英语论文网

be dealt with expeditiously, and released as soon as the need for detention no longer applies.”

When taken into custody, the police have the power to detain and hold the suspect for questioning if they suspect that an imprisonable offence has been committed.

If the suspect is detained, he/she can only be detained for a time not exceeding 24 hours after the detention started or earlier if there are no grounds for suspicion if arrested. However a higher ranking officer may extend this period of time by an extra 12 hours, and a magistrates court can extend detention for a 96 hour period and then furthering the limit to 28 days if required.

However if the suspect has been detained for a time period longer than 24 hours the detainee must be brought before a magistrates court the following day (excluding weekends, Christmas Day or Good Friday).

An explanation must be made to the detainee on why they are being detained, and the detainee must be handed the codes of practice as stated in Section 3.1 of Code C. The suspect is entitled to legal representation immediately. This representation can be made by a personal meeting or through telephone contact from the Criminal Service Defence Direct. The suspect can also make one more person aware of his/her detention and where they are detained. The detainee has the right to a telephone call or to write a letter, the call or letter may be monitored however the telephone call to the solicitor must be done privately. All the aforementioned are stated in Section 58 of the PACE Act [16]

The detainee can receive free legal advice from a duty solicitor, however this depends solely on the detainees financial circumstance. The detained person may also wish to seek advice from their own independent solicitor, this will depend on whether the crime is a serious offence or not. The detainee is well within his/her rights to refuse answering anymore questions once legal advice has been given.

A detainee also has the right to be treated with dignity, food, drink and exercise, access to lavatory and washing facilities, a warm clean ventilated room with bedding and at least eight hours rest in a 24 hour period.

If the detainee is a minor, and under the age of 16 or is mentally vulnerable, then the police must tell an appropriate adult such as the guardian or parents as soon as practicable. Unless there is suspicion that the guardian or parent is involved in the offence in question then the police may allow the guardian or parent to attend the police station and have access to the young or mentally vulnerable person.

The suspect must have the above rights given to them in way of writing along with written confirmation that the suspect was given his/her arrangements for obtaining legal advice, a right to the copy of the custody record, the caution in the terms prescribed in Section 10 of the PACE Codes C, an additional written notice briefly setting out their entitlements whilst in detention. It is also a requirement to have the detainee to sign this written notice, if the detainee refuses to sign, then this must be noted down on the custody record.

The Police also hold powers to search, take fingerprints, palm prints, take photographs etc. A special warrant is required in regards to internal searches.

An offender cannot be detained more than once for the same offence.
本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。