A strict time scale must be followed after the arrest. For most offences, the suspect can be detained for up to 24 hours. For more serious offences, and with permission from a senior officer, the police can detain for 36 hours. In order to gather evidence, with the permission from a magistrate, a suspect may be detained for up to 96 hours. Under the Terrorism Act 2006, with permission from the Home Secretary, a terrorist suspect may be detained for a maximum of 28 days. A custody officer must review the detention every 9 hours, or the detention isn’t warranted, and the suspect must be allowed to leave.
Once the suspect has arrives at the police station, they must be informed of two rights, verbally and in writing. The first one comes under section 56 of PACE: “The suspect may nominate one person to be informed of their arrest. In addition, the detainee must be allowed to speak for a reasonable length of time.” There is an exception however. If the police believe that contacting the nominee will be a danger to the case or other people, this right may be suspended for up to 36 hours. This is to safeguard against the destruction of evidence, especially in drug offences. The second right is that the suspect is entitled to free, independent legal advice. If the suspect has their own solicitor then they may be contacted. This right can also be suspended for up to 36 hours, but only with permission from a senior officer and with good evidence that contacting the solicitor would interfere with the case.
During the time scale, the police are entitled to interview the suspect. A problem identified by the Runciman Commission was that informal interviews would take place on the way to the station. To avoid this, anything asked of the suspect in the informal interview must be asked again in the official interview. The interview must take place in a well-lit and ventilated room and it must be of a reasonable temperature so the suspect doesn’t become disorientated. According to section 76 PACE, ‘The court shall not allow statements which have been obtained through oppression to be used as evidence”. Oppression is defined as the threat, or the action of torturous, inhumane, or degrading behaviour towards the suspect. If the suspect decides to remain silent during the interview, then nothing can be inferred from this silence. As a result of R v Cowan 1995, the Court of Appeal stated that a defendant’s silence was not enough to form a conviction. However, Lord Taylor then quoted section 38 of the Criminal Justice and Public Order Act 1994 (CJPO), “The prosecution must present their case before anything can be implied by a defendant’s silence”.
The police have the right to remove items of clothing that may be harmful to the suspect, for example, belts and ties. They don’t have the automatic right to search a suspect, but they may record what items they have with them. Should the officer believe that a search would provide evidence, then a non-intimate search takes place. The suspect must be searched by a same sex officer in a private room, and access is only permitted for people connected with the case. A male suspect is permitted to wear trousers while his top half is being searched, and his top while his lower half is being searched. A female suspect is given a gown so that she is never completely exposed. If the officer believes that evidence may be hidden inside the suspect, then a qualified doctor or nurse can conduct an intimate search of the suspect. If a qualified medic is not available then with the permission from a senior officer, any officer with adequate medical training may conduct the search.
To conclude, the police are allowed to detain suspects but only for a limited time, depending on the offence. Searches must be conducted by a same sex officer and intimate searches by a qualified medic. The interviews must take place in a well-lit, ventilated room of a reasonable temperature. The officers may not use degrading behaviour towards the suspect, otherwise any evidence submitted as a result of this will be deemed inadmissible.
