Criminal Criminal Justice Justice

process- PACEprocess- PACE

InterrogationInterrogation

Detention without chargeDetention without charge

S41 & 42 PACES41 & 42 PACE

A suspect can be held without being charged for 24 hours before A suspect can be held without being charged for 24 hours before any further authorisation needs to be given.any further authorisation needs to be given.

After After 24 hours24 hours it has be reviewed and further detention must be it has be reviewed and further detention must be authorised by an officer of at least the rank of superintendent.authorised by an officer of at least the rank of superintendent.

If further detention is authorised it can continue till If further detention is authorised it can continue till 36 hours36 hours..

S41 (2) The period starts from the time the suspect arrives at the S41 (2) The period starts from the time the suspect arrives at the relevant police station, or from the time he was arrested. relevant police station, or from the time he was arrested. (whichever is earlier).(whichever is earlier).

Detention without chargeDetention without chargeS42 PACES42 PACE

After 36 hours from the beginning of the detention, the After 36 hours from the beginning of the detention, the suspect must be brought before a magistrate for a full suspect must be brought before a magistrate for a full hearing.hearing.

S43S43 : He is allowed legal representation. : He is allowed legal representation.

S43 & 44S43 & 44 : The magistrates can grant a further detention : The magistrates can grant a further detention for up to 60 hours - making a total of 96 hours.for up to 60 hours - making a total of 96 hours.

This is done with 36 hours extention per hearing.This is done with 36 hours extention per hearing.

Detention without chargeDetention without charge

The magistrates can extend the detention for a The magistrates can extend the detention for a further 60 hours without charge only if : further 60 hours without charge only if :

S43(4) PACES43(4) PACE

1) The offence is being investigated diligently & 1) The offence is being investigated diligently & expeditiouslyexpeditiously

2) The further detention is required to secure or 2) The further detention is required to secure or preserve evidence.preserve evidence.

&&

S116 PACES116 PACE

1) If the offence being investigated is a serious 1) If the offence being investigated is a serious arrestable offence.arrestable offence.

After being chargedAfter being chargedS38 PACES38 PACE

The arrested person, after being charged, must be The arrested person, after being charged, must be released with or without bail, unless :released with or without bail, unless :

1) it is necessary to hold him so that his name and 1) it is necessary to hold him so that his name and address can be obtained.address can be obtained.

2) necessary to hold him for his own protection, or 2) necessary to hold him for his own protection, or prevent causing physical injury or damage to anyone or prevent causing physical injury or damage to anyone or propertyproperty

3) custody officer feels that he would not answer to bail 3) custody officer feels that he would not answer to bail or to prevent him from interfering with witnesses or or to prevent him from interfering with witnesses or otherwise obstructing the course of justice.otherwise obstructing the course of justice.

4) if he is a juvenile and ought to be held in his own 4) if he is a juvenile and ought to be held in his own interests.interests.

After being chargedAfter being chargedS46(2) PACES46(2) PACE

After being charged, if he is not released, he will have to After being charged, if he is not released, he will have to be be

brought before a magistrate’s court, brought before a magistrate’s court, as soon as as soon as practicablepracticable, and , and

not later than the first sitting after being charged.not later than the first sitting after being charged.

Interrogation-introInterrogation-introUpon arrest the police are required to allow the Upon arrest the police are required to allow the person arrested, to inform someone, a friend or person arrested, to inform someone, a friend or relative that he has been arrested.relative that he has been arrested.

S56 PACE and Codes of Practice CS56 PACE and Codes of Practice C

Interrogation-introInterrogation-introWhen can the police delay this right to have someone When can the police delay this right to have someone informed?informed?

S56(2) PACES56(2) PACE

: If the person is arrested for a serious arrestable : If the person is arrested for a serious arrestable offence and an officer of at least the rank of offence and an officer of at least the rank of superintendent authorises the delay on the following superintendent authorises the delay on the following grounds :grounds :

1) if allowing immediate contact, may lead to 1) if allowing immediate contact, may lead to interference with or harm to evidence or witnesses or ;interference with or harm to evidence or witnesses or ;

2) the alerting of others involved in such an offence or ;2) the alerting of others involved in such an offence or ;

3) will hinder recovery of property obtained as a result 3) will hinder recovery of property obtained as a result of the offence.of the offence.

But annex B (code C) provides that such a delay cannot But annex B (code C) provides that such a delay cannot be longer than 36 hours.be longer than 36 hours.

