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Describe the Powers the Police Have to Detain, Search and Interview a Person at The Police Station The police have a wide range of powers to detain, search and interview a person when they are

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Introduction

Describe the Powers the Police Have to Detain, Search and Interview a Person at The Police Station The police have a wide range of powers to detain, search and interview a person when they are at the police station. They might want to detain a person to gather information or evidence for a crime they are suspected to have carried out. This evidence can then be used to help further investigations. To gather the information the police might search or interview the arrested person for anything which might be used to help them from escaping, or anything which might be evidence relating to an offence. I am going to talk about the different powers that the police have to detain, search and interview a person when they are at the police station. There are strict time limits that the police have as to holding a person at the police station after they have arrested them. The rules regarding time limits can be found in the PACE Act 1984, the Criminal Justice and Public Order Act 1994 and Code of Practice C. For most offences the police may only detain a person for 24 hours, after which they must charge or release them. ...read more.

Middle

an item which could be used to cause physical injury to themselves or others, or that he is in possession of a Class A drug such as heroine or cocaine. Intimate searches are described as a physical examination of any one or more of the body's orifices, such as the anus, vagina, ears and nose. The mouth cannot be searched. If the search is for Class A drugs then it may only be carried out by a suitably qualified person such as a doctor or nurse, and may only be carried out at a hospital, a registered practice surgery or any other place used for medical purposes. However searches for any other articles then if practicable, it should be carried out by a suitably qualified person, but may be carried out by an officer of rank superintendent atleast if he believes that it is not practicable for the search to be carried out a doctor or nurse. This search may also be carried out at the police station. Whilst in detention the police also have the right to take fingerprints and non-intimate body samples such as hair and saliva, and if needed they may use force to obtain these. ...read more.

Conclusion

A major problem is that suspects are also questioned before they arrive at the police station possibly in the car whilst on the way. These interviews are not recorded, and in order to protect suspects from the police jeopardising un-recorded evidence, the Runciman Commission recommended that any confessions should be put to the suspect at the beginning of the tape-recorded interview. This allows the suspect to confirm, deny or make changes to any confessions. The purpose of most interviews is to try and make the suspect confess to any suspected crimes, and this may not be obtained by torture, inhuman or degrading treatment and the use or threat of violence. Most of the laws regarding police powers to detain, search and interview a person whilst they are at the station are set out in the PACE Act 1984, the Criminal Justice and Public Order Act 1994 and the Codes of Practice. These set out the time limits for detention, the types of searches that they can carry out and under what circumstances and the correct way in which interviews should be carried out. Failure to comply with these may result in the case being dismissed by the judge in court e.g. R v Samuel, or any evidence obtained unlawfully cannot be used against the defendant. Mohammed Bhana AS Level Law Criminal Law Page No.1 18/12/2007 ...read more.

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