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PACE C 15. Reviews & Extensions

giles_murphy PACE Code C English

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(a) Detained under PACE
- 15.1
  - s.40 PACE
    - review office
      - responsible
        periodically determining
        requirement for
        detention
- 15.2
  - 15.2A
    - If DP
      - Juvenile
      - mentally vulnerable
        detained 24hrs +
        depends of DP's
        (a) special vulnerability
        (b) legal obligation
        opportunity for rep prior
        to decision about extending detention
        (c) need to consult
        & consider
        view of Appropriate Adult
        (d) alternatives
        to police custody
  - s.42 PACE
    - after 2nd review
      - Supt +
        extend detention
        without charge
        upto 12 hours
        further detention
        without charge
        Mags' court
        S.43 & 44 PACE
- 15.3
  - before deciding
    - to authorise
      - continued detention
        authorising officer
        give an opportunity
        make rep
        to
        15.3A
        15.3B
        15.3C
        review officer
        decides
        review
        in person
        phone
        video
        considering
        needs of DP
        especially
        (a) juvenile
        (b) mentally vulnerable
        (c) needs medic
        (d) community issues
        representations
        orally
        in person
        phone
        in writting
        Officer can refuse
        to hear rep from DP
        If behaviour/condition
        unfit
        any other person
        with interest
        in DP's welfare
        (a)DP
        unless DP = asleep
        (b) Solicitor
        If available
        (c) Appropriate adult
        If available
- 15.4
  - DP must be
    - unless asleep
    - reminded
      - right to free legal advice
        before
        officer responsible
        conducts review
        decides whether to
        extend detention
- 15.5
  - IF
    - review officer
      - decides to
        Keep DP detained
    - Supt
      - decides to
        extend max period
        Any comment
        Made by DP
        recorded
        officer informed
        of comment
        ASAP
- 15.6
  - No officer
    - put specific Qs to DP
      - regarding
        their involvment
        in any offence
      - in respect to
        any comments they made
        when given the opportunity
        to make representations
        in response to
        a decision
        to keep them in detention
        This = Interview
        extend max period of detention
- 15.7
  - If DP = Asleep
    - at review
    - continued detention
      - told ASAP
        after waking
(b) Review of detention by phone / video
- 15.9
  - s.40 PACE
    - officer responsible
      - 15.9C
        can decide
        to terminate
        phone
        video
        review
        for it to be done
        in person
        reason recorded
        custody record
      - reviewing DP
        who had not been charged
        need not
        attend the station
        the DP is being detained
        can review via
        15.9A
        Video conference
        15.9B
        s.45A(2) PACE
        Phone
        15.9B
        If video conference possible
        Must be used
        phone review not permitted
- 15.10
  - If phone/video review
    - officer at station
      - holding DP
        (a) makes record of recview
        (b) in possible (a) in presence of DP
        (c) if phone review
        give DP info about review
- 15.11
  - If phone/video review
    - 15.3 satisfied
      - (a) if facilities exist
        for the immediate
        transmission of written rep
        (i) orally by phone/video
        (ii) in writing
      - (b) in all other cases
        orally by phone
(c) Documentation
- 15.12
  - all reminders
    - under 15.4
    - noted in custody record
- 15.13
  - grounds
    - any delay
  - extent
    - any delay
      - in conducting review
        recorded
- 15.14
  - if review
    - via
      - phone
      - video
        record of
        (a) reason
        review officer
        didn't attend
        (b) location of
        review officer
        (c) the method reps
        were made
        to review officer
        15.11
        oral
        written
- 15.15
  - any
    - written representations
      - retained
- 15.16
  - record made
    - ASAP
      - of the outcome of:
        (a) each review
        if 15.7
        when DP informed
        (b) any determination
        to extend
        max detention
        &
        by how long
        s.42 PACE
        (c) each application
        s. 43 PACE
        warrant
        further detention
        extention
        further extention

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Description: PACE Code C Mind Map on PACE C 15. Reviews & Extensions, created by giles_murphy on 17/11/2014.
Created by: giles_murphy
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