other?
Editor's Notes
Introduced in 1984 following the royal commission
Sets out the rules for police activity in relation to search, arrest, interview and detent .
Aims to strike the right balance between the powers of the police and the rights and freedoms of the public.
It is a statute is legally binding on the Police.
Act establishes Codes a Practice.
The PACE Codes of Practice covers:
Arrest.
Stop and search.
Detention.
Investigation
Identification.
Interviewing detainees.
These codes are not legally binding and only provide guidance.
The right to have someone informed of where they are, the police may allow someone to make a phone call although there is no legal right for this. This can be suspended for up to 36 hours if it could interfere with the police investigation by informing other suspects
The right to free legal advice –can also be suspended for 36 hours if it might endanger the investigation.
The right to consult the Codes of Practice allows suspects to see what rights they have and the rights of police.
