Blackstone's Custody Officers' Manual

Name: Blackstone's Custody Officers' Manual
Brand: OUP eBook
Price: 53.49 EUR
Availability: OnlineOnly

Huw Smart(Autor*in)

OUP eBook (Verlag)

5. Auflage

Erschienen am 13. November 2013

448 Seiten

E-Book

PDF mit Adobe-DRM

Systemvoraussetzungen

978-0-19-150402-0 (ISBN)

53,49 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Person

Inhalt

Cover
Blackstone's: Custody Officers' Manual
Copyright
Preface
Acknowledgements
Contents
Table of PACE Codes of Practice
Special Features
Indexing
Legislative provisions
Case law
Keynotes
Tables
Case studies
Summing-up boxes
Local procedures boxes
The Human Rights Act 1998
Appendix-Flow charts
1: The Role of the Custody Officer
1.1 Introduction
The Human Rights Act 1998
1.2 Leadership and Decision Making
1.3 Responsibility and Liability
1.3.1 Legislative provisions
1.3.2 Responsibility
The Equality Act 2010
1.3.3 Liability
The Corporate Manslaughter and Corporate Homicide Act 2007
1.3.4 Handover procedures
1.4 Designated and Non-Designated Police Stations
1.4.1 Legislative provisions
1.4.2 Designated police stations
1.4.3 Non-designated police stations
1.5 Appointment of Custody Officers
1.5.1 Legislative provisions
1.5.2 Who should be appointed?
1.6 Designated Persons
1.6.1 Legislative provisions
1.6.2 The Police Reform Act 2002
1.6.3 Powers given to detention Officers
1.7 Custody Officers and Impartiality
1.7.1 Legislative provisions
1.7.2 Impartial investigation
1.7.3 Custody officers at non-designated police stations
1.8 Explaining the Term 'At Variance'
1.8.1 Legislative provisions
1.8.2 Custody officers' authority
1.9 Summing Up
Responsibility
Designated and non-designated police stations
Appointment of custody Officers
Designated persons
Impartiality
'At variance'
2: Detainees-Initial Action
2.1 Introduction
Human Rights Act 1998
2.2 Accepting Custody of a Detainee
2.2.1 Legislative provisions
2.2.2 'At a police station'
2.2.3 Initial action by custody officer
1. Why is the person here?
2. Was he/she lawfully detained?
3. Was the arrest necessary?
2.3 The Custody Record
2.3.1 Legislative provisions
2.3.2 Opening the custody record
2.3.3 Recording the decision in presence of the detainee
2.4 What Else Must be Recorded on the Custody Record?
2.4.1 Legislative provisions
2.4.2 Requirement to inform the person of the reason for the arrest
2.4.3 Recording the circumstances of the arrest
2.4.4 Recording why the arrest was necessary
2.4.5 Recording comments made by the arrested person
2.5 Detainee's Entitlements-Initial Action
2.5.2 Initial considerations relating to the detainee's rights
2.5.1 Legislative provisions
2.5.3 Signatures
2.6 Delay in Updating the Custody Record
2.6.1 Legislative provisions
2.6.2 Reasonable delay
2.7 Transferring Detainees
2.7.1 Legislative provisions
2.7.2 Transferring to another station
2.7.3 Accepting a detainee from another police station
2.7.4 Transferring a detainee to court
2.8 Summing Up
The 'seven questions'
Written record in presence of detainee
Recording comments in the custody record
Delay in recording entries in the custody record
Transfer of detainee to another police station
3: Safer Detention
3.1 Introduction
3.2 Duties of the Independent Police Complaints Commission (IPCC) relating to Deaths In or Following Police Custody
3.2.1 IPCC investigations
3.2.2 IPCC reporting
3.2.3 IPCC facts and figures
3.3 Duties of Custody Officers Relating to Deaths In or Following Police Custody
3.3.1 Initial actions following a successful intervention
3.3.2 Initial actions following a death in police detention
3.4 The 'Cell Environment'
3.4.1 Reducing opportunities for self-harm
3.5 Risk Assessments
3.5.1 Legislative provisions
3.5.2 Initial assessment
3.6 Suicide and Self-Harm
3.6.1 Recognizing 'at risk' detainees
1. Ligature points
