WS1 Police Powers - Preliminaries to Prosecution
Detention
Person arrested must be taken to a station ASAP.
Except when necessary to carry out investigations immediately:
• Being searched;
• Being taken to premises being searched; or
• Being taken to a place to check their alibi.
Person can be taken to any station, unless anticipated they will be detained for more than 6
hours - must be taken to a designated police station.
Instead of being taken to a police station, the person arrested can be granted bail to attend a
police station at a later date. Conditions can be attached to the bail.
When the arrested person arrives at the police station:
• Custody officer must authorise continued detention
• Informed of rights
• Non-intimate samples taken
• See Doc if necessary
• If the detainee requests, speak to a solicitor
• May be interviewed, often with their solicitor present
• After the interview, the detainee may be:
- Released under investigation or on police bail;
- Charged and released on police bail to appear at Mag at a later date; or
- Charged and remanded in police custody to appear at the Mag the following day.
On arrival at station, suspect presented to custody officer ASAP:
• Must be at least a sergeant + not involved in the investigation of the offence
Reason for arrest explained to CO - can authorise detention
Must order release if grounds for detaining have ceased to exist.
Detained/released on their authority
CO not available = another officer - not involved in the investigation
CO first determines if sufficient evidence to charge the detainee.
If not, released unless detention necessary to:
• Secure or preserve evidence; or
• Obtain such evidence by questioning.
If grounds to detain, custody officer will:
• Authorise detention of the suspect;
• Open a custody record;
• Inform detainee of reason for arrest /detention + advise their rights.
CO responsible for welfare of suspect:
• Risk assessment - Special arrangements if physically/mentally incapacitated? Interpreter?
• Deal with detainee’s property.
• Contact Doc if needed
• Responsible for ensuring detainee treated in accordance with Codes of Practice
,Custody record opened ASAP
• The requirement to inform the person of the reason for his arrest
• The circumstances of arrest, why arrest was necessary
• E/t that has happened, been said to or said by detainee
Solicitor should view this - right to view client’s custody record
Review officer must be satisfied ground for detention still exists
Must be officer of at least inspector + not connected with the investigation + not CO
First review = 6 hours or less after detention authorised by CO, then every 9 hours after.
At review, the detainee must be reminded of right to free legal advice + given right to make
representations unless unfit to or asleep.
Max period suspect can be kept in custody = 24 hours from relevant time
Relevant time begins when suspect arrives at station. (n.b. Unless transport to station takes
very long). Relevant time indicated on custody record.
Do not confuse relevant time with time detention is authorised
Before 24 hour limit suspect must be charged or released.
Detention can be extended 12 hours (max period 36 hours)
Authorisation must be before expiry of initial 24 hours but after 2nd review
Grounds for extension explained to suspect and noted in custody record
Suspect /suspect’s solicitor should be allowed opportunity to make reps
At least superintendent must authorise continued detention - reasonable grounds for believing
detention is necessary to secure or preserve evidence or obtain evidence by Qus
Must be an indictable offence
Investigation must be being conducted diligently/expeditiously.
To detain beyond 36 hours must apply to Mag
May authorise detention for further 36 hours on first application, and another 24 hours on a
second application (up to max of 96 hours)
Mag satisfied that there are reasonable grounds for believing detention necessary to secure or
preserve evidence or obtain evidence by questioning;
Must be indictable offence
Investigation being conducted diligently/expeditiously.
Rights of detainee
CO must make sure person arrested or attending station voluntarily, told about their rights
• Right to consult privately with a solicitor and free legal advice available
• Right to have someone informed of arrest
• Right to consult Codes of Practice (COP)
• Circumstances where right to an appropriate adult /interpreter
Custody record records these rights have been given and any response made
Right to free and independent legal advice
Consult with a solicitor in person / on phone
Detainee must be told again of right to free legal advice immediately before:
• Commencement / recommencement of interview
• Asked to provide an intimate sample
• Intimate drug search
• ID parade or VIPER
• If legal advice is declined, noted on custody record
,• Legal advice is sought - must be provided ASAP
• Police should usually await the arrival of a solicitor before interviewing
• Nothing should be done to dissuade the suspect from obtaining legal advice
• Detainee declined legal advice but changes their mind - interview should recommence once
detainee has got legal advice
Power to delay the right to legal advice
Can be delayed max of 36 hours.
Where the grounds are authorised, must be recorded and suspect informed.
If suspect is then interviewed restrictions on drawing adverse inferences at court.
To delay the right:
• Indictable offence
• Granted in writing by at least superintendent – reasonable grounds to believe the exercise of
the right will lead to any or all of:
- Harm to evidence connected with indictable offence;
- Harm to others;
- Alerting other suspects of committing an indictable offence not arrested
- Hinder recovery of property from the offence.
- Person detained for indictable offence has benefited from their criminal conduct - try to
conceal property e.g., move the property outside the jurisdiction
-> Authority to delay only if grounds to believe the solicitor might pass on a message or act
in a way that would lead to these consequences
Not usually justify delaying legal advice generally - suspect can choose alternative solicitor.
The right to have someone informed of the arrest
Can be exercised every time suspect taken to a different station.
