Detention of suspects

Detention of suspects is the process of keeping a person who has been arrested in a police-cell, prison or other detention centre before trial or sentencing.

Detention before charge

Treatment in detention

England and Wales

The treatment of suspects held in detention is governed by [http://police.homeoffice.gov.uk/publications/operational-policing/2006_PACE_Code_H.pdf?view=Binary Code H] to the Police and Criminal Evidence Act 1984 in the case of suspects related to terrorism and by [http://police.homeoffice.gov.uk/publications/operational-policing/2008_PACE_Code_C_(final).pdf?view=Binary Code C] in other cases. It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984 are not breached. [Police and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?&ActiveTextDocId=1871604 section 39] .]

In particular, a person detained has the following rights; and must be informed of these rights at the earliest opportunity:
* to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told that he has been arrested and where he is being detained [Police and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871629 section 56] .] ; and
* to consult a solicitorPolice and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871631 section 58] .] ;

earches in detention

England and Wales

Non-intimate searches

The Custody Officer must record everything which an arrested person has with him at the police station and may search a person to the extent that he considers it necessary to do so. The Custody Officer may seize anything, but may only seize clothes or personal effects if the Custody Officer:
* believes that the person from whom they are seized may use them—
** to cause physical injury to himself or any other person;
** to damage property;
** to interfere with evidence; or
** to assist him to escape; or
* has reasonable grounds for believing that they may be evidence relating to an offence.Police and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871626 section 54] .]

An Inspector also has a limited power to order a search of an arrested person in order to facilitate establishing the identity of a person, particularly by discovering tattoos or other marks.Police and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871627 section 54A] .]

Where such a search requires more than the removal of the arrested person's outer clothing, the provisions of [http://police.homeoffice.gov.uk/news-and-publications/publication/operational-policing/PACECodeCH.pdf?version=1 Code C] to the Police and Criminal Evidence Act 1984 relating to strip searches apply.

Intimate searches

An intimate search is a search of the bodily orifices (other than the mouth). It should be conducted by a suitably qualified person unless this is impracticable and done in the presence of two other people. An intimate search requires the authorisation of an inspector and may only be made in one of the following circumstances:Police and Criminal Evidence Act 1984, [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871628 section 55] .]

Bail

The term "remand" may be used to describe the process of keeping a person in detention rather than granting bail. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand. Reasons for being held in custody on remand vary depending on the local legal system, but may include:

*the suspect has been accused of carrying out a particularly serious offence
*the suspect having previous convictions for similar offences
*reasons to believe the suspect could leave the court's jurisdiction to avoid its trial and possible punishment
*reasons to believe the suspect may destroy evidence or interfere with witnesses
*the suspect is likely to commit further offences before the trial
*the suspect is believed to be in danger from accomplices, victims, or vigilantes In most countries, remand prisoners are considered innocent until proven guilty by a court and may be granted greater privileges than sentenced prisoners, such as:

*wearing own clothes rather than prison uniform
*voting in elections
*being entitled to additional visiting hours per week
*not being required to complete prison-related work or education

Although remanded prisoners are usually detained separately from sentenced prisoners, due to prison overcrowding they are sometimes held in a shared accommodation with sentenced prisoners.

ee also

* Powers of a Law Enforcement Agency
* Nightwalker Statute

References