2. The Human Rights Act 1998
3. Non-medically qualified persons 'copying' doctors' notes into custody records
4. Liaison between the Prison Service and the police service
3.7 Health and Safety in the Custody Offi ce
3.8 Summing Up
Deaths in police custody
Risk assessments
Recognizing 'at risk' detainees
Health and Safety
4: Clinical Treatment and Attention
4.1 Introduction
The Human Rights Act 1998
4.2 Identifying Medical Issues
4.3 Clinical Treatment
4.3.1 Legislative provisions
4.3.2 When the custody officer recognizes medical attention is required
4.3.3 When the detainee requests medical attention
4.4 Medication
4.4.1 Legislative provisions
4.4.2 Administering medication
4.4.3 Documentation
4.4.4 Other matters
4.5 Alcohol and Drugs
4.5.1 Unfit to be detained
4.5.2 Drunk and incapable
4.5.3 Under the infl uence of alcohol or drugs
4.5.4 Additional risks associated with drugs
4.5.5 Effect of alcohol and drugs in deaths in or following police detention
4.6 Condition of the Detainee
4.6.1 Legislative Provisions
4.6.2 Acute behavioural disturbance
4.6.3 Diabetes and other serious medical conditions
4.6.4 Positional asphyxia
4.6.5 Excited Delirium
4.6.6 CS spray and other incapacitants
4.6.7 Use of Taser Conductive Energy Device
4.7 Protecting Custody Staff from Risk
4.8 Summing Up
Identifying medical issues
Clinical treatment
Medication
5: Conditions of Detention
5.1 Introduction
Human Rights Act 1998
5.2 Cells and Detention Rooms
5.2.1 Conditions of detention
5.2.2 Cell sharing
5.2.3 Heating and lighting
5.2.4 Toilets and washing facilities
5.3 Restraint and Conflict Management
5.3.1 Legislative provisions
5.3.2 Additional restraints
5.3.3 Cell relocation
5.4 Welfare Issues
5.4.1 Legislative provisions
5.4.2 Blankets and bedding
5.4.3 Clothing
5.4.4 Meals and refreshments
5.4.5 Exercise
5.5 Juveniles and Cells
5.5.1 Legislative provisions
5.5.2 Juveniles in cells and cell sharing
5.6 Monitoring, Observation, and Engagement
5.6.1 Legislative provisions
5.6.2 Observation levels
Level 1-General Observation
Level 2-Intermittent Observation
Level 3-Constant Observation
Level 4-Close Proximity
5.6.3 Rousing
5.6.4 Rest periods
5.7 Independent Custody Visitors
5.7.1 The custody officer's duties
5.7.2 Access to detainees
5.7.3 Custody records
5.8 Summing Up
Cells and detention rooms
Additional restraints
Clothing
Meals and refreshments
Juveniles and cells
Monitoring, observation, and engagement
Rousing
Independent custody visitors
6: The Detainee's Entitlements
6.1 Introduction
6.2 What the Detainee Must be Told
6.2.1 Legislative provisions
6.2.2 Detainee to be made aware of rights
6.3 Right to have Someone Notifi ed when Arrested
6.3.1 Legislative provisions
6.3.2 Informing the detainee
6.4 Delay in Notifi cation of Arrest (Incommunicado)
6.4.1 Legislative provisions
6.4.2 Authorization for delay of right to notifi cation of arrest
6.4.3 Authorization in writing as soon as practicable
6.5 Other Entitlements
6.5.1 Legislative provisions
6.5.2 Telephone calls and writing materials
6.5.3 Delaying or denying access to telephone calls and writing materials
6.5.4 Visits
6.6 Citizens who are Foreign Nationals
6.6.1 Legislative provisions
6.6.2 Custody procedure
6.7 Access to Legal Representation
6.7.1 Legislative provisions
6.7.2 Detainees to be informed of the right to consult with a solicitor
6.7.3 Acting without delay to obtain legal advice
6.7.4 Obtaining legal advice
6.7.5 Consultation to be in private
6.8 Delay in Access to Legal Advice
6.8.1 Legislative provisions
6.8.2 Authorization for delay in access to legal advice
6.8.3 Detainee's rights
6.9 Interviews Without a Solicitor being Present
6.9.1 Legislative provisions
6.9.2 Superintendent's authority for 'urgent' or 'safety' interviews
6.9.3 Confl ict of interest
6.9.4 Inspector's authority
