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Describe the rights during detention at a police station of an individual suspected of a serious offence.

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Introduction

Describe the rights during detention at a police station of an individual suspected of a serious offence. Every individual in detention including those suspected of a serious offence have a set of rights which are outlined in Code C of the Police and Criminal Evidence Act 1984 (PACE). S56 of PACE gives the suspect the right to a phone call to inform someone of their arrest, if the suspect is under the age of 17 then they have the right to inform a parent or guardian of their arrest. For someone suspected of a serious offence this phone call may be delayed for 36 hours to protect evidence or to prevent harm to others. ...read more.

Middle

Code C sets out that a detainee has the right to a well lit, heated and ventilated cell and also the right to two light meals and one main meal and drinks every 2 hours. S41 of PACE as amended by the Criminal Justice Order Act 2003 sets out the time limits on detention. It states the police have the right to detain a suspect for 24 hours. S42 states this time may be extended by another 12 hours for a total of 36 hours with the authorisation of a superintendent. If the suspect is believed to have committed an indictable offence then the 36 hours may be extended to a maximum of 96 hours however the police must apply to the magistrates' court for authorisation to do this. ...read more.

Conclusion

S54 of PACE sets out the rules on a non intimate search. During this search the suspect has the right to a same sex officer performing the search, in private at the police station or in a police van. S55 of PACE sets out the rules on an intimate search. During this a suspect has the right to a doctor or nurse performing this search and again in a private room in the police station. During an interview Code E sets out that a suspect has the right for it to be tape recorded, Code F sets out that the suspect has the right for the interview to be video recorded and S34-39 of the Criminal Justice and Public Order Act 1994 sets out that the suspect has the right to be cautioned before the interview. ...read more.

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