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Police Powers Notes

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POLICE POWERS ARREST AND CHARGE Summary arrest (without warrant) - s.24 PACE
? Since CJA amendments, can arrest without a warrant with reasonable grounds of suspecting the person is about to commit, is committing, or has committed any criminal offence. o Previously only applied to 'arrestable' offences but this distinction disappeared.
? s.24(5) PACE, also need reasonable grounds for believing that it is necessary to arrest for one of the following reasons: o Enable name/address to be obtained o Prevent physical injury, loss of or damage to property, offences against public decency or unlawful obstruction to the highway o Protect children or vulnerable o Allow for prompt and effective investigation o Prevent hindrance of prosecution by the person's disappearance.
? Also see PACE Code G on Powers of Arrest - s24(5) is exhaustive and arrest must be non-discriminatory and proportionate.
? Richardson: arrest of willing suspect unlawful b/c no necessity.
? So reasonable grounds to suspect offence will/is/was being committed + reasonable grounds for believing it is necessary for one of listed reasons. Citizens powers of arrest now in s.24A PACE Action on and after arrest Informing of arrest:
? PACE s.28(1) - form of words making clear that arrestee not free to go where he chooses + physically seize/touch person and tell them as soon as practicable.
? PACE s28(3) and (4) - provide reason. Caution:
? Code C: caution suspect immediately when have grounds to suspect of an offence.
? Caution: they do not have to say anything but it can harm defence if they fail to mention something that they later rely upon in court, and anything they do say can be relied upon as evidence. Post-arrest
? S.30(1A) - take to police station as soon as reasonably practicable. o Can detour to carry out such investigations that need to be carried out immediately.
? S.30A - release on bail w/ requirement to attend police station.

?

S.56 - right to have someone informed - only max 36 hours incommunicado where reasonable grounds to believe particular condition in s.56(5) and (5A) has been satisfied (e.g. interfering with witnesses).

Action at the police station - PACE Code C Initial stages:
? Report to the custody officer, who tells the detainee of right to free, independent and private legal advice, to have someone informed of arrest and right to read Codes of Practice.
? Custody officer opens custody record w/ all details of arrest and detention.
? Possessions: o S.54(1) - custody officer ascertains possessions, power to search in 54(6). o Discretion to seize anything found in the search. o Clothing and personal effects only seized where custody officer believes detainee might use them to injure himself/others, damage property, interfere w/ evidence or assist in escape OR reasonable grounds to believe they are evidence of an offence ss.54(3)-(4).
? Photograph/fingerprints/footprints s.61 PACE.
? Intimate and non-intimate body samples defined in s.65. Consent needed to take intimate ones under s.62, no consent needed under s.63 for non-intimate. Consideration of evidence pre-charge (s37):
? Custody officer, post-formalities, considers evidence against detainee under s.37(1) o If not sufficient evidence - release under s.37(2) unless detention without charge believed by custody officer to be necessary to either secure/preserve evidence relating to offence OR to obtain such evidence through questioning. o If there is sufficient evidence, investigating officers should charge or release (or bail on condition of return).
? So under s.37 can hold for interrogation before charging. Once charged:
? s.46 - production at the next sitting of the mag's court, at the latest on day after arrest (unless Christmas/Good Friday/Sunday). Detention without charge:
? Governed by PACE ss.40 and 44 = sets out timetable for detention

Within 6 hours?Within 15 hoursReview officer must agree it is necessary to hold the detainee. Same questions asked by him as the custody officer. Is there enough evidence to charge? If not, are either of the two grounds for detention without charge satisfied?
Detainee and/or solicitor can make representations. Reasons given for decision to detain by review officer communicated to detainee. Second review held. Even if detention without charge authorised by station superintendent or magistrates.

Within 24 hours??Within 36 hours?After 72 hours?After 96 hours?

Must be released and charged unless continued detention without charge authorised by the station superintendent. Time runs from 'relevant time' - arrival at station Superintendent must be satisfied one of the matters detainee is suspected of is an indictable offence As well as reasonable grounds for believing that (a) one of the grounds for detention in s37(2) applies and (b) investigation is being conducted diligently and expeditiously. If detainee has not exercised rights to consult legal rep/inform someone then he should be reminded of these rights. Detainee must be released or charged unless magistrate has issued a warrant of further detention. Free legal representation is allowed for the hearing before at least two magistrates. Magistrates must be satisfied: (a) held for indictable offence (b) continued detention necessary to secure or preserve evidence of the offence or obtain that evidence through questioning him and (c) that the investigation is being conducted diligently and expeditiously. Warrant - max 36 hours Magistrates can subsequently extend the 36 hour period to 72 hours. The same rules apply to an application for extension. One more extension can be made but never so that the extended period reaches 96 hours from the relevant time. Max period is 96 hours without charge. So release or charge needed.

Charging ? take detainee to custody officer, caution again, write charge down and read to him, record reply and give written notice. (In accordance with s37A - DPP guidance on when to charge). Questioning post-charge is generally not allowed (Code C16.5). Release or detention post-charge
? S.38(1) - Once charged custody officer should order release unless o Refused to give name/address o Reasonable grounds to believe
? Name/address not genuine
? Detainee will not answer bail

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