Change of mind
6.10 Inferences from Silence
6.11 Summing Up
What the detainee must be told
Right to have someone informed when arrested
Delay in notifi cation of arrest (incommunicado)
Other entitlements
Citizens who are foreign nationals
Access to legal representation
Delay in access to legal advice
Urgent interviews
When a solicitor has been contacted and is not available
Change of mind about legal advice
Inferences from silence
7: Vulnerable People and Appropriate Adults
7.1 Introduction
7.2 Detained Persons-Special Groups
7.3 Appropriate Adults-General Issues
7.3.1 Legislative provisions
7.3.2 Who may act as appropriate adult?
7.3.3 Who may not act as appropriate adult?
7.4 Contacting the Appropriate Adult
7.4.1 Legislative provisions
7.4.2 The appropriate adult's role
7.5 Vulnerable Detainees Held Incommunicado
7.5.1 Legislative provisions
7.5.2 Juveniles held incommunicado
7.6 Legal Advice
7.6.1 Legislative provisions
7.6.2 Decision to contact a solicitor
7.7 Interviews
7.7.1 Legislative provisions
7.7.2 'Urgent' or 'safety' interviews
7.8 Charging the Detainee
7.8.1 Legislative provisions
7.8.2 Presence of an appropriate adult at the point of charge
7.9 Bail
7.9.1 Legislative provisions
7.10 Specifi c Matters Affecting Juvenile Detainees
7.10.1 Legislative provisions
7.10.2 Appropriate adults for juvenile detainees
7.11 Specifi c Matters Affecting Vulnerable Adults
7.11.1 Legislative provisions
7.11.2 When an appropriate adult should be called
7.11.3 Appropriate adults for adult detainees
7.12 Mental Health Act 1983
7.12.1 Legislative provisions
7.12.2 Place of safety
7.12.3 Assessing the detainee
7.12.4 Transferring the detainee
7.13 Other Vulnerable Detainees
7.13.1 Legislative provisions
7.13.2 Appropriate adults
7.13.3 Interpreters
7.13.4 Interview procedures
7.13.5 Who may act as an interpreter?
7.14 Summing Up
Who may not act as appropriate adult?
Contacting the appropriate adult
Vulnerable detainees held incommunicado
Legal advice
Interviews
Charging the detainee
Bail
Appropriate adults for juvenile detainees
Specifi c matters affecting vulnerable adults
The Mental Health Act 1983
Interpreters
8: Dealing with Property and Searching
8.1 Introduction
Human Rights Act 1998
8.2 Recording Property
8.2.1 Legislative provisions
8.2.2 Ascertaining and recording property
8.3 Seizing Property
8.3.1 Legislative provisions
8.3.2 What may be seized?
8.3.3 Personal effects
8.3.4 Standard of belief
8.4 Searching Detainees
8.4.1 Legislative provisions
8.4.2 Power to search
8.4.3 Establishing the gender of persons for the purpose of searching
8.4.4 Reasonable force
8.4.5 Continuing responsibility to search
8.5 The Extent of the Search
8.6 Routine Search
8.7 Strip Search
8.7.1 Legislative provisions
8.7.2 Authorization to conduct a strip search
8.7.3 Conduct of strip searches
8.7.4 Custody record
8.8 Intimate Search
8.8.1 Legislative provisions
8.8.2 Authorization to conduct an intimate search
8.8.3 Use of force to conduct an intimate search
8.8.4 Information to be given to detainee
8.8.5 Conduct of intimate searches
8.8.6 Documentation in respect of intimate searches
8.9 Intimate Searches of Vulnerable People
8.10 X-rays and Ultrasound Scans
8.10.1 Legislative provisions
8.10.2 Authorization for x-rays and ultrasound scans
8.10.3 Information to be given to detainee
8.10.4 Conduct of x-rays and ultrasound scans
8.10.5 Documentation required in respect of x-rays and ultrasound scans
8.11 Extended Detention of Suspected Drug Offenders
8.11.1 Legislative provisions
8.11.2 Application to the magistrates' court
8.11.3 Decisions to charge and refuse bail
8.11.4 Making the application to the magistrates' court
8.11.5 When the application has been granted-custody matters
8.11.6 Continuing health risks
8.12 Summing Up
Recording property
What may be seized?
