• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...

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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. The Bail Act 1976 gives a general right to bail, no matter how serious ...

    This is often referred to as 'street bail'. However this has not been very effective as suspects have been known to give fake details. The police can attach conditions if this appears to be necessary for ensuring that the defendant surrenders to custody, does not commit an offence while on

  2. Describe the powers of the police to detain, interview and search at the police ...

    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.

  1. If you were a suspect being questioned in a police station, which of your ...

    These provisions mean that the right to silence is only really worth adopting if you are guilty of the offence in question since it will prevent the suspect from making any damaging admissions which could lead to a conviction. If he remains silent there is a chance that the police will not have enough evidence to charge.

  2. Is Sex is commonly used to describe the innate biological characteristics of humans constituting ...

    this is reflected in the more than proportionate increase in the number of women in prison. And most of types of crime committed by women are also committed by men and to a large extent both sexes live in the same environment and are subject to the same types of peer group pressures and effects on upbringing.

  1. Why do a high proportion of suspects not receive legal advice at the police ...

    A comprehensive breakdown of the different types of ploys used in 331 cases is given by Sanders et al., examples being 142 suspects were told their rights either too quickly, incomprehensibly or incompletely and 14 suspects were told 'You're only here to be interviewed'.7 There is a vast number of

  2. Explain the requirements of lawful arrest and detention

    If they suspect you of have had been a terrorist then the police can detain you for 28 days. D1 ? Evaluate police power of arrest, detention and search. Introduction In this assignment I will evaluate police power of arrest, detention and search by stating out the advantages and disadvantages for them.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work