To call someoneTo call someoneS41(2)S41(2)No one however is prevented from notifying someone No one however is prevented from notifying someone outside the police station, for longer then 36 hours, after outside the police station, for longer then 36 hours, after the relevant time.the relevant time.

Unless the reasons for a lawful delay discussed earlier Unless the reasons for a lawful delay discussed earlier exists, the suspect is allowed to exists, the suspect is allowed to

1) call someone to inform of his arrest.1) call someone to inform of his arrest.

2) He is allowed to speak to someone for a reasonable 2) He is allowed to speak to someone for a reasonable amount of time. (This in addition to his right to consult amount of time. (This in addition to his right to consult

his solicitor).his solicitor).

Right to legal adviceRight to legal adviceS58 (1) PACES58 (1) PACE: provides the right for the person arrested to consult a : provides the right for the person arrested to consult a solicitor privately at any time and this must be allowed solicitor privately at any time and this must be allowed as soon as practicable.as soon as practicable.

S 58 (8)S 58 (8)

Delay is permitted only if it is a serious arrestable Delay is permitted only if it is a serious arrestable offence and the officer authorises it, with the following offence and the officer authorises it, with the following grounds for delay :grounds for delay :

1) will lead to interference with or harm to evidence of 1) will lead to interference with or harm to evidence of physical injury to other person.physical injury to other person.

2) Alerting other persons who have not been arrested.2) Alerting other persons who have not been arrested.

3) Hinder the recovery of any property.3) Hinder the recovery of any property.

Right to legal adviceRight to legal advice

Code CCode C

The custody officer is required to inform the suspect The custody officer is required to inform the suspect that he is allowed to have legal advice when he is that he is allowed to have legal advice when he is brought in an arrested.brought in an arrested.

This is done also through posters and written and This is done also through posters and written and verbal notice.verbal notice.

Right to legal adviceRight to legal adviceR v Absolam (1988) CAR v Absolam (1988) CA

The CA held that the failure to tell the suspect of his The CA held that the failure to tell the suspect of his right to see a solicitor led to the conviction being right to see a solicitor led to the conviction being quashed.quashed.

The police had put questions to him, that amounted to The police had put questions to him, that amounted to an interview, which should have been done only after an interview, which should have been done only after the suspect is informed of his right.the suspect is informed of his right.

Right to legal adviceRight to legal adviceR v Samuel (1988)R v Samuel (1988)Facts : The suspect asked for a solicitor but was Facts : The suspect asked for a solicitor but was refused on the grounds that a serious arrestable offence refused on the grounds that a serious arrestable offence was committed and the danger of accomplices being was committed and the danger of accomplices being alerted.alerted.

The suspect confessed to the charges, meanwhile.The suspect confessed to the charges, meanwhile.

After the suspect confessed to the charges the solicitor After the suspect confessed to the charges the solicitor was allowed to see him.was allowed to see him.

Held : The CA quashed the conviction.Held : The CA quashed the conviction.

1) The police were not entitled to deny the suspect 1) The police were not entitled to deny the suspect access to a solicitor after he has been charged even if access to a solicitor after he has been charged even if other charges were being investigated.other charges were being investigated.

2) The right to access to a solicitor is a fundamental 2) The right to access to a solicitor is a fundamental right of a citizen.right of a citizen.

Right to legal adviceRight to legal adviceR v Alladice (1988)R v Alladice (1988)

CA in this case allowed the evidence of an admission CA in this case allowed the evidence of an admission made during an interview where the suspect’s access to made during an interview where the suspect’s access to a solicitor was delayed.a solicitor was delayed.

The court found that there was a breach of S58, but this The court found that there was a breach of S58, but this did not mean that the evidence obtained would did not mean that the evidence obtained would automatically be excluded.automatically be excluded.

Right to legal adviceRight to legal adviceR v Alladice (1988)R v Alladice (1988)

Considerations that the court would have to take into Considerations that the court would have to take into account when deciding to admit evidence, obtained account when deciding to admit evidence, obtained during interview, without solicitors rights mentioned.:during interview, without solicitors rights mentioned.:

1) The fact that the presence of the solicitor would not 1) The fact that the presence of the solicitor would not have made any difference to the suspects knowledge of have made any difference to the suspects knowledge of his right.his right.

2) The suspect understood the caution and was aware 2) The suspect understood the caution and was aware of his rights and was able to cope with the interview.of his rights and was able to cope with the interview.

3) No casual link between the absence of a solicitor and 3) No casual link between the absence of a solicitor and admission.admission.

4) No oppression or bad faith on the part of the police.4) No oppression or bad faith on the part of the police.