Extent of search
9: Warrants
9.1 Introduction
The Human Rights Act 1998
9.2 Warrants for Failing to Appear
9.2.1 Arrested on warrant and then found to be wanted for other offences
9.2.2 Arrested for an offence and then found to be wanted on warrant
9.2.3 Warrants for failing to appear in Crown Court ('bench warrants')
9.3 Warrants to Detain in Police Custody ('Three Day Lie Down')
9.3.1 Legislative provisions
9.3.2 Period of detention
9.3.3 Reviewing detention
9.4 Detainees Produced from Prison ('Production Orders')
9.5 Summing Up
Arrested on warrant and found to be wanted for other offences
Arrested for an offence and found to be wanted on warrant
Warrants to detain in police custody ('three day lie down')
10: Reviews and Relevant Time
10.1 Introduction
The Human Rights Act 1998
10.2 The Detention Clocks
10.2.1 Detention clock
10.2.2 Review clock
10.3 Reviews
10.3.1 Legislative provisions
10.3.2 Review Officers
10.4 What is a Review?
10.4.1 Legislative provisions
10.4.2 Periodic reviews
10.4.3 Section 40
10.4.4 Section 34
10.5 Review officer's Checklist
10.5.1 Enquire into the reasons for detention
10.5.2 Determine if there is suffi cient evidence to charge
10.5.3 Determine whether detention is still necessary
10.5.4 Remind the detainee of entitlement to free legal advice
10.5.5 Allow representations to be made
10.5.6 Note any comment made
10.5.7 Record the decision
10.5.8 Telephone reviews
Review officer's decision
Documentation
10.6 Who Should be Reviewed?
10.6.1 Legislative provisions
10.6.2 In police detention
10.6.3 Subject to the investigation of an offence
10.6.4 Persons not in police detention
10.7 Timing of Reviews
10.7.1 Legislative provisions
10.7.2 Reviews brought forward
10.7.3 Delays to reviews
Section 40(4)(a)-When it is not practicable to carry out the review
Section 40(4)(b)(i)-Interruption of questioning
Section 40(4)(b)(ii)-No review officer is readily available
10.8 Reviewing Detainees who are Unfit to be Dealt With
10.8.1 Legislative provisions
10.8.2 Determining that the detainee is unfit
10.9 Relevant Time Discussed in Depth
10.9.1 Legislative provisions
10.10 Answering Police Bail
10.10.1 Legislative provisions
10.10.2 Detention clock
10.10.3 When the person answers bail
10.10.4 When the person fails to answer bail
10.10.5 When the person is arrested before answering bail
10.10.6 Reviewing detainees released on bail
10.11 Summing Up
Relevant time
'Detention Clock' and 'Review Clock'
Reviews (s. 40)
Review officer
Timing of reviews (s. 40)
Delays to reviews
Persons not in police detention
Persons answering police bail
11: Extending Detention
11.1 Introduction
The Human Rights Act 1998
11.2 Superintendent's Authority (s. 42)
11.2.1 Legislative provisions
11.2.2 Granting the application
11.2.3 Timing of the application
11.2.4 Detainee's rights
11.2.5 Deferred bail
11.3 Warrants of Further Detention (s. 43)
11.3.1 Legislative provisions
11.3.2 Applying for warrant of further detention
11.3.3 Timing of the application
11.3.4 Where an application has been refused
11.4 Extension to Warrant of Further Detention (s. 44)
11.4.1 Applying for an extension
11.4.2 Timing of the application
11.4.3 Where an application has been refused
11.5 Review Officer's Responsibility
11.6 Summing Up
Superintendent's authorization (s. 42)
Timing of the application
Warrants of further detention (s. 43)
Extension to a warrant of further detention (s. 44)
Reviews
12: Identification and Samples
12.1 Introduction
The Human Rights Act 1998
12.2 Fingerprints
12.2.1 Legislative provisions
12.2.2 Taking fingerprints without consent
12.2.3 Power to re-take fingerprints
12.2.4 Taking fingerprints when a person has been convicted
12.2.5 Where the person's identity is in doubt
12.2.6 Other powers to take fingerprints
12.3 Taking Fingerprints Away from the Police Station