Power to delay the right
• Indictable offence (indictable only and either way offence)
• Granted in writing by at inspector - reasonable grounds to believe the exercise of the right
will lead to any or all of:
- Harm to evidence connected with an indictable offence;
- Harm to others;
- Alerting suspects of committing an indictable offence not arrested yet
- Hinder recovery of property obtained in the commission of the offence.
- Person detained for indictable offence and has benefited from their criminal conduct, ie
obtained property they might try to conceal e.g., moving property outside jurisdiction.
Delayed max 36 hours.
Soon as search conducted or other suspects arrested - appointed person should be notified.
The right to an appropriate adult
If a person is, or appears to be, under 18, must have an appropriate adult at station.
Also if suspect may be mentally disordered
AA = parent / guardian
If neither - representative of care authority or a social worker.
Failing these, any person aged 18 or over not in the police
If detainee is mentally disordered, if not fam, s/o who has experience in dealing with it
, Who cannot act as an appropriate adult?
A solicitor/ legal representative attending the station for the suspect should not act as AA
Person cannot act as AA if:
• Suspected of involvement in the offence
• The victim/witness to the offence
• Involved in investigation
• heard admissions from detainee before acting as AA
• Low IQ – cant understand seriousness of situation
• Estranged parent juvenile objects to attending.
AA should - ensure detainee understands what’s happening + being treated fairly
AA can request a solicitor/ legal representative on behalf of detainee
Detainee does not have to see the solicitor if they do not want to
Young / mentally disordered / vulnerable detainee should not be interviewed or asked to
provide a written statement without the presence of AA unless delay would likely to lead to:
• Interference with or harm to evidence connected with an offence;
• Interference with or physical harm to other people;
• Serious loss of or damage to property;
• Alerting other suspects not yet arrested; or
• Hindering the recovery of property obtained in commission of the offence.
If custody officer has determined suspect requires interpreter, suspect must not be
interviewed without interpreter
Unless authorised by superintendent or above who is satisfied delaying the interview will
lead to:
• Interference with, or harm to, evidence; or
• Interference with or physical harm to other people; or
• Serious loss of, or damage to, property.
Interviews
Cautioned at beginning of an interview and after any break
Caution = “you do not have to say a/t…”
Police station process for Detainee:
• See CO - authorise continued detention.
• Informed of rights.
• Non-intimate samples.
• See Doc if necessary.
• Speak to legal representative if requested
• Interviewed
• May be:
- Released under investigation or on bail, after interview; or
- Charged and released on police bail to appear at Mag; or
- Charged and remanded in police custody to appear at Mag following day.
Detention
Person arrested must be taken to a station ASAP.
Except when necessary to carry out investigations immediately:
• Being searched;
• Being taken to premises being searched; or
• Being taken to a place to check their alibi.
Person can be taken to any station, unless anticipated they will be detained for more than 6
hours - must be taken to a designated police station.
Instead of being taken to a police station, the person arrested can be granted bail to attend a
police station at a later date. Conditions can be attached to the bail.
When the arrested person arrives at the police station:
• Custody officer must authorise continued detention
• Informed of rights
• Non-intimate samples taken
• See Doc if necessary
• If the detainee requests, speak to a solicitor
• May be interviewed, often with their solicitor present
• After the interview, the detainee may be:
- Released under investigation or on police bail;
- Charged and released on police bail to appear at Mag at a later date; or
- Charged and remanded in police custody to appear at the Mag the following day.
On arrival at station, suspect presented to custody officer ASAP:
• Must be at least a sergeant + not involved in the investigation of the offence
Reason for arrest explained to CO - can authorise detention
Must order release if grounds for detaining have ceased to exist.
Detained/released on their authority
CO not available = another officer - not involved in the investigation
CO first determines if sufficient evidence to charge the detainee.
If not, released unless detention necessary to:
• Secure or preserve evidence; or
• Obtain such evidence by questioning.
If grounds to detain, custody officer will:
• Authorise detention of the suspect;
• Open a custody record;
• Inform detainee of reason for arrest /detention + advise their rights.
CO responsible for welfare of suspect:
• Risk assessment - Special arrangements if physically/mentally incapacitated? Interpreter?
• Deal with detainee’s property.
• Contact Doc if needed
• Responsible for ensuring detainee treated in accordance with Codes of Practice
,Custody record opened ASAP
• The requirement to inform the person of the reason for his arrest
• The circumstances of arrest, why arrest was necessary
• E/t that has happened, been said to or said by detainee
Solicitor should view this - right to view client’s custody record
Review officer must be satisfied ground for detention still exists
Must be officer of at least inspector + not connected with the investigation + not CO
First review = 6 hours or less after detention authorised by CO, then every 9 hours after.
At review, the detainee must be reminded of right to free legal advice + given right to make
representations unless unfit to or asleep.
Max period suspect can be kept in custody = 24 hours from relevant time
Relevant time begins when suspect arrives at station. (n.b. Unless transport to station takes
very long). Relevant time indicated on custody record.
Do not confuse relevant time with time detention is authorised
Before 24 hour limit suspect must be charged or released.
