Describe the ways in which individuals are protected when detained, interviewed and searched at the police station
Describe the ways in which individuals are protected when detained, interviewed and searched at the police station.
There are a variety of different ways in which individuals are protected through out detention, being interviewed and searched while at the police station. The police must always make sure they are not Ultra Vires as they could be made to pay serious damages, also the officers must keep to the individuals rights. However, the officers involved must know the codes of the Police and Criminal Evidence Act (PACE) 1984 as these are the set of rules that apply to them.
Firstly, when an individual has been arrested and is being interviewed they are protected as they are allowed a solicitor. The individual cannot be detained for questioning if they have not been arrested due to PACE section 29, If the individual does not have his own solicitor or would like a free solicitor to help him out they are allowed to use the duty solicitor of the police station in which they are being questioned. Individuals have the right to consult a solicitor due to section 58 of PACE. In addition, due to section 34 of the Criminal Justice and Public Order Act (CJPO) 1994, the individual has the right of silent and does not have to speak about anything if he does not want to. The defendant due to section 34 of the CJPO mentions something in court that he did not mention while being questioned, he is able to have an excuse for not mentioning any important facts, which he may rely on. In addition, it must be tape recorded to make sure the interviewing officers are using the correct manner and also to have the interviews on record for anything in the future. During a case in 1999 Canale, whose case it was had his interviews rejected from the court as they were not written up and the court described this breach of code as 'flagrant, deliberate and cynical?' Every interview which is done must be recorded as it is one of the major PACE codes of practice and is code E. In addition, if a Serious Arrestable Offence has taken place the interview of the defendant must be video recorded with sound, this is also a provision of PACE and is code F. The interviews must be recorded to make sure that nobody tampers with any evidence that may be given using the tapes. Winston Silcott one of the Tottenham Three was arrested in 1987 but in 1991 his and the other Tottenham Threes convictions were quashed, as there was proof of evidence being fabricated. Lastly, youngsters under the age of 18 have the right to be accompanied by an appropriate adult for example a member of family or a social worker.
There are a variety of different ways in which individuals are protected through out detention, being interviewed and searched while at the police station. The police must always make sure they are not Ultra Vires as they could be made to pay serious damages, also the officers must keep to the individuals rights. However, the officers involved must know the codes of the Police and Criminal Evidence Act (PACE) 1984 as these are the set of rules that apply to them.
Firstly, when an individual has been arrested and is being interviewed they are protected as they are allowed a solicitor. The individual cannot be detained for questioning if they have not been arrested due to PACE section 29, If the individual does not have his own solicitor or would like a free solicitor to help him out they are allowed to use the duty solicitor of the police station in which they are being questioned. Individuals have the right to consult a solicitor due to section 58 of PACE. In addition, due to section 34 of the Criminal Justice and Public Order Act (CJPO) 1994, the individual has the right of silent and does not have to speak about anything if he does not want to. The defendant due to section 34 of the CJPO mentions something in court that he did not mention while being questioned, he is able to have an excuse for not mentioning any important facts, which he may rely on. In addition, it must be tape recorded to make sure the interviewing officers are using the correct manner and also to have the interviews on record for anything in the future. During a case in 1999 Canale, whose case it was had his interviews rejected from the court as they were not written up and the court described this breach of code as 'flagrant, deliberate and cynical?' Every interview which is done must be recorded as it is one of the major PACE codes of practice and is code E. In addition, if a Serious Arrestable Offence has taken place the interview of the defendant must be video recorded with sound, this is also a provision of PACE and is code F. The interviews must be recorded to make sure that nobody tampers with any evidence that may be given using the tapes. Winston Silcott one of the Tottenham Three was arrested in 1987 but in 1991 his and the other Tottenham Threes convictions were quashed, as there was proof of evidence being fabricated. Lastly, youngsters under the age of 18 have the right to be accompanied by an appropriate adult for example a member of family or a social worker.
