Detention 2011012


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Detention 2011012

  1. 1. Police Powers:<br />Detention, Interviews, Searches & Samples<br />G151: ELS 2010<br />Miss Hart<br />
  2. 2. Starter:Can you be arrested for the following?<br />You are about to rob an old lady<br />You have been identified (wrongly) as being involved in a murder<br />You are drunk<br />You tell the police your name is HRH Elizabeth Windsor<br />You tell them that you live at 10 Downing Street, Westminster<br />You urinate in the street<br />
  3. 3. What are we going to look at?<br />Introduction:<br />You are going to watch an extract from the program Coppers, which follows the custody officers at one police station. <br /><ul><li>What do you notice about the operation of custody?
  4. 4. What safeguards operate to protect the suspect?
  5. 5. What information do you learn about custody?</li></ul>Searches & Samples<br />Detention<br />Interviews<br />
  6. 6. Area One:Detention<br />1. What is police detention?<br />So, you’ve been arrested... What next?<br />The police restricting the liberty of a suspect for a limited period...<br />Taken to the police station ASAP<br />2. Why might the police wish to detain someone?<br /> order to investigate and prevent crime or the conduct of the suspect.<br />Why?<br />
  7. 7. Key Person: Custody Officer<br />Main Responsibility:<br />Also responsible for:<br />Reviews of custody?<br />What criticisms (AO2) can you spot with the notion of an “independent” officer?<br />
  8. 8. Time limits!<br />Only hold for longer if it is an indictable offence<br />24<br />36<br />96<br /> Hmm...<br /> What about the Terrorist Act 2006?<br />
  9. 9. Rights in Detention<br />Indictable offences<br />Inform someone of your arrest<br />But they can be delayed...<br />Up to 36 hours<br />Harm to evidence or persons <br />Interfere with investigation<br />Lead to other suspects being alerted <br />Prevent recovery of the property<br />Who?<br />Right to consult with a legal adviser<br />R v Samuel<br />R v Grant<br />Criminal Defence Service<br />
  10. 10. Other Rights<br />
  11. 11. In addition...A further safeguard<br />Why?<br />Young People<br />R v Aspinall 1999<br />Mentally Disordered<br />A-B Work:<br />Does it work? What alternatives could you suggest to ensure that they are protected?<br />
  12. 12. Section Two:Interviews<br />What is the purpose of the interview?<br />Tape Recorded<br />Silence<br />You do not have to say anything. 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<br />Video Recording?<br />How long?<br />Who else should be present?<br />How many questions?<br />R v Miller<br />
  13. 13. Section three:Searches<br />Stage One: <br />Search of a detained person<br />Looking for...?<br />Photographs<br />Non intimate samples<br />Compulsory drug tests<br />Fingerprints<br />DNA swab<br />How old must the suspect be?<br />
  14. 14. What happens to these samples?<br />Until 2001, they were only kept if you were found guilty. Otherwise they were destroyed. However....<br />S & Marper v UK 2008<br />
  15. 15. So... What did Europe have to say about this?<br />The government is intending to change this in the Protection of Freedom Bill<br />What arguments are there for and against the DNA register? <br />How does the government propose to amend the rules in the wake of the ECtHR ruling?<br />
  16. 16. Other searches...<br />Strip Search<br />Means:<br />Safeguards:<br /><ul><li>Not remove everything
  17. 17. Private
  18. 18. Same gender
  19. 19. Authorised by senior officer </li></ul>Intimate Search<br />Two grounds:<br />Item to cause injury<br />Class A drug<br />Covers?<br />Safeguards:<br /><ul><li>Authorised by senior officer
  20. 20. Suitably qualified person</li></ul>Intimate Samples<br />1. oobld<br />2. meesn<br />3. sstiue<br />4. dufli<br />5. rueni<br />6. bpuicrhai<br />7. tednlasssipmreion<br />Safeguards:<br /><ul><li>Consent
  21. 21. Registered medical practicioner</li></li></ul><li>Hints for Independent Study:What happens if the police don’t adhere to these rules?<br />What does that mean?<br />Article 3 European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". <br />R v Miller<br />
  22. 22. For each of the following situations, use RAG to show whether there has been a lawful detention or notBe prepared to defend your answer!<br />Joe is detained for the theft of a Yorkie. The police keep him for 60 hours then release him without charge<br />NO<br />Bob is detained on suspicion of murdering Wilma. Te police suspect that he has an accomplice and refuse to let him tell anyone that he is at the police station.<br />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.<br />MAYBE<br />The police detain Tamara, aged 11, over an alleged criminal damage offence. Her mother is called and sits in on the interview.<br />YES<br />Fred is taken into an interview room. The police tell him that he must answer these questions, and if he doesn’t he’ll be charged with the murder of Pebbles.<br />
  23. 23. Do you understand? Have you learnt?<br />Can you explain:<br /><ul><li>What the custody officer does
  24. 24. How long the suspect may be detained
  25. 25. What rights the suspect has
  26. 26. What rights the suspect has in the interview room
  27. 27. What a suspect may be searched for.
  28. 28. Which samples may be taken.</li></ul>Can you discuss <br />or evaluate:<br /><ul><li>How the individual’s rights are protected.</li></ul>NO<br />MAYBE<br />YES<br />
  29. 29. Pair workAre these legal?<br />Each pair will be given one problem. You need to brainstorm the answer, using the relevant legislation, cases etc. and then write it up.<br />Andy has been seen taking a television from his place of work. He is stopped and searched by a police officer. He is told to strip down to his underwear. The police officer believes that he is an infamous murderer. She arrests him and takes him to the police station. He is put in a cell for two days. While Andy is in the cell, the police demand that Andy give them a sample of his blood. They tell Andy that if he refuses, he will be strip searched. <br />Advise Andy about the conduct of the police. <br />Jez, aged 40, has been arrested on suspicion of murder. He is taken to the local police station at 4 a.m. The custody officer takes all of his possessions and gets him to sign the form without any explanation. He is interviewed for 10 hours about the alleged crime. He asks to see a lawyer but is refused this request. The police take Jez’s fingerprints and a saliva sample without consent. He is released after three days. <br />Advise Jez regarding the conduct of the police.<br />Sonya, aged 15, has been arrested for shoplifting by the security guard who thought she took a CD. When the police arrive, she is questioned on the way to the police station about the incident. At the police station she is not permitted to make a telephone call. The police officers refuse to contact anyone until she admits that she took the CD. <br />Advise Sonya regarding the conduct of the police.<br />In completing this you will be showing your understanding and application of the law.<br />
  30. 30.
  31. 31. Describe the rights of a person who is suspected of committing a serious offence, whilst detained, interviewed and searched at the police station<br />
  32. 32. Matilda is arrested on suspicion of burglary. She is taken to the police station and given an intimate search by a female police officer to search for stolen credit cards. Fingerprints and a sample of blood are taken from Matilda by force. She is detained for 30 hours before she is allowed access to legal advice. Explain whether Matilda's treatment at the police station was lawful. [12]<br />
  33. 33. Plenary: How much do you remember?<br />