Detention 2012


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Detention 2012

  1. 1. Police Powers 3: Detention, Interviews, Searches & SamplesG151 ELSMAH 2012
  2. 2. Starter: Can you be arrested for the following? You are about to rob an old ladyYou have been identified (wrongly) as being involved in a murder You are drunk You tell the police your name is HRH Elizabeth WindsorYou tell them that you live at 10 Downing Street, Westminster You urinate in the street
  3. 3. Introduction: You are going to watch an extract from the program Coppers, which follows thecustody officers at one police station.Using what you see, completethe questions on p.2 of your handout.
  4. 4. Area One: DetentionSo, you’ve been Taken to the arrested... police station Why? What next? ASAPWhat is police The police restricting the liberty of a suspect for a limiteddetention? period...Why might the order to investigate and prevent crime or the conductpolice wish to of the suspect.detain someone?
  5. 5. Key Person: Custody OfficerMain Responsibility:Also responsible for:Check that the arresting officer complied with ………..Keep the custody recordMay record all of D’s possessions and search DEnsure that you are given adequate rest, meals andreviews in accordance with Code C.Tell you all of your rights, especially that to legaladvice.Reviews of custody? Is the Custody Officer a truly independent person?
  6. 6. Time limits! 24 hours Only hold for longer if it is an indictable offence Up to Further total of 12 96Offence: Summary Triable-either way IndictableMeans:Examples:
  7. 7. What about terrorist suspects and pre-trial detention? The detention will be legal, if among other reasons, it is necessary... “pending the results off an examination or analysis of relevant evidence, or of anything which is being examined or analysed with a view to obtaining relevant evidence.” Is this sufficiently limiting?Protection of Freedoms Act 2012 14 days
  8. 8. Other Rights in Detention...To inform someone of your arrest But they can be delayed... Up to 36 hours for an indictable offence only! 1. Harm to evidence or persons 2. Interfere with investigation 3. Lead to other suspects To consult with a legal adviser being alerted R v Samuel 4. Prevent recovery of the property R v Grant
  9. 9. A further safeguard... Appropriate AdultWho? Why? R v Aspinall 1999 A-B Work: Does it work? What alternatives could you suggest to ensure that they are protected?
  10. 10. Can you name the word or phrase? Appropriate Adult Custody Indictable detention
  11. 11. Other Rights
  12. 12. Section Two: Interviews What is the purpose of the interview? Thinking: What about those ‘informal’ interviews Tape Recorded which take place before the suspect is at the station? Many interviews seem to take more place in police cars or Video Recording? outside of the police station. How do we incorporate those more appropriately? Who else should be present?How many questions? Miller 1992
  13. 13. Right to silence? Criminal Justice and Public Order Act 1994 ss33-9When might you receive the caution? Silence Imagine you are the jury. Watch the interview with Steve Wright, who was subsequently convicted of the murder of a number of women in Ipswich. What conclusions would you draw based on what You do not have to say anything. you see? But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence
  14. 14. Consolidation: Are these legal? Can you apply the law to the recent detention of Mark Bridger?1. He was arrested on Tuesday at 15.30.  How is he still in custody on Thursday, if the rule is 24 hours?  How long could they hold him in total?2. He was interviewed immediately after arrest  Is this legal?  Why?3. He has been interviewed twice whilst in custody  Why has he not been interviewed continuously?  What rights would he have in the interview?4. The police have made it clear that this is one of their lines of inquiry.  What might be the grounds for arrest under s.24?  Why are they looking at other lines, if he is under arrest?
  15. 15. Section three: Searches & SamplesPhotographs Drug testsFingerprints DNA swab Student Task: Non intimate samples Read the enclosed article from the BBC and complete the table, comparing the law from before and after the changes.
  16. 16. Some other (ickier!) samples... Intimate Samples1. oobld2. meesn3. sstiue4. dufli5. rueni6. bpuic rhai7. tednla sssipmreion Safeguards:ConsentRegistered medicalpracticionerSomething tocompare to!
