At the Police Station

Someone who has lawfully been arrested must be taken to a police station. The person responsible for his or her detention is called the “custody officer” and is a police officer having at least the rank of sergeant. On arrival at the police station the custody officer must decide whether there is sufficient evidence to charge the person with the offence for which he or she was arrested. If there is not enough evidence to charge immediately, the arrested person may be released without charge, or he or she may be detained for as long as is necessary to put the charge to him or her, and then he or she may be charged.

To charge a person is simply to state the allegation to him in this way: “John Henry Smith, you are charged that on the 25th day of September 1992 you did steal a watch, being property of..., followed by this warning: “You do not have to say anything unless you wish to do so, but what you do say may be given in evidence”. This warning is a statement of the right to silence. The legal significance of a charge is that detention for questioning ends with a charge. There is a very limited set of circumstances where questioning will be allowed after the charge. Also, once somebody is charged he has to be brought before a magistrates’ court.

If there is insufficient evidence upon which to charge the arrested person, then he or she may be detained without charge for further questioning and whilst further inquiries are made. In the main, the sort of evidence which is sought by the police is a confession by the accused person that he or she committed a crime. Most potent evidence is supplied by the defendant who pleads not guilty if he or she confessed to the police while being held in custody. Indeed, the fact that the defendant confessed is often a matter which will influence a lawyer advising a client to suggest a plea of guilty.

Where the custody officer is not satisfied that there is sufficient evidence upon which to charge the arrested person, the person must be released forth with unless at least one of two conditions is satisfied. The custody officer must have reasonable grounds for believing that the detention before charge is necessary: (a) to secure or preserve evidence relating to an offence for which the arrest was made, or (b) to obtain such evidence by questioning.

In the first instance, detention without trial is limited to 24 hours, and the person detained must be released as soon as the condition which warranted the detention in the first place ceased to apply. Detention must be reviewed after six hours and then every nine hours.

LESSON 24

1. Topic Activities:	Investigation
2. Speaking:	Discussion
3. Supplementary reading:	Arrest and Arraignment

Дата добавления: 2015-11-14