Mindmap
Intimate Samples
Inhalt der Mindmap
Intimate Samples
Legal Authority?
- Criteria to be met?
- Met on the facts?
- How should the exercise of the power be carried out?
- Conducted correctly?
- Conclusion
- Additional Issues
- Reviews of Sam’s detention should take place periodically.
- s. 40
- The first review should take place no later than six hours after detention was first authorised and subsequent reviews at intervals of not more than nine hours.
- Detention was authorised at 11.40. The first review should take place no later than 17.40. The custody record does not reflect this.
- Sam was placed in a cell at 14.03. COP C paragraph 9.3 says that detainees should be visited at least every hour; he is first visited at 15.40.
- COP C paragraph 9.3
- Reviews of Sam’s detention should take place periodically.
- Unlawful
- Additional Issues
- Need the consent of Sam. Cannot use reasonable force.
- If the blood sample is taken without consent and with force it will be an assault.
- Conclusion
- The sample can only be taken by a registered medical practitioner or health care professional.
- s. 62(9A)
- Authorisation and consent must be in writing
- s. 62 (3) and (4))
- The suspect must be warned that if they refuse to give consent their refusal may harm their case if it comes to trial
- COP D paragraph 6.3
- COP D NFG 6D
- Conducted correctly?
- ABH is recordable.
- Sam is suspected in the involvement.
- Authorised by custody sergeant not inspector.
- No probative value. The victim accepts the blood on her shirt is hers. ID does not appear to be in issue.
- How should the exercise of the power be carried out?
- Intimate samples can only be taken if the suspect consents and an inspector has reasonable grounds for suspecting the involvement of the suspect in a recordable offence and for believing that the sample will tend to confirm or disprove his involvement.
- Section 62
- Met on the facts?
- Blood is an intimate sample
- s. 65
- Section 62 governs procedure for taking intimate samples.
- Criteria to be met?
Informationen
- Beschreibung
- Criminal litigation Mindmap am Intimate Samples, erstellt von Millie Farmelo am 23/12/2016.
- Erstellt von
- Millie Farmelo
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