英语论文网

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If any of the procedures aforementioned have not been followed, the detainee may wish to complain through the correct procedure. Complaints can be made if the suspect’s rights were infringed or breached. The suspect has a right to claim and the police may be disciplined or prosecuted for the abuse of rights of misconduct.

Complaints can be made to the local police station, independent police complaints commissions, or a solicitor.

Safeguards in relation to subsequent searches

Upon arrest, the duty officer must take into account all of the detainee’s possessions and have them recorded as stated in Section 54 of the PACE Act [17] . For these possessions to be attained a search must be conducted. An officer of the same sex must conduct the search, and the officer may use reasonable force necessary if the suspect refuses to cooperate.

There are different types of searches:-

Strip Search – This kind of search would be made if the custody/searching officer decide that the suspect holds on his/her person e.g. a prohibited item or an offensive weapon, or any article that may be used as an offensive weapon. The search requires more than the outer clothing to be removed. This search would require the same sex officer to conduct the search and an appropriate adult may be present if requested. The search and its reason(s) must be recorded in the custody record.

Intimate Body Searches – This search consists of a physical examination of any one or more of the suspects’ bodily orifices excluding only the mouth, and is only authorised by an officer ranking at least as an inspector.

Search of an immediate area after an arrest – The police are allowed to search the immediate area in which the arrest took place and this includes any dwellings or buildings that the suspect may have come from previous to the arrest taking place. This is stated in Section 32 of the PACE Act. The searches of property itself is set in PACE Code B [18]

Search of the suspects premises after the arrest – If the suspect has been arrested, the police have the right to search the suspects home or any other premises that the suspects may be in charge of (such as business), due to it being related to the offence arrested for Section 18 of the PACE Act [19] The police must have reasonable grounds to believe that the premises has something which relates to the offence

The three main purposes for these searches under Section 32 of the PACE Act [20] are for the following three articles -

Evidence relating to an offence

Anything the suspect might use to escape

Anything that the suspect might present as a danger to himself, the police officers or others.

Types of Bail

Section 1 (1) of the Bail Act 1976 states “In this Act “bail in criminal proceedings” means—

(a)bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or

(b)bail grantable in connection with an offence to a person who is under arrest for the offence or for whose arrest for the offence a warrant (endorsed for bail) is being issued. [21] ”

Bail is a security, usually in means of a sum of money, which is exchanged for the release of an arrested person as a guarantee of that person's appearance for tri