Detention
Legal Advice
You as a detained person have the right for a free legal advice from duty solicitor.
The request will be sent to the Defence Solicitor Call Centre and it will be analyse into serous and non-serious. Non-serious crime will be passing on to Criminal Defence Services Direct. The solicitor from the Criminal Defence Services Direct will give you advice through the telephone. However you can meet them in person if it’s serious crime and have a private talk to them.
Silence
You as and detain person has the rights to be silence, however if you did do anything involve with the crime then you should tell the true. You can keep silence and wait for your lawyer and talk to he/she first. If you have nothing to hide then you would cooperate with the police and if you don’t cooperate then it so them that you are involve in the case somehow.
Inform someone
A detain person can inform someone that they are arrest like a friends, family or even lawyer. This right can be delay by a police officer rank superintendent or above unless the have good reasonable ground that they will other suspects alert that they will get caught soon or evidence they had may get destroyed by other relatives.
Code of Practice
The code of practices is a document that has the right a detained person has because there are a lot of right that people may not know. A detained person that doesn’t know they right has a huge disadvantage against the police. Police has responsible to tell they suspect right but they usually tell them when the police got the answer they wanted. Police should inform you of these main four rights you have as a detained person, however you do not have to use it straight away.
Detained person doesn’t mean that you are the criminal but they have reasonable ground that you may be involved with the case. The police officer can hold you for 24 hour by if a superintendent rank or high can keep you longer. 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.
Arrest
Arrest with a warrant
Advantage – Arresting suspect without problem as well as searching their house with permission from magistrates
Disadvantage – The warrant may take time due to the fact that they need to produce evidence or good reason to arrest the individual.
Arrest without a warrant
Advantage – Arresting someone without warrant that less time which can prevent the suspect from committing more crime.
Disadvantage -
Citizen’s arrest
Advantage – Citizens can detain individual the break the law by holding them down so the police can come with wasting time to chase after him.
Disadvantage – It an confusing for some people if you don’t fully know citizen arrest so you may think you are helping the police a hand but it may cause you to break the law.
Detention
Right for legal advise
Advantage – This right help you when you are detain and need legal help from solicitor that are on duty on the phone but if serious then it will be face to face.
Disadvantage – The suspect can get help from solicitor to try to get away by tell people lies about the case.
Right to silence
Advantage – This right help detained people from getting into more problems. Some time you may be at the wrong place and the wrong time and the police suspect you being involved in the crime.
Disadvantage – Police will be more suspicious of them because if they have nothing to hide then they will cooperate with the police but people that don’t cooperate with the police the show them that they have something hidden.
Right to read Code of Practice
Advantage – Let the detained person know their right so the police would take their right away.
Disadvantage – Suspect the committed the crime can use it for there be
Right to inform someone
Advantage – You can inform people that you were with at the time of the crime so they can prove you innocent.
Disadvantage – You can inform other people to destroy evidence or alert other people involve in the crime.
Search
Stop and search people
Advantage – Search people that may have or going to be involve in a crime.
Disadvantage – Citizen may make a big problem out of it because people may not like other to search them.
Search you belonging (such as bags and other items you may be carrying)
Advantage – Search belonging if people hide illegal drug or stolen good in their bag or etc.
Disadvantage -
Search and question you
Advantage – Question you if
Disadvantage -
Search people at the police station
Advantage -
Disadvantage -
Search vehicles
Advantage -
Disadvantage -
Search premises
Advantage -
Disadvantage -