12.3.1 Legislative provisions
12.3.2 Authority to take fi ngerprints
12.4 Taking Footwear Impressions
12.4.1 Legislative provisions
12.4.2 Obtaining footwear impressions
12.4.3 Information to be given to detainee
12.5 Examination to Establish Identity
12.5.1 Legislative provisions
12.5.2 Persons involved in the commission of an offence
12.5.3 Establishing identity
12.6 Photographing Suspects
12.6.1 Legislative provisions
12.6.2 Photographing suspects away from the station
12.6.3 Authority to take photographs
12.6.4 Taking photographs without consent
12.6.5 Information to be given
12.6.6 Documentation
12.7 Intimate Samples
12.7.1 Legislative provisions
12.7.2 Intimate samples defined
12.7.3 Authorization to obtain an intimate sample
12.7.4 Obtaining the appropriate consent
12.7.5 Written record
12.7.6 Obtaining an intimate sample
12.8 Non-Intimate Samples
12.8.1 Legislative provisions
12.8.2 Non-intimate samples defined
12.8.3 Other powers to obtain non-intimate samples without consent
12.8.4 Custody record
12.8.5 Obtaining a non-intimate sample
12.9 Vulnerable People
12.9.1 Legislative provisions
12.9.2 Appropriate consent
12.10 Testing for Presence of Class A Drugs
12.10.1 Legislative provisions
12.10.2 Notification to police forces by the Secretary of State
12.10.3 Categorizing detainees
12.10.4 Arrest condition (Code C, para. 17.3)
12.10.5 Charge condition (Code C, para. 17.4)
12.10.6 Age condition (Code C, para. 17.5)
12.10.7 Information to be given to the detainee
12.10.8 Obtaining the sample
12.10.9 Action after the sample has been taken
12.10.10 When the test is positive
12.10.11 Restriction on Bail
12.11 Summing Up
Fingerprints
Taking fi ngerprints away from the police station
Taking footwear impressions
Examination to establish identity
Photographing suspects
'Intimate sample'
Authorization for intimate sample
Refusal to provide intimate sample
'Non-intimate sample'
Consent-non-intimate sample
Vulnerable people
Testing for presence of Class A Drugs
Restriction on bail
13: Dealing with Legal Representatives
13.1 Introduction
13.2 Who May Act as a 'Solicitor'?
13.2.1 Legislative provisions
13.2.2 Solicitors
13.2.3 Accredited representatives
13.2.4 Probationary representatives
13.2.5 Exclusion of accredited and probationary representatives
13.3 Understanding the Role of Solicitors
13.3.1 Legislative provisions
13.3.2 'Them and us'
13.3.3 The solicitor's objectives
13.4 Access to the Custody Record
13.4.1 Legislative provisions
13.4.2 When access to custody records must be given
13.5 Initial Disclosure to Solicitors
13.5.1 Information to be given
13.6 The Solicitor's Role in an Interview
13.6.1 Legislative provisions
13.7 Removing a Solicitor from an Interview
13.7.1 Legislative provisions
13.7.2 When to remove a solicitor from an interview
13.8 Objections to Charging and Remanding Suspects
13.9 Summing Up
Who may act as a 'solicitor'
Legal representatives
Exclusion from the police station
Understanding the role of solicitors
Access to the custody record
The solicitor's role in an interview
Conduct of the solicitor in an interview
14: Charging Suspects
14.1 Introduction
14.2 Making the Decision to Charge the Suspect
14.2.1 Legislative provisions
14.2.2 Duties of the investigating officer
14.2.3 Duties of the police under the
14.2.4 Duties of the police under the Director's Guidance
14.2.5 Duties of prosecutors under the Director's Guidance
14.2.6 Decision to charge
14.2.7 Police and CPS charging decisions
14.2.8 Early investigative advice
14.2.9 Emergency cases-expiry of PACE time limits
14.2.10 Police compliance and management review of decisions
14.3 Alternative Options to Charging the Suspect
14.3.1 Decision to charge
14.3.2 Application by the police of out-of-court disposals
14.3.3 Reprimands for young offenders
