1. Police
Powers 3:
Detention, Interviews,
Searches & Samples
G151 ELS
MAH 2012

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

3. Introduction:
You are going to watch an
extract from the program
Coppers, which follows the
custody officers at one police
station.
Using what you see, complete
the questions on p.2 of your
handout.

4. Area One:
Detention
So, you’ve been Taken to the
arrested... police station Why?
What next? ASAP
What is police The police restricting the liberty of a suspect for a limited
detention? period...
Why might the ...in order to investigate and prevent crime or the conduct
police wish to of the suspect.
detain someone?

5. Key Person:
Custody Officer
Main Responsibility:
Also responsible for:
Check that the arresting officer complied with ………..
Keep the custody record
May record all of D’s possessions and search D
Ensure that you are given adequate rest, meals and
reviews in accordance with Code C.
Tell you all of your rights, especially that to legal
advice.
Reviews of custody?
Is the Custody Officer a truly independent person?

6. Time limits!
24 hours
Only hold for longer if it is an indictable offence
Up to
Further total of
12 96
Offence: Summary Triable-either way Indictable
Means:
Examples:

7. What about terrorist suspects and pre-trial
detention?
The detention will be legal, if among other
reasons, it is necessary...
“pending the results off an examination or analysis
of relevant evidence, or of anything which is being
examined or analysed with a view to obtaining
relevant evidence.”
Is this sufficiently limiting?
Protection of Freedoms
Act 2012
14 days

8. Other Rights in Detention...
To inform someone of your arrest
But they can be delayed...
Up to 36 hours for an
indictable offence only!
1. Harm to evidence or
persons
2. Interfere with investigation
3. Lead to other suspects
To consult with a legal adviser being alerted
R v Samuel 4. Prevent recovery of the
property
R v Grant

9. A further safeguard...
Appropriate Adult
Who? Why?
R v Aspinall 1999
A-B Work:
Does it work? What alternatives could
you suggest to ensure that they are protected?

10. Can you name the word or phrase?
Appropriate Adult Custody
Indictable detention

11. Other Rights

12. Section Two:
Interviews
What is the purpose of the interview?
Thinking:
What about those ‘informal’ interviews
Tape Recorded which take place before the suspect is
at the station? Many interviews seem to
take more place in police cars or
Video Recording? outside of the police station.
How do we incorporate those
more appropriately?
Who else should be
present?
How many questions?
Miller 1992

13. Right to silence?
Criminal Justice and Public Order Act 1994 ss33-9
When might you receive the caution?
Silence Imagine you are the jury. Watch the interview with
Steve Wright, who was subsequently convicted of
the murder of a number of women in Ipswich.
What conclusions would you draw based on what
You do not have to say anything. you see?
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

14. Consolidation:
Are these legal?
Can you apply the law to the recent detention of Mark Bridger?
1. He was arrested on Tuesday at 15.30.
 How is he still in custody on Thursday, if the rule is 24 hours?
 How long could they hold him in total?
2. He was interviewed immediately after arrest
 Is this legal?
 Why?
3. He has been interviewed twice whilst in custody
 Why has he not been interviewed continuously?
 What rights would he have in the interview?
4. The police have made it clear that this is one of their lines of
inquiry.
 What might be the grounds for arrest under s.24?
 Why are they looking at other lines, if he is under arrest?

15. Section three:
Searches & Samples
Photographs Drug tests
Fingerprints DNA swab
Student Task:
Non intimate samples Read the enclosed article from the BBC
and complete the table, comparing the
law from before and after the changes.

16. Some other (ickier!) samples...
Intimate Samples
1. oobld
2. meesn
3. sstiue
4. dufli
5. rueni
6. bpuic rhai
7. tednla sssipmreion
Safeguards:
Consent
Registered medical
practicioner
Something to
compare to!

17. Intimate Search
Two grounds:
1. Item to cause injury
2. Class A drug
Covers?
AO2
Why is the mouth
General Search exempt?
What for?
Strip Search Safeguards:
Means:
 Authorised by senior
Safeguards: officer
Not remove everything  Suitably qualified
Private
person... which means?
Same gender
Authorised by senior officer

18. What happens if the police don’t adhere to
these rules?
What does that
mean?
Section? Powers?
s.76 Statements obtained through oppression
will not be admissible in court. This includes
the threat of violence, torture, inhumane or
degrading treatment.
s.78 The court may exclude evidence if “such an
adverse effect on the fairness of proceedings
that the court ought not to admit it”
Article 3 European Convention on Human Rights prohibits torture, and "inhuman
or degrading treatment or punishment".
R v Miller

19. For each of the following situations, use RAG to show whether
there has been a lawful detention or not
Be 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. The 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.
Fred is taken into an interview room. The police tell him that he YES
must answer these questions, and if he doesn’t he’ll be charged
with the murder of Pebbles.

20. Spot check:
How much do you remember?

21. POWERS OF THE POLICE LIMITATIONS ON POWER INDIVIDUAL RIGHTS
To detain an individual... Only for certain time limits Custody Officer
Consolidation...
Can delay right to legal advice... Only if... Right to legal advice
Can delay right to inform.... Only if... Right to have someone informed of
detention
Can interview suspect Must be taped and... Appropriate adult
Interpreter
Can search suspect... Only if... Must be conducted in particular way to
3 Types protect dignity and privacy of S
Check in search
Strip search
Intimate search
Can take samples Non-intimate By
With permission from
Intimate By
With permission from

22. Describe the rights of the police to detain, search and interview a suspect arrested in connection
with a serious offence. 18
Introduction
Main Subheading Key Information Example, Futher detail or explanation.
Case, States
Conclusion

23. Plenary:
It’s Post-it time!
“The removal of the right to silence assumes everyone
A is guilty” Discuss whether or not you agree with this
statement and why.
B
Joe, aged 16 is arrested and charged with arson.
Explain two safeguards which should be in place in his
interview.
C Describe the role of the custody sergeant.
Explain the time limits affecting a defendant charged
D with an indictable offence.
Identify what is meant by an indictable offence, and
E give an example.

24. Pair work
Are 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.
Jez, aged 40, has been arrested Andy has been seen taking a
Sonya, aged 15, has been television from his place of work.
on suspicion of murder. He is arrested for shoplifting by the
taken to the local police station at He is stopped and searched by a
security guard who thought police officer. He is told to strip
4 a.m. The custody officer takes she took a CD. When the police
all of his possessions and gets him down to his underwear. The police
arrive, she is questioned on officer believes that he is an
to sign the form without any the way to the police station
explanation. He is interviewed for infamous murderer. She arrests him
about the incident. At the and takes him to the police station.
10 hours about the alleged crime. police station she is not
He asks to see a lawyer but is He is put in a cell for two days.
permitted to make a telephone While Andy is in the cell, the police
refused this request. The police call. The police officers refuse
take Jez’s fingerprints and a saliva demand that Andy give them a
to contact anyone until she sample of his blood. They tell Andy
sample without consent. He is admits that she took the CD.
released after three days. that if he refuses, he will be strip
searched.
Advise Sonya regarding the
Advise Jez regarding the
conduct of the police. Advise Andy about the conduct of
conduct of the police.
the police.
In completing this you will be showing your understanding and application of the law.

25. 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]
Point Because And However
In conclusion:

26. It’s time to be creative!
1. Using all you know about stop and search, arrest and detention,
produce a leaflet aimed at the lower school explaining their rights. It can
be as creative as you like (including puzzles etc) but must clearly inform
them of their rights.
Due Friday 12th October 2012