INTRODUCTION
The following is a brief outline of some of the main statutory provisions governing Police powers and persons rights whilst in Police Custody.DETENTION OF SUSPECTS
A person who attends voluntarily at a Police Station (that is to say, someone who attends without having been arrested) is free to leave at any time unless and until he is arrested.POLICE CAUTION
Once a police officer has reason to believe that a person has committed an offence they must caution that person. The caution is that the person need not say anything but if they do not say anything, which they later use in their defence the court, may decide that the persons failure to mention it strengthens the case against them. A record will be made of anything that person says and it may be used in evidence if that person is brought to trial.LEGAL ADVICE
A person who attends a Police Station either voluntary or having been arrested, has the right to free legal advice, in private at any reasonable time. It is often better not to answer questions (except name address and other basic details) until a person has had the chance to speak to a solicitor.CUSTODY OFFICER
Supervision of the detention of arrested persons is the job of a Police Officer called the Custody Officer, who should not be involved in the investigation of the offences for which the suspect has been arrested. One of the many responsibilities of the Custody Officer is to maintain a record of the suspect's detention. The detained person or his legal representative may later inspect this.The Custody Officer can detain an arrested person while he decides what action to take. Where a Custody Officer believes there are grounds for detaining a suspect but that there is in sufficient evidence to charge him, he should release him unless he believes detention is necessary to secure or preserve evidence relating to the offence for which the suspect was arrested, or to obtain evidence by questioning.
TIME LIMITS
Detention is subject to strict time limits. The general rule is that a suspect may not be detained for any longer than 24 hours without charge. In the case of "serious arrestable offences" (for example murder, rape, kidnapping) the period of detention may be extended to 36 hours with the authority of a Police Officer of the rank of Superintendent or above, or up to 96 hours on the order of a Magistrates' Court.Detained persons have the right to have a friend or relative informed of their arrest and place of detention. They are entitled to writing materials and to talk on the telephone to one person for a reasonable amount of time. Perhaps the most important of a detained person's right is the right of access to a Solicitor. He has a right to consult and communicate privately with a Solicitor at any time. If he does not know of a Solicitor but there is a Duty Solicitor scheme covering that Police Station, he must be told of it. Denial of access to a Solicitor may result in the exclusion of evidence at the subsequent trial.
