2. Starter:Can you be arrested for the following? You are about to rob an old lady You have been identified (wrongly) as being involved in a murder You are drunk You tell the police your name is HRH Elizabeth Windsor You tell them that you live at 10 Downing Street, Westminster You urinate in the street
5. What information do you learn about custody?Searches & Samples Detention Interviews
6. Area One:Detention 1. What is police detention? So, you’ve been arrested... What next? The police restricting the liberty of a suspect for a limited period... Taken to the police station ASAP 2. Why might the police wish to detain someone? ...in order to investigate and prevent crime or the conduct of the suspect. Why?
7. Key Person: Custody Officer Main Responsibility: Also responsible for: Reviews of custody? What criticisms (AO2) can you spot with the notion of an “independent” officer?
8. Time limits! Only hold for longer if it is an indictable offence 24 36 96 Hmm... What about the Terrorist Act 2006?
9. Rights in Detention Indictable offences Inform someone of your arrest But they can be delayed... Up to 36 hours Harm to evidence or persons Interfere with investigation Lead to other suspects being alerted Prevent recovery of the property Who? Right to consult with a legal adviser R v Samuel R v Grant Criminal Defence Service
11. In addition...A further safeguard Why? Young People R v Aspinall 1999 Mentally Disordered A-B Work: Does it work? What alternatives could you suggest to ensure that they are protected?
12. Section Two:Interviews What is the purpose of the interview? Tape Recorded Silence You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence Video Recording? How long? Who else should be present? How many questions? R v Miller
13. Section three:Searches Stage One: Search of a detained person Looking for...? Photographs Non intimate samples Compulsory drug tests Fingerprints DNA swab How old must the suspect be?
14. What happens to these samples? Until 2001, they were only kept if you were found guilty. Otherwise they were destroyed. However.... S & Marper v UK 2008
15. So... What did Europe have to say about this? The government is intending to change this in the Protection of Freedom Bill What arguments are there for and against the DNA register? How does the government propose to amend the rules in the wake of the ECtHR ruling?
22. For each of the following situations, use RAG to show whether there has been a lawful detention or notBe prepared to defend your answer! Joe is detained for the theft of a Yorkie. The police keep him for 60 hours then release him without charge NO Bob is detained on suspicion of murdering Wilma. Te police suspect that he has an accomplice and refuse to let him tell anyone that he is at the police station. Ariel is a schizophrenic, whose medication controls her symptoms. The police interview her in relation to a suspected assault and she is lucid and alone. MAYBE The police detain Tamara, aged 11, over an alleged criminal damage offence. Her mother is called and sits in on the interview. YES Fred is taken into an interview room. The police tell him that he must answer these questions, and if he doesn’t he’ll be charged with the murder of Pebbles.
29. Pair workAre these legal? Each pair will be given one problem. You need to brainstorm the answer, using the relevant legislation, cases etc. and then write it up. Andy has been seen taking a television from his place of work. He is stopped and searched by a police officer. He is told to strip down to his underwear. The police officer believes that he is an infamous murderer. She arrests him and takes him to the police station. He is put in a cell for two days. While Andy is in the cell, the police demand that Andy give them a sample of his blood. They tell Andy that if he refuses, he will be strip searched. Advise Andy about the conduct of the police. Jez, aged 40, has been arrested on suspicion of murder. He is taken to the local police station at 4 a.m. The custody officer takes all of his possessions and gets him to sign the form without any explanation. He is interviewed for 10 hours about the alleged crime. He asks to see a lawyer but is refused this request. The police take Jez’s fingerprints and a saliva sample without consent. He is released after three days. Advise Jez regarding the conduct of the police. Sonya, aged 15, has been arrested for shoplifting by the security guard who thought she took a CD. When the police arrive, she is questioned on the way to the police station about the incident. At the police station she is not permitted to make a telephone call. The police officers refuse to contact anyone until she admits that she took the CD. Advise Sonya regarding the conduct of the police. In completing this you will be showing your understanding and application of the law.
30.
31. Describe the rights of a person who is suspected of committing a serious offence, whilst detained, interviewed and searched at the police station
32. Matilda is arrested on suspicion of burglary. She is taken to the police station and given an intimate search by a female police officer to search for stolen credit cards. Fingerprints and a sample of blood are taken from Matilda by force. She is detained for 30 hours before she is allowed access to legal advice. Explain whether Matilda's treatment at the police station was lawful. [12]
