‘Reasonable grounds for suspecting’ is important to discuss as Tony has been taken to the police station for questioning. Under section 24 of PACE the powers state that the police must have reasonable grounds for suspecting the party. Section 24 of PACE covers many aspects of arrest and it allows police and private citizen’s the right to arrest without any warrant.
Any person committing a serious or non serious arrestable offence can be arrested under section 24. Any person who is thought under reasonable grounds to be committing a serious or non serious arrestable offence can be arrested under section 24. Any person who has already committed a serious or non serious arrestable offence and any person who is thought under reasonable grounds to have committed a crime and be guilty, where a serious or non serious arrestable crime has been committed. Any member of the public may use these grounds to arrest a person as well as the police which is important.
Section 25 of PACE however deals with the arrests where the party has given false information or where it cannot be found (name and address mainly). Unless this section was defined, Tony could run away and the police officer would not be able to do a thing that is if Tony has committed an offence.
In relation to Tony, the police officer had the right to stop and search Tony if he had reasonable grounds for suspecting Tony. The search would be lawful if Tony knew the officers name and the police station which the officer is based at. The police officer does also have the right to take Tony to the police station even though nothing was found in the search. However, there are rules and regulations under PACE which outline the rights to the suspect of detention whilst in a police station.
The first rule is the limit to which the police can hold a person before deciding to charge them. Within the initial 24 hours, the maximum detention after an arrest there are many procedures which Tony would have to face, but also we must discuss the rights which he has whilst in detention. Lets have a look at the time factors and events involved with detention looking in particular with the case of Tony and what PACE outlines.
At the start of detention, Tony, the arrested person will arrive at the police station and he will be attended by the custody officer who decides that there is reason to detain him. After six hours Tony will be interviewed by a custody officer and a review will be made. After the first 15 hours and every 9 hours after more reviews will be made by the custody officer in relation to Tony. And after the 24 hours the police must either charge Tony for an offence or let him free. Whilst in the custody of the police, the custody officer must make a record of all events which take place.
Whilst in custody Tony has many rights allowed to him, and these must be explained to him by the custody officer when Tony arrives at the police station. The three main rights which Tony has are having somebody who Tony knows informed of the arrest, knowing that he has the right to independent legal advice which is free or with a private solicitor and viewing the codes of practice. Let’s have a look in detail.
Under section 56 of PACE is the right to have somebody known of the arrest. Tony will need to give the name of a person whom would be concerned about the arrest and about Tony. The person who Tony nominates must be informed of the arrest and where Tony is being held i.e. which police station. As soon as possible, this act should be carried out however if Tony is being arrested for burglary then the police may retain from informing anyone about the arrest for up to 36 hours. This can be done if the person contacted would be caused harm or would interfere with the enquiry. Code C in the codes of practice also states that a telephone call for a decent length can be made by the detainee. Tony has the right to a phone call for a reasonable amount of time.
A detainee has the right to legal advice which is free although they can consult their own private solicitor. Tony if he has a private solicitor can contact him to discuss the arrest or if he does not, he has the right to free legal advice however this can be delayed for up to a maximum of 36 hours as burglary is a serious arrestable offence.
The interview may be tape recorded and the detainee can choose the option to have it recorded or not. Tony does have the right to have the interview tape recorded.
If Tony is charged, the next step is to decide whether he will remand in custody or whether he will remand on bail. If bail is granted Tony will remain free until his trial but may be remanded in custody until the trial if bail is not granted.
If once Tony is granted bail or even released before appearing before a magistrate i.e. if he is cleared of any wrong doing, he can make a complaint against the police. The authority dealing with complaints against the police is the Police Complaints Authority or PCA. Tony if making a complaint for wrongful arrest, false imprisonment etc could sue the police but there are many steps which need to be taken by Tony in order to make his complaint.
First Tony must write down in detail exactly what happened, was he injured by another police officer, has he been falsely accused etc, then he must state what was said and done about the matter at the time, third he must state when and where it happened, in what station if so, where there any witness to the incident and if so could they be contacted for proof that the incident took place and confirm what Tony has already stated about what happened and when etc and finally he must declare any proof of damage to himself or property if this is concerned with the matter. Tony as mentioned has the right to sue whatever the outcome of the complaint. The sue claimant against the police is made in the civil court.
In conclusion Tony has many rights while under three stages in his situation. The powers of stop and search where he has the right to keep his inner garments of clothing on. Whilst in detention