Detention can be extended 12 hours (max period 36 hours)
Authorisation must be before expiry of initial 24 hours but after 2nd review
Grounds for extension explained to suspect and noted in custody record
Suspect /suspect’s solicitor should be allowed opportunity to make reps
At least superintendent must authorise continued detention - reasonable grounds for believing
detention is necessary to secure or preserve evidence or obtain evidence by Qus
Must be an indictable offence
Investigation must be being conducted diligently/expeditiously.
To detain beyond 36 hours must apply to Mag
May authorise detention for further 36 hours on first application, and another 24 hours on a
second application (up to max of 96 hours)
Mag satisfied that there are reasonable grounds for believing detention necessary to secure or
preserve evidence or obtain evidence by questioning;
Must be indictable offence
Investigation being conducted diligently/expeditiously.
Rights of detainee
CO must make sure person arrested or attending station voluntarily, told about their rights
• Right to consult privately with a solicitor and free legal advice available
• Right to have someone informed of arrest
• Right to consult Codes of Practice (COP)
• Circumstances where right to an appropriate adult /interpreter
Custody record records these rights have been given and any response made
Right to free and independent legal advice
Consult with a solicitor in person / on phone
Detainee must be told again of right to free legal advice immediately before:
• Commencement / recommencement of interview
• Asked to provide an intimate sample
• Intimate drug search
• ID parade or VIPER
• If legal advice is declined, noted on custody record
,• Legal advice is sought - must be provided ASAP
• Police should usually await the arrival of a solicitor before interviewing
• Nothing should be done to dissuade the suspect from obtaining legal advice
• Detainee declined legal advice but changes their mind - interview should recommence once
detainee has got legal advice
Power to delay the right to legal advice
Can be delayed max of 36 hours.
Where the grounds are authorised, must be recorded and suspect informed.
If suspect is then interviewed restrictions on drawing adverse inferences at court.
To delay the right:
• Indictable offence
• Granted in writing by at least superintendent – reasonable grounds to believe the exercise of
the right will lead to any or all of:
- Harm to evidence connected with indictable offence;
- Harm to others;
- Alerting other suspects of committing an indictable offence not arrested
- Hinder recovery of property from the offence.
- Person detained for indictable offence has benefited from their criminal conduct - try to
conceal property e.g., move the property outside the jurisdiction
-> Authority to delay only if grounds to believe the solicitor might pass on a message or act
in a way that would lead to these consequences
Not usually justify delaying legal advice generally - suspect can choose alternative solicitor.
The right to have someone informed of the arrest
Can be exercised every time suspect taken to a different station.
Power to delay the right
• Indictable offence (indictable only and either way offence)
• Granted in writing by at inspector - reasonable grounds to believe the exercise of the right
will lead to any or all of:
- Harm to evidence connected with an indictable offence;
- Harm to others;
- Alerting suspects of committing an indictable offence not arrested yet
- Hinder recovery of property obtained in the commission of the offence.
- Person detained for indictable offence and has benefited from their criminal conduct, ie
obtained property they might try to conceal e.g., moving property outside jurisdiction.
Delayed max 36 hours.
Soon as search conducted or other suspects arrested - appointed person should be notified.
The right to an appropriate adult
If a person is, or appears to be, under 18, must have an appropriate adult at station.
Also if suspect may be mentally disordered
AA = parent / guardian
If neither - representative of care authority or a social worker.
Failing these, any person aged 18 or over not in the police
If detainee is mentally disordered, if not fam, s/o who has experience in dealing with it
, Who cannot act as an appropriate adult?
A solicitor/ legal representative attending the station for the suspect should not act as AA
Person cannot act as AA if:
• Suspected of involvement in the offence
• The victim/witness to the offence
• Involved in investigation
• heard admissions from detainee before acting as AA
• Low IQ – cant understand seriousness of situation
• Estranged parent juvenile objects to attending.
AA should - ensure detainee understands what’s happening + being treated fairly
AA can request a solicitor/ legal representative on behalf of detainee
Detainee does not have to see the solicitor if they do not want to
Young / mentally disordered / vulnerable detainee should not be interviewed or asked to
provide a written statement without the presence of AA unless delay would likely to lead to:
• Interference with or harm to evidence connected with an offence;
• Interference with or physical harm to other people;
• Serious loss of or damage to property;
• Alerting other suspects not yet arrested; or
• Hindering the recovery of property obtained in commission of the offence.
If custody officer has determined suspect requires interpreter, suspect must not be
interviewed without interpreter
Unless authorised by superintendent or above who is satisfied delaying the interview will
lead to:
• Interference with, or harm to, evidence; or
• Interference with or physical harm to other people; or
• Serious loss of, or damage to, property.
Interviews
Cautioned at beginning of an interview and after any break
Caution = “you do not have to say a/t…”
Police station process for Detainee:
• See CO - authorise continued detention.
• Informed of rights.
• Non-intimate samples.
• See Doc if necessary.
• Speak to legal representative if requested
• Interviewed
• May be:
- Released under investigation or on bail, after interview; or
- Charged and released on police bail to appear at Mag; or
- Charged and remanded in police custody to appear at Mag following day.
