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SBP LawAccess all documents on Custody Detention Officer
Attendance at [ insert name of police station ] police station on [ insert date ] at [ insert time ] Dear [Sir/Madam], We act for [ insert client's name ], who has confirmed they will attend an interview at [ insert name of police station ] police station at [ insert time ] on [ insert date ]. As you will know, [ insert client's name ] will be present on a voluntary basis, has fully co-operated with your investigation and continues to do so. Accordingly, we ask that the Custody Sergeant is kindly advised in advance that there is no necessity for [ insert client's name ] to be arrested...
This Practice Note addresses breaches of police bail conditions and failures to attend the police station or court following release on bail from the police station. For general guidance on police bail, see Practice Notes: Police bail, Applicable bail period and How to make representations for bail at the police station. Breach of pre-charge bail conditions Where a police officer has reasonable grounds to believe that pre-charge bail conditions have been broken, they may arrest the suspect without a warrant. However, breaching a pre-charge bail condition is not, in itself, a criminal offence. Once in detention, a decision must be taken on whether to charge the suspect with the offence for which they were originally bailed, or whether to re-release them on bail. On return to the police station, the PACE 1984 clock (the 24-hour detention period) continues from the point at which the suspect was last in custody. An additional three hours are added to the clock to allow the police further time to obtain a charging...
Authorising and ordering intimate searches An intimate search means a physical examination of any of a suspect’s bodily orifices except the mouth. It is an invasive procedure, not merely a visual check. Only an arrested person held in police detention may be subjected to an intimate search. PACE 1984 Code C is engaged. Such a search may be authorised solely by an officer of inspector rank or above who has reasonable grounds to believe that: a detainee has secreted on their person: something capable of causing physical injury to themselves or others, and they might injure themselves or others whilst in police detention or court custody, or a detainee: may have Class A drugs hidden on their person, and at the time of arrest, was in possession of those drugs intending to supply or export them An officer must not...
Reviews of detention before charge Under the Police and Criminal Evidence Act 1984 (PACE 1984), a person held at a police station must have their detention reviewed at intervals to confirm that continued custody is justified. This obligation applies solely to individuals in police detention, regardless of whether they have been charged with an offence. Each review must be carried out by an officer of at least inspector rank who has taken no direct part in the investigation; this officer acts as the review officer. The review is intended to decide if there is adequate evidence to charge the suspect and, if not, whether keeping the suspect in custody is necessary to secure or preserve evidence, or to obtain it through questioning. Before any review is undertaken, the review officer must remind the suspect of the right to legal advice, unless the suspect is asleep. The detainee (unless asleep), or their solicitor, must also be given the chance to make representations, either orally or in writing, about the...