Detention: suspect safeguards
Right not be held incommunicado s.56
Right to contact a solicitor s.58
Above riles supplemented by Code C
Delays to ss.56,58 rights possible where suspect held in connection with an indictable
offence
and there is a risk of danger to evidence/witnesses or if an officer of at least the rank of
inspector authorises it.- can only be delayed for 36 hours
Audio recording for persons cautioned in respect of indictable offences Code C para 10
(suspect can refuse – but this refusal can be overridden if reasonable to do so)
Nb Special rules exist in respect of children and under other laws terrorist suspects
Treatment of Persons in Custody: PACE
S.56:
the right to inform someone, when someone is being held to custody he should be entitled if
he so requests to let one person, family or friend, to be told as soon as practical that he has
been arrested and detained. However, the P can delay this if they can meet some
conditions, (research this) this section has been amended so it doesn’t apply to terrorist
arrests.
S.58:
supported by access to legal advice. This need to be done as soon as practical but
police can delay this for up to 36 hours if those some reasons as in s. 56 can be satisfied.
R v Samuel [1988 ]:
refused to consult officer in case he informed others involved he confessed to two burglaries
but didn’t confess to the robbery, but he was still refused access to a solicitor, he eventually
confessed to robbery n he was charged with this n it was only after this that he was allowed
access to a solicitor. The court quashed Samuel's conviction due to the fact that the police
acted unlawfully in refusing him access to a solicitor
-But see in respect of offence of failure to provide a breath test: Chalupa v CPS (2009) Oct
30
TREATMENT OF DETAINED PERSONS
Search following arrest at police station
o S.54 PACE and also see s.54A allowing search and photographs of 'marks' without
consent
-Possessions will be taken from you
o Fingerprints s.61 PACE: 'recordable offences' (S.I.2000/1139 - includes among
others any offence punishable by imprisonment)
Police can take your fingerprints regardless of whether you give your consent or not
S.117 PACE: police can use a reasonable degree of force to get your fingerprints
o Intimate searches s.55 PACE
Right not be held incommunicado s.56
Right to contact a solicitor s.58
Above riles supplemented by Code C
Delays to ss.56,58 rights possible where suspect held in connection with an indictable
offence
and there is a risk of danger to evidence/witnesses or if an officer of at least the rank of
inspector authorises it.- can only be delayed for 36 hours
Audio recording for persons cautioned in respect of indictable offences Code C para 10
(suspect can refuse – but this refusal can be overridden if reasonable to do so)
Nb Special rules exist in respect of children and under other laws terrorist suspects
Treatment of Persons in Custody: PACE
S.56:
the right to inform someone, when someone is being held to custody he should be entitled if
he so requests to let one person, family or friend, to be told as soon as practical that he has
been arrested and detained. However, the P can delay this if they can meet some
conditions, (research this) this section has been amended so it doesn’t apply to terrorist
arrests.
S.58:
supported by access to legal advice. This need to be done as soon as practical but
police can delay this for up to 36 hours if those some reasons as in s. 56 can be satisfied.
R v Samuel [1988 ]:
refused to consult officer in case he informed others involved he confessed to two burglaries
but didn’t confess to the robbery, but he was still refused access to a solicitor, he eventually
confessed to robbery n he was charged with this n it was only after this that he was allowed
access to a solicitor. The court quashed Samuel's conviction due to the fact that the police
acted unlawfully in refusing him access to a solicitor
-But see in respect of offence of failure to provide a breath test: Chalupa v CPS (2009) Oct
30
TREATMENT OF DETAINED PERSONS
Search following arrest at police station
o S.54 PACE and also see s.54A allowing search and photographs of 'marks' without
consent
-Possessions will be taken from you
o Fingerprints s.61 PACE: 'recordable offences' (S.I.2000/1139 - includes among
others any offence punishable by imprisonment)
Police can take your fingerprints regardless of whether you give your consent or not
S.117 PACE: police can use a reasonable degree of force to get your fingerprints
o Intimate searches s.55 PACE
