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
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. However for serious arrestable offences this limit can be extended to 36 hours providing that the decision is authorised by an officer of rank superintendent or higher. These offences include rape, manslaughter or murder etc. If more time is required than an extension of up to a maximum of 96 hours is available, however this can only occur on the approval of a magistrate.
The Prevention of Terrorism Act 2000 allows the police to detain a person for up to 48 hours, and an extension for another five days, this only with the approval of the Home Sectary though.
The police do not have an automatic right to search a person when they are in the police station, however it is the duty of the custody officer to make a record of anything the suspect brings with them into the station, and if the custody officer is not satisfied with what is being presented then he may order a non-intimate search ...
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The Prevention of Terrorism Act 2000 allows the police to detain a person for up to 48 hours, and an extension for another five days, this only with the approval of the Home Sectary though.
The police do not have an automatic right to search a person when they are in the police station, however it is the duty of the custody officer to make a record of anything the suspect brings with them into the station, and if the custody officer is not satisfied with what is being presented then he may order a non-intimate search to be taken.
Strip searches are as defined in Code of Practice C "they involve the removal of more than outer clothing." The Code reads that this search may only take place if there is reasonable suspicion that the person in detention is carrying an article that he is not allowed to keep and that the person has concealed that article. This search cannot be carried out where other people can view it (i.e. it should be in private) that do not have to be present there. A person of the same sex can only carry out the search. Suspects do not usually have to have all their clothing removed at the same time, a man should be allowed to put hi shirt back on before he removes his trousers and a women should be given a robe or similar item to wear once she has removed her top garment.
An officer ranked atleast superintendent may only order an intimate search, if he has reason to believe that the person in detention has with them 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. And if there is reason to believe intimate samples are required for a particular involvement in a recorded case such as rape, then it may only be taken by a doctor or nurse. An intimate sample is described in the Criminal Justice and Public Order Act 1994 as a sample of blood, semen or any other tissue fluid, urine or pubic hair, a dental impression and a swab taken from a person's body orifice other than the mouth. Any samples or fingerprints must be destroyed if the suspect is not charged or later found not guilty.
To gather more evidence or to cause a detainee to confess, the police may carry out an interview. This can only take place in the police station. Before an interview takes place the individual must be cautioned by the police. This is set out in sections 34 to 39 of the Criminal Justice and Public Order Act 1994. A common phrase know used to caution individual is 'you do not have to say anything, but it may harm your defence if you do not when questioned something which you rely later rely on in court. Anything you say may be given in evidence.
Suspects have a right to a solicitor present at an interview, however if the suspect does not ask for a solicitor the interview may be conducted without a solicitor present. If a superintendent or officer with a higher rank has reasons for believing that the delay for a solicitor would cause a risk of harm to others and damage to property, then the interview may also be carried out without a solicitor present. For example if the officer believes that the suspect could have information about a possible crime (e.g. a burglary) that would be carried out before the arrival of the solicitor then the interview may b carried out.
All interviews at a police station must be tape-recorded, but know it is becoming common that interviews are being video-recorded. 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
