Flashcards
Detention
Cards in this deck (18)
- 1Police have the power to detain an individual for committing a SUMMARY offence without charge for...24 hours
- 2Can the detention time for summary offences be extended?No
- 3The first review is after ___ hours and then the defendant is checked on every ___ hours until releaseThe first review is after 6 hours and then the defendant is checked on every 9 hours until release
- 4What is the maximum time a defendant can be detained for, for an indictable offence without charge? Who has to give permission?36 hours with consent of a superintendent after 24 hours
- 5What can the detention time be extended to for an indictable offence? Who gives the permission?Can be extended to 96 hours with permission after 36 and 72 hours
- 6What are the review times for an indictable offence?1st review = 6 hours then every 9 hours until release
- 7How long can suspected terrorists be detained for without charge?14 days without charge by a district judge
- 8Police have the power to delay the right to what 2 things?the right to legal advice
the right to have someone informed of the suspects arrest - 9The police powers are limited to the times above and they can delay the right to legal advice...--> if senior officer advises it
--> for a max of 36 hours
--> for indictable offences
--> if believed contacting a solicitor will lead to interference of evidence - 10Name 6 individual rights for detention- have someone informed
- 8hrs rest in 24hrs
- free legal advice
- right to an interpreter
- if under 17 or vulnerable adult should be informed
- medical care - 11Police have the automatic right to search the defendant at the police station. What is a check in search?Where everything a person has on them at the police station is recorded
- 12What is a strip search?Half of the clothing is removed at a time - upper then lower --> done by 2 officers of the same sex-->done when there is reason to believe they have items they shouldn't.
- 13What is an intimate search?Examination of body orifices other than the mouth for class A drugs + items which could cause injury --> done by a doctor in private and needs high ranking officers permission
- 14Interviews Code E governs interviews What is the purpose of an interview?Obtain a confession rather than discover the truth ---> must be recorded by video or tape
- 15Name 5 individual rights during the interview- interview can't start until the solicitor arrives
- room must be heated
- interpreter must be present
- if under 17 or vulnerable an adult must be present
- right to remain silent - 16S76 states that court shall not allow statements which have been obtained through ---------- to be used as evidenceOppression
- 17Samples Non intimate sample who is it taken by? with consent? Give 3 examples...- Taken by a police officer
- taken without consent
- samples = fingerprints, hair, saliva - 18Intimate samples Who is it taken by? with consent? Give 3 examples...- Taken by medical practitioner
- High ranking officer must authorise
- Samples include blood, dental impressions and pubic hair
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- AS - Level Law Flashcards on Detention, created by Sadie6 on 09/05/2016.
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- Sadie6
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