Flashcards
Untitled_1
Flashcards do conjunto (14)
- 1Terrorism Cases- Terrorism Act 2000Allows suspect to be detained for longer periods with mags permission/ senior judge. Those detained still have same rights. >96hours= MUST be visited by a health care professional
- 2OppressionDetained including torture, inhuman/ degrading treatment + use of threat of violence. CO MUST monitor treatment However they do work for police. Research shows 10% custody notes were falsified.
- 3POWERS OF DETENTION The Custody Officer (CO)PACE guarantees a CO at each station. ROLE= observe PACE guidelines are adhered to. ROLE is semi-independent + MUST be a sergeant/ higher and not directly involved in the investigation.
- 4POWERS OF DETENTION Limits at stationThe CO can: Charge suspect + remand suspect in custody; Bail S to come to station; release s, detain s.
- 5POWERS OF DETENTION Times At 6 hours.CO MUST review whether there are grounds for detention. CO decides to detain; not charge.
- 6POWERS OF DETENTION times At 24 hours.Police have to decide whether to charge/ release/ if there has been a serious offence S can be detained for a further 12 hours. Generally 24 hours max if serious offense. MUST ask an SO for extra time if needed.
- 7POWERS OF DETENTION times At 36 hours.>36 hours =MUST apply to magistrates. (your protection)
- 8POWERS OF DETENTION times At 96 hoursMAX detention without charge. Investigation officer (IO) MUST convince a mag they need to keep you longer to allow proper investigation. (your protection)
- 9Interview roomMust be adequately lit, heated and ventilated. Suspect needs a seat and must be given breaks for meals and refreshments. (cannot interview for over 2 hours at a time)
- 10Tape recording2 copies; 1 to suspect. Start and end = must state time, who is present and times.
- 11Appropriate adultIf under 17/ mentally handicapped an "appropriate adult should be present"
- 12R v ASPINALLC/A ruled when a schizophrenic was interviewed without an appropriate adult was inadmissible even though he had understood questions.
- 13Right To SilencePrior to 1994 a suspect could remain silent without any adverse conclusion being drawn. Govt felt rule was allowing guilty people to get away so enacted CJPOA
- 14CJPOAWhen suspect remains silent they are told the judge may comment on that and use against them. They still can remain silent as silence is not enough for conviction.
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- law FlashCards sobre Untitled_1, criado por bethc1309 em 29-04-2013.
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- bethc1309
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