Police powers

Searches and Samples: Initial Booking: -No automatic right to search-Only non-intimate search can be made but only if custody officer thinks there is a good enough reason. Strip Search: -Only if a prohibited article is suspected-Men; one half of clothing then the other-Women; a robe or something similar is to be worn Intimate Search: -High ranking officer -Class A drugs; a suitably qualified person can search-Article that could cause harm Non-Intimate Samples: -Finger prints...-Must try for consent however can use reasonable force Intimate samples: -Examples; blood, semen, pubic hair, dental impression, genital swats-Only a Dr/nurse can obtain these and consent must be given. Interview: Rooms: -Adequately heated, lit and ventilated-Must be offered a seat-Breaks at meal times and every 2 hours Tape Recording: -Must be recorded-2 copies-Who's present at the beginning and time and when it finishes and time Appropriate Adult: -When D is under 18 OR mentally venerable there must be an appropriate adult present at all times Right to Silence? -s34-39 Criminal Justice and Public Order Act (1994)can stay silent but it can be used against you in a court of law. Protection of Suspects: -s76 Public and Criminal Evidence Act (PACE) 1984cant be used if obtained through (oppression- torture, inhumane or degrading) Detention: Powers of Detention: -Brought before a custody officer as soon as possible -Custody officer musts start a record Time limits: -Summary;24 hours-indictable; 36 hours (senior officers permission) / 96 hours (if granted by magistrates)-Terrorism; 14 days Rights of a Detained Person: -Someone informed off the arrest-Told of available legal advice-Consult with lawyer Limitations on rights: -Can be delayed for 36 hours if offence was indictable (only exceptional circumstances 'R v Samuel (88)'-Applies to under 18 and mentally venerable 'R v Aspinall (99)'-Can refuse a phone call