Police and Criminal Evidence Act 1984: Relevance to Sexual Offences Medicine, Lecture notes of Medicine

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Police and Criminal Evidence Act

Relevance to Sexual Offences Medicine Jenny Holmes

FMERSA 2016

Background

• Act and Codes of Prac=ce
• Applies to England and Wales not Scotland
• Equivalent in N. Ireland
• Purpose is to regulate and standardise the police powers and du=es in the inves=ga=on of offences whilst protec=ng the rights and du=es of suspects

Provisions II

• Documentary evidence in criminal proceedings
• Evidence in criminal proceedings
• -­‐ convic=ons and acquiRals -­‐ confessions
• Police complaints and discipline
• Police – general
• Miscellaneous

Authorised Professional Practice Replaces ‘Safer Deten=on and Handling’ Document College of Police Deten=on and Custody Detainee Care sec=on -­‐ > how Police are to prac=cally deliver the statutory obliga=ons of PACE

Changes to PACE Codes of Practice

• Regular revision
• Changes to stop and search
• Right to interpreta=on and transla=on in criminal proceedings
• Extends right to have an Appropriate Adult to 17 year olds and for person responsible for welfare to be informed of their deten=on

What happens when you are arrested? Lawful arrest Cau=on Taken to custody suite of Police sta=on expedi=ously Deten=on authorised by custody sergeant Arres=ng officer has to state grounds for arrest Custody sergeant authorises deten=on – generally on grounds of securing and preserving evidence

Booking In Custody Sergeant must Open a custody record Ensure the detainee is given his rights have someone informed of arrest (+/-­‐telephone call unless special circumstances) right to free legal advice/access to codes of prac=ce Risk assessment of relevant health and social issues Iden=fy if the detainee is vulnerable (eg juvenile/mental health/learning disability/ non English speaker) Determine if sufficient evidence to charge or whether detainee needs to be kept in custody to secure/preserve or obtain evidence Make decisions on charging and bail Ensure detainee is treated in accordance with Act and CoP

Fitness to interview

• Guidance laid out in Code C Annex G
• HCP must consider whether conduc=ng the interview would significantly harm the detainee’s [DP] physical or mental state
• And if what they say may be deemed unreliable in future court proceedings because of their physical or mental state

Fitness to interview II

• It is a FUNCTIONAL test i.e. in certain circumstances someone with severe mental illness may be fit for interview
• HCP may recommend an Appropriate Adult be present if DP vulnerable but FTI
• HCP can recommend length of interview, breaks, reassessment and in excep=onal circumstances may monitor the interview and stop it if DP’s condi=on deteriora=ng dangerously

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Appropriate Adult

Defined meaning under PACE In sexual offences work DO NOT use -­‐ if you want a responsible adult SAY SO

Fitness to detain

Risk assessment – police – ongoing HCP assessment – police have a duty to give all relevant informa=on to HCP re detainee Transfer to hospital 999 where need is urgent Assessment can be by own doctor if laRer agrees at DP’s expense and in presence of HCP and no unreasonable delay

Fitness to detain III

DP must be checked every hour BUT if thought to be intoxicated with drink or drugs or level of consciousness cause for concern Visits at least every ½ hour Rouse according to Annexe H

Annex H

Assessment of level of rousability Can the DP be woken? Go into the cell, Call their name, Shake gently Appropriate answers to ques6ons? What’s your name? Where do you live? Where do you think you are? Appropriate answer to commands? Open your eyes! Liv one arm – now the other arm!