ABSTRACT

The legal protection of your client’s civil liberties at the police station is to be found in both the substantive provisions of the Act and the Codes of Practice issued under the Act.

In attending a client at the police station you will need a working knowledge of the following provisions: Code C relating to the treatment and detention of suspect at the police station; Code D which deals with identification procedures adopted by the police and Code E the tape recording of interviews. In addition to the Codes you should also be familiar with the following substantive provisions including: s 56 of the PACE 1984 which provides that the suspect is entitled to inform someone of their arrest, subject to certain conditions under which the right can be suspended; s 58 of the PACE 1984 which provides that the suspect is entitled to receive legal advice, subject to certain conditions under which the right can be suspended and s 77 which deals with the procedure to be adopted by the police in relation to a suspect whom they believe to be mentally handicapped. These will be discussed in more detail below but first it is necessary to consider the role of the custody officer.