14.3.4 Final warnings for young offenders
14.3.5 Conditional cautions for young offenders
14.3.6 Conditional cautions for adult offenders
14.3.7 Written charges
14.4 Charging and Cautioning the Suspect
14.4.1 Legislative provisions
14.4.2 Written notice
14.4.3 The caution
14.5 Written Statements
14.5.1 Legislative provisions
14.5.2 Disclosing written statements
14.6 Interviews after Charge
14.6.1 Legislative provisions
14.6.2 When the detainee may be interviewed
14.7 The Detainee's Responses to Charge
14.7.1 Responses after charge
14.7.2 Prepared statement
14.8 Vulnerable Detainees
14.9 Summing Up
The investigating officer's responsibilities
Custody Officers as decision-makers
Police charging decisions
CPS charging decisions
Charging the suspect
Written statements
Interviews after charge
Prepared statements
15: Continued Detention After Charge
15.1 Introduction
15.2 Detention after Charge
15.2.1 Legislative provisions
15.2.2 The custody officer's duties
15.2.3 When the name and address cannot be ascertained
15.2.4 When the detainee may fail to appear at court
15.2.5 When detention is necessary to prevent a further offence
15.2.6 When detention is necessary to prevent injury, loss, or damage
15.2.7 To prevent interference with the administration of justice
15.2.8 For the detainee's own protection
15.2.9 The Human Rights Act 1998
15.3 Restriction on Granting Bail
15.3.1 Legislative provisions
15.3.2 Authorizing continued detention
15.4 Other Matters Affecting Refusal of Bail
15.4.1 Legislative provisions
15.4.2 Written records
15.4.3 Reviews after charge
15.5 Attendance at Court
15.5.1 Legislative provisions
15.5.2 Requirement to take the detainee to court
15.5.3 Delay in taking the detainee to court
15.6 Juvenile Detainees
15.6.1 Legislative provisions
15.6.2 Additional grounds for detaining juveniles
15.6.3 Release of juvenile detainees to local authority care
Impracticable to do so
So what does impracticable mean?
Secure accommodation/Risk of serious harm
So what is secure accommodation?
When will the public be at risk of serious harm?
Juveniles under 12 years of age
15.6.4 Other matters relating to juvenile detainees
Appearance in court
Written record
Juveniles arrested for breaching bail or for failing to appear in court
15.7 Summing Up
Detention after charge
The Human Rights Act 1998
Restriction on granting bail
Attendance at court
Additional grounds for detaining juveniles
Release of juvenile detainees to local authority care
16: Bail
16.1 Introduction
16.2 Granting Bail
16.2.1 Legislative provisions
16.2.2 Bail in criminal proceedings
16.2.3 Power to grant bail
16.3 Bail to Appear at a Police Station
16.3.1 Legislative provisions
16.3.2 Detainees released on deferred bail
16.3.3 Powers of arrest for persons released on deferred bail
16.3.4 Custody records
16.4 Bail to Appear in Court
16.4.1 Legislative provisions
16.4.2 Arranging a court appearance
16.5 Conditional Bail
16.5.1 Legislative provisions
16.5.2 Powers to grant conditional bail
16.5.3 Doorstepping powers
16.5.4 When a custody officer cannot grant conditional bail
16.5.5 Varying or changing bail conditions
16.5.6 Failing to comply with bail conditions
16.5.7 Criminal offences
16.6 Failing to Surrender to Custody
16.6.1 Legislative provisions
16.6.2 Offence of failing to surrender to custody
16.6.3 Failing to appear in court
16.6.4 Additional power of arrest
16.7 Bail Elsewhere than at a Police Station
16.7.1 Legislative provisions
16.7.2 Considerations in using 'street bail'
16.7.3 Bail notice
16.7.4 Bail conditions
16.7.5 Variation of bail conditions
16.7.6 Powers of arrest
16.8 'Live-link' Bail
16.8.1 Live-link hearings
16.8.2 Police powers
16.9 Sureties and Security
16.9.1 Legislative provisions
16.9.2 Sureties
16.9.3 Taking sureties
16.9.4 Failing to surrender when subject of a surety