  17. 17. Intimate Search Two grounds: 1. Item to cause injury 2. Class A drug Covers? AO2 Why is the mouth General Search exempt?What for? Strip Search Safeguards:Means:  Authorised by seniorSafeguards: officerNot remove everything  Suitably qualifiedPrivate person... which means?Same genderAuthorised by senior officer
  18. 18. What happens if the police don’t adhere to these rules? What does that mean? Section? Powers? s.76 Statements obtained through oppression will not be admissible in court. This includes the threat of violence, torture, inhumane or degrading treatment. s.78 The court may exclude evidence if “such an adverse effect on the fairness of proceedings that the court ought not to admit it”Article 3 European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". R v Miller
  19. 19. For each of the following situations, use RAG to show whether there has been a lawful detention or not Be prepared to defend your answer!Joe is detained for the theft of a Yorkie. The police keep him for 60 hours then release him without charge NO Bob is detained on suspicion of murdering Wilma. The police suspect that he has an accomplice and refuse to let him tell anyone that he is at the police station. Ariel is a schizophrenic, whose medication controls her symptoms. The police interview her in relation to a suspected assault and she is lucid and alone. MAYBE The police detain Tamara, aged 11, over an alleged criminal damage offence. Her mother is called and sits in on the interview.Fred is taken into an interview room. The police tell him that he YESmust answer these questions, and if he doesn’t he’ll be charged with the murder of Pebbles.
  20. 20. Spot check:How much do you remember?
  21. 21. POWERS OF THE POLICE LIMITATIONS ON POWER INDIVIDUAL RIGHTS To detain an individual... Only for certain time limits Custody OfficerConsolidation... Can delay right to legal advice... Only if... Right to legal advice Can delay right to inform.... Only if... Right to have someone informed of detention Can interview suspect Must be taped and... Appropriate adult Interpreter Can search suspect... Only if... Must be conducted in particular way to 3 Types protect dignity and privacy of S Check in search Strip search Intimate search Can take samples Non-intimate By With permission from Intimate By With permission from
  22. 22. Describe the rights of the police to detain, search and interview a suspect arrested in connection with a serious offence. 18IntroductionMain Subheading Key Information Example, Futher detail or explanation. Case, StatesConclusion
  23. 23. Plenary: It’s Post-it time! “The removal of the right to silence assumes everyoneA is guilty” Discuss whether or not you agree with this statement and why.B Joe, aged 16 is arrested and charged with arson. Explain two safeguards which should be in place in his interview.C Describe the role of the custody sergeant. Explain the time limits affecting a defendant chargedD with an indictable offence. Identify what is meant by an indictable offence, andE give an example.
  24. 24. Pair work Are these legal? Each pair will be given one problem. You need to brainstorm the answer, using the relevant legislation, cases etc. and then write it up. Jez, aged 40, has been arrested Andy has been seen taking a Sonya, aged 15, has been television from his place of work.on suspicion of murder. He is arrested for shoplifting by thetaken to the local police station at He is stopped and searched by a security guard who thought police officer. He is told to strip4 a.m. The custody officer takes she took a CD. When the policeall of his possessions and gets him down to his underwear. The police arrive, she is questioned on officer believes that he is anto sign the form without any the way to the police stationexplanation. He is interviewed for infamous murderer. She arrests him about the incident. At the and takes him to the police station.10 hours about the alleged crime. police station she is notHe asks to see a lawyer but is He is put in a cell for two days. permitted to make a telephone While Andy is in the cell, the policerefused this request. The police call. The police officers refusetake Jez’s fingerprints and a saliva demand that Andy give them a to contact anyone until she sample of his blood. They tell Andysample without consent. He is admits that she took the CD.released after three days. that if he refuses, he will be strip searched. Advise Sonya regarding the Advise Jez regarding the conduct of the police. Advise Andy about the conduct ofconduct of the police. the police. In completing this you will be showing your understanding and application of the law.
  25. 25. Matilda is arrested on suspicion of burglary. She is taken to the police station and given anintimate search by a female police officer to search for stolen credit cards. Fingerprints and asample of blood are taken from Matilda by force. She is detained for 30 hours before she isallowed access to legal advice.Explain whether Matildas treatment at the police station was lawful. [12]Point Because And HoweverIn conclusion:
  26. 26. It’s time to be creative!1. Using all you know about stop and search, arrest and detention, produce a leaflet aimed at the lower school explaining their rights. It can be as creative as you like (including puzzles etc) but must clearly inform them of their rights. Due Friday 12th October 2012