custody

POWERS OF CUSTODIAL DETENTION

The police have powers, set out in Part IV and Part V of the Police and Criminal Evidence Act 1984 (PACE), to detain those they have arrested on suspicion of a crime. Once detained and placed in custody the police have powers to question suspects and collect their biometric information. The information collected during detention helps the police determine whether a suspect should be charged with a criminal offence.

Any person arrested should typically be transported and booked into custody while reports are written or investigations/questioning takes place.

THE OBJECTIVE/OUTCOMES OF CUSTODIAL DETENTION

When booking someone into custody after they have been arrested/detained you should be aiming for one of the following:

To charge the suspect (taken to prison, given a fine, etc.) or issued an ‘out of court disposal’ (i.e. pay all your fines).
Release the suspect on pre-charge bail.
Release the suspect under investigation.
Release the suspect with no further action (If it cannot be proven the suspect has committed an offence). The police should give written notice to the person confirming that they are no longer suspected of a crime, (this can be done via text message but is not required in cases where the suspect does not wish to provide their phone number or does not request this written notice).

SUSPECT'S RIGHTS WHILE IN CUSTODY

When someone is booked into custody they have the following rights and you must ensure that you read them to them once you have placed them in custody. If they wish to exercise any of them, you must legally facilitate their request.

While in custody a detained person has the right to:

Free legal advice
Right to have someone informed that they are under arrest (when it is safe to do so)
Have medical help if you're injured or unwell
Free food and water
See the rules the police must follow (Codes of Practice)

items to look for

This list is not a complete list on what u can and cant remove off of a suspect in custody. This is to guide you on what to look for.

Phones
Radios
Weapons (including flashlights)
Gasoline canisters and petrol
Alcohol
Anything to aid their unlawful escape (Lockpicks, Adv Lockpicks, Angle Grinder)

Be aware of the suspect PNC/Fingerprint profile. If the suspect has been known to be suicidal in the past you can also remove similar items to what they could harm themselves with.

Repair kits, Body Kits and Mechanic Kits
Screwdrivers

You must always return items if they have not been used to commit an offense or were not going to be used to commit an offense.

If you do forget place the items in the case file and place a note on the report to allow an officer to return the items at a later date if the suspect returns to the PD to collect those items.

Custody clock (detention time)

DETENTION PERIODS

Individuals who have been arrested can normally only be detained for up to 2 hours without being charged. However, if the offence they are suspected of is serious, a senior police officer (of the rank of Inspector or above) can authorize a suspect’s continued detention for a further hour. Any detention beyond 3 hours requires authorization from the courts. In exceptional circumstances, the courts can warrant the detention of a suspect without charge for up to 6 hours.

Senior officers may authorize an extension where:

The detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;
An offence for which he is under arrest is an indictable offence; and
The investigation is being conducted diligently and expeditiously

Courts may authorize an extension where:

A magistrates’ court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified

STARTING TIME

When arrested, the PACE clock starts at the time which that person arrives at the relevant police station; or the time 24 hours after the time of that person’s arrest, whichever is earlier.

When a person attends voluntarily at a police station; or accompanies a constable to a police station without having been arrested, and is arrested at the police station, their PACE clock starts at the time of their arrest. The PACE clock does not run when somebody requires medical treatment from the NHS.

Ensure you are recording both your time of arrest and time of arrival at custody and start the custody clock at the time of the arrest.

Using G6

We have access to call in G6 officers to send people to Boilingbroke.
This option should be used in any regular processing situation if there are any units available.

SEARCHING SOMEONE IN CUSTODY

When a suspect is in custody you have the right to search them under S.54 PACE, You would search someone in custody to remove any communication devices, Anything to aid their unlawful escape (e.g. lockpicks), Anything they can use to injure themself or others or anything that could cause any sort of criminal damage (e.g hammer)

Before searching anyone in custody you should ask them something along the lines of "Do you have anything that can stick me, poke me, or harm me?". You should ALWAYS wear gloves when searching a person, This is to reduce the risk of officers accidentally getting diseases or infections.

Establishing a plea

Before sentencing a suspect, it is paramount you caution them using the NOW caution, followed by the following question:

Do you plea guilty, or not guilty?

The is important as should someone please not guilty, it opens the opportunity for the suspect to appeal those charges. In contrast, should someone plea guilty, we should take that into account when it comes to the sentence we give them. Going off judicial guidelines, should someone plea guilty, then they shall receive a 10% reduction off their intended sentence. This 10% does not apply to fines.

Example

You arrest a person for common assault , which you have interviewed them and are satisfied the points to prove have been met. You intend on giving them 50 months imprisonment, with an additional a £10,000 fine.

Maximum Sentence should they plea guilty: 45 months imprisonment & a £10,000 fine

Sentence should they plea not guilty: 50 months imprisonment & a £10,000 fine (no change)

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