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Summary of Criminal Litigation Unit 6
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Criminal Litigation - Unit 6CUSTODY OFFICER : More than one will be available at the designated police station and
rank sergeant and above
Usually : Arrest -> police station -> charged ( if there is sufficient evidence)
-> A person should not be detained if the grounds to detain cease to apply and if continuation of
detention have no justified reasoning [s.34(2) Part IV PACE 1984]
CUSTODY RECORDS :
Arrest -> Police station
Arrested at the police station - attended voluntarily
Attended the police station on bail
{all these circumstances mentioned above, custody record should be open as soon as it is
reasonably practicable to do so}
I. not required to open for a volunteer attending PS
Ii. All matters required must be recorded
Iii. custody records follow the arrested person - it shows the time and reason of transfer
NB : time in police detention before release on bail will count for the purpose of calculating the
max periods of detention
Then a person shall be released without bail or on bail. Depends on :
a. If pre-conditions of bail are satisfied
b. Further investigation in relation to the reason why the person was detained
Which police station should the person be detained?
-> any police station but if more than 6 hours then should be to the one designated
BUT if another custody officer may act in the same role as the custody officer @designated
police station if a custody officer at the designated PS is not available. The non designated
officer should not interfere with the investigation of the offence for which the person was
detained.
Detained at the custody officer’s authority - released also based on the custody officer’s
authority.
Custody Officer is under a duty to carry out the codes of practice and treatment of person
, under detention although responsibility is transferred temporarily to any officer to whom
custody of the person is transferred( for the purpose of interview) under codes of practice.
What happens when a person is arrested?
a. He is informed about his right to notify one person about his detention by the custody
officer and ask whether the suspect wishes to exercise it.
b. Under s.56(1) PACE 1984 - if the person requests, and is held in custody at the police
station or other premises may notify one person whether is a family, friend or anyone that
is interested in his/her welfare can be notified about their arrest as soon as it is practicable
to do so.
c. If the person contacted cannot be reached, 2 alternatives will be available and if they too
are unavailable then the custody officer has the discretion to allow further attempts and
also bear in mind about the local voluntary bodies that may help ( when the detainee does
not know who to contact)
Is it possible for there to be delay in notifying the relevant parties?
Yes if the person is in police detention for an indictable offence and the delay is permitted by an
insp and above.
Note : The rights conferred by this section on a person detained at a police station or other premises are exercisable
whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which
they are exercisable as it applies to the first such occasion.
Interview
What is an interview?
a. Questioning of a person regarding their involvement or suspected involvement in a
criminal offence or offences under para 10.1 ( reasonable objective grounds for suspicion
based on known facts or information which are relevant to the likelihood of the offence
has been committed and the person to be questioned has committed it - must be carried
out under caution.
b. Questioning of a person about an offence of which there are grounds to suspect him or
her will amount to an interview even if the person has not been arrested and no decision
to arrest has been made.
Where should an interview take place?
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