ABSTRACT
PACE provides the police with certain powers and responsibilities under ss 56 and 58 and Code C in relation to a suspect held in police detention. In addition to the role of the custody officer and the requirement for a review of detention, these include:
• where there are grounds to suspect a person of an offence the right to be cautioned;
• the right to be cautioned where an interview recommences after break;
• the right to read a copy of the relevant Codes of Practice;
• to be informed of their rights under PACE and the Codes of Practice;
• the right to refreshment and meal breaks at appropriate times in compliance with Code C to include eight hours rest within a 24-hour period;
• an overriding duty on the police to charge an individual as soon as there is sufficient evidence to justify a charge;
• s 56 allows a suspect who has been arrested to contact a friend or relative informing them of his or her arrest and the police station at which he or she is being held;
• s 58 allows a suspect who has been arrested to obtain legal advice at any time;
• the consultation should be in private, in person or by telephone;
• the consultation can be with the suspect’s own solicitor or where he or she is not available with the duty solicitor;
• where a request for legal advice has been made, the suspect should be asked no further questions by the police until after the suspect has received the legal advice;
• where a suspect has exercised his or her rights under s 56 and/or s 58 the matter should be noted in the custody record.