16.9.5 Security
16.10 Summing Up
Failure to appear when released on deferred bail
Re-arrest of detainee released on deferred bail
When a person either answers bail as directed, or fails to answer bail
Granting conditional bail
Bail conditions that may only be granted by courts
Varying bail conditions
Power to arrest a person released on bail with conditions
Taking a detainee to court who has been arrested for breach of bail conditions
Failure to give bail form
Power to arrest a person who is not likely to appear in court
Bail elsewhere than at a police station ('street bail')
'Live-link' bail
Sureties
17: Terrorism Act 2000 Detainees
17.1 Introduction
The Human Rights Act 1998
17.2 Custody Offi ces, Custody Officers, and Evidence Gathering
17.3 Defining 'Terrorism' and 'Terrorists'
17.4 Entitlements
17.4.1 Legislative provisions
17.4.2 Private access to a solicitor
17.4.3 Delaying entitlements
17.5 Reviews
17.5.1 Legislative provisions
17.5.2 Review officer
17.5.3 Timing of reviews
17.5.4 Grounds for continued detention
17.5.5 Hearing representations
17.6 Extending Detention
17.6.1 Legislative provisions
17.6.2 Basic period of detention
17.7 Warrants of Further Detention
17.7.1 Legislative provisions
17.7.2 Application for a warrant of further detention
17.7.3 Notice of rights
17.7.4 Timing of the application
17.7.5 Court hearings
17.8 Detention Beyond 14 days
17.8.1 Legislative provisions
17.8.2 Provisions for further extending detention
17.8.3 Implementing the temporary legislation
17.9 Transfer of Persons Detained Beyond 14 Days to Prison
17.9.1 Legislative provisions
17.9.2 Transferring the detainee
17.10 Charging and Post-charge Questioning
17.10.1 Legislative provisions
17.10.2 Charging
17.10.3 Application for post-charge questioning
17.10.4 Interviewing the detainee
17.10.5 Matters affecting police detention
17.11 Identification and Samples
17.12 Documentation
17.13 Summing Up
Entitlements
Reviews
Extending detention
Detention beyond 14 days
Transfer of persons detained beyond 14 days to prison
Post-charge questioning
Identification and samples
18: Interviewing
18.1 Introduction
18.2 The Role of the Custody officer
18.2.1 Legislative provisions
18.2.2 The custody officer as a manager
18.3 Fitness to be Interviewed
18.3.1 Legislative provisions
18.3.2 Initial consultation
18.3.3 Interviewing vulnerable suspects
18.4 Annex G
18.4.1 Legislative provisions
18.4.2 Assessing the detainee
18.4.3 The role of the healthcare professional
18.5 Rest Periods
18.5.1 Legislative provisions
18.5.2 Continuous period of rest
18.5.3 Further interruption of rest periods
18.6 Other Matters Concerning Interviews
18.6.1 Legislative provisions
18.6.2 Consent to interview
18.6.3 Welfare issues relating to interviews
18.6.4 Documentation relating to interviews
18.7 Summing Up
Fitness to be interviewed
Interviewing vulnerable suspects
The role of the healthcare professional
Rest periods
Cell interviews
Appendix: Flow Charts
1. National Decision Model (NDM)
2. Taking an Arrested Person to a Non-Designated Police Station
3. Sufficient Evidence to Charge (s. 37(7))
4. When Medical Attention Should be Arranged
5. Delay in Notification of Arrest/Access to Solicitor (Annex B)
6. Authorizing an Intimate Search
7. X-rays and Ultrasound Scans
8. Superintendent's Authority to Extend Detention (s. 42)
9. Warrant of Further Detention (s. 43)
10. Extension to Warrant of Further Detention (s. 44)
11. Taking Fingerprints Without Consent (s. 61)
12. Testing for Presence of Class A Drugs (s. 63B)
13. Transfer of Juvenile Detainees to Local Authority Care (s. 38(6))
14. Transfer of Persons Detained under TACT to Prisons (Code H, ANNEX J)
15. Fitness to be Interviewed (Code C, para. 11.18(b))
Index

Systemvoraussetzungen

Als PDF speichern Als Link merken