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Summary Detailed notes on what to look for in the detention and custody log

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Full and in-depth notes on the detention and custody log. A highly detailed and clearly written step-by-step approach to understanding and answering exam questions. The document breaks down each element you need to cover to answer a question on this topic. Contains extensive but easily comprehensible detail.

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Uploaded on
March 28, 2023
Number of pages
4
Written in
2022/2023
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Summary

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Things to check on a Custody Log:
 ‘Reason for arrest’
o is it correct?
 ‘Comments made by person when facts of arrest were explained’
o If yes is ticked – need to request to see the Detention log
 ‘Arrested at’
o Write/note the time
 ‘Arrived at station’
o Write/note the time
 ‘Relevant time’
o Write/note the time – to work out how long ‘x’ has been detained / when ‘relevant time’
began.
o The suspect must be brought before a CO as soon as reasonably possible – Code C 2.1
 Is there a time delay between this time and the time stated in ‘Detention decision’ –
if so: ask what the delay was for? What was said/occurred during this delay?
 ‘Detention decision’ / ‘Reason for detention’
o Must be a reason for detention - There are grounds for detention: The suspect should be
released with/without bail unless:
 The CO has reasonable grounds for believing that detaining the suspect without
charge is necessary to secure or preserve evidence relating to an offence for which
he is under arrest; or
 It is necessary to obtain such evidence by questioning.
o Likely both (iii) and (iv) should be ticked – and if (iii) and/of (iv) is ticked, below it must be
stated (see exemplar)
o For last two boxes in ‘detention decision’ – if ticked ‘no = request information as to why
grounds were not recorded/told to suspect + ask to see Log.
 ‘Comment made by person when informed of detention’
o If ‘yes’ is ticked – ask to see the log to find out what the suspect said.
 ‘Officer opening custody record’
o Make sure the officer is at least of the rank of Sargent.
 ‘Personal details’ of the suspect
o Make sure all the suspects personal details are correct
 ‘Arresting officer’ and ‘Officer in the case’
o Check both of rank of at least constable.
 ‘Detained persons rights’
o Make sure this is signed by suspect
 ‘legal advice requested’ / ‘legal advice declined’
o Check which the suspect has chosen
 Check final few boxes are appropriate.
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