National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Police Powers and Procedures (PACE) Syllabus

On what basis can a custody officer authorise detention before charge under s.37 PACE?

If there is NOT sufficient evidence to charge, detention may be authorised where the custody officer has reasonable grounds to believe detention is necessary to secure or preserve evidence relating to the offence, or to obtain such evidence by questioning. If there IS sufficient evidence to charge, the person should be charged or released.

State the standard PACE detention time limit and the first review points.

Initial detention without charge: up to 24 hours from the 'relevant time'. Reviews: first not later than 6 hours after detention authorised, then at intervals of not more than 9 hours. The first review is by an inspector (review officer) not involved in the investigation.

How can detention without charge be extended beyond 24 and beyond 36 hours?

Up to 36 hours: authorised by a superintendent (or above) for an indictable offence where necessary to secure/preserve/obtain evidence and the investigation is conducted diligently/expeditiously. Beyond 36 up to 96 hours: only on application to a magistrates' court for a warrant of further detention (two warrants, each up to 36 hours, max total 96 hours).

What is the 'relevant time' (detention clock start) for a person arrested away from the station?

The relevant time is the time the person arrives at the first police station to which they are taken after arrest, OR 24 hours after arrest, whichever is earlier (with specific rules for those arrested outside the relevant force area or attending voluntarily).

Under s.58 PACE, what is the right to legal advice and when can it be delayed?

A detained person has the right to consult a solicitor privately at any time, free of charge. For an indictable offence, access may be delayed up to a maximum of 36 hours, authorised by a superintendent, on reasonable grounds that exercising the right would lead to interference with evidence/witnesses, alerting others, or hindering recovery of property.

Under s.56 PACE, what is the right to have someone informed of arrest and how long can it be delayed?

A detainee may have one person known to them informed of their arrest and whereabouts, as soon as practicable, free of charge. For an indictable offence this may be delayed up to a maximum of 36 hours on the authority of an inspector (or above) on the same grounds as for delaying legal advice.

What is an 'appropriate adult' and who needs one?

An appropriate adult safeguards the interests of juveniles (under 18) and vulnerable adults during detention/interview. For a juvenile it is a parent/guardian/social worker or another responsible adult 18+ (not a police officer/employee). They are required to be present for interviews and certain procedures.

Define an 'interview' under PACE Code C.

An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence which, under the caution, must be carried out under caution. Questioning only to obtain information in the ordinary course of an officer's duties (e.g. to verify a written record) is not an interview.

What are the rules on the conditions of an interview room and breaks under Code C?

Interview rooms must be adequately heated, lit and ventilated; detainees must not be required to stand. Breaks should be made at recognised meal times (approximately every 2 hours), and in any 24-hour period a detainee must be allowed a continuous period of at least 8 hours' rest, normally at night, free from questioning.

When must an interview be audio recorded under Code E, and what are the safeguards?

Interviews with a person suspected of an indictable offence must normally be audio recorded. The recording is made on the approved equipment, the suspect is told it is being recorded and cautioned, and at the end a master copy is sealed in the suspect's presence.

What are the four types of identification procedure under Code D, in order of preference?

(1) Video identification (the preferred/first option), (2) Identification parade, (3) Group identification, (4) Confrontation (last resort, no consent needed). The identification officer (at least inspector, not involved in the case) decides the method.

When must an identification procedure be held under Code D?

Whenever an eyewitness has identified or purports to be able to identify a suspect, or there is a witness who expresses an ability to identify, and the suspect disputes being the person, a procedure must be held UNLESS it is not practicable or would serve no useful purpose (e.g. the suspect is well known to the witness).

How many people (in addition to the suspect) must appear in a video identification and an identification parade under Code D?

At least 8 other people for video identification, who must resemble the suspect in age, general appearance and position in life. For an identification parade, the suspect must be among at least 8 other people who similarly resemble them.

Under s.61 PACE, when may fingerprints be taken without consent?

Fingerprints may be taken without consent where a person has been arrested for/charged with a recordable offence, or convicted of a recordable offence, or where an inspector authorises it to confirm/disprove identity, among other statutory circumstances. The person must be informed of the reason and that they may be subject to a speculative search.

Distinguish intimate and non-intimate samples under s.62 and s.63 PACE.

Intimate sample (s.62) = blood, semen, urine, other tissue fluid, dental impression, or a swab from a body orifice other than the mouth; requires written consent AND inspector authorisation. Non-intimate sample (s.63) = hair (not pubic), nail/under-nail, mouth swab, saliva, skin impression, footwear impression; may be taken without consent for a recordable offence.

What inference may be drawn if a suspect refuses to provide an intimate sample without good cause?

Under s.62(10) PACE, a court or jury may draw such inferences as appear proper from the refusal to consent to an intimate sample without good cause, and the refusal may be treated as corroborating other evidence against them.

Under s.54 PACE, what is the custody officer's duty regarding searching a detained person?

The custody officer must ascertain and record everything a detained person has with them. They may authorise a search to the extent reasonably considered necessary, and may seize and retain anything found (clothes/personal effects only if there are reasonable grounds to believe they may be evidence or used to cause harm/escape/damage).

What authority is required for an intimate search under s.55 PACE and who may carry it out?

An intimate search requires authorisation by an officer of at least inspector rank. It may only be for Class A drugs or a harmful article the person could use to injure themselves or others. A drugs search must be carried out by a registered medical practitioner or registered nurse at a hospital/surgery/medical premises; a harmful-article search may be carried out by a suitably qualified person or, if necessary, an officer of the same sex.

What is a strip search under Code C Annex A and what are the key safeguards?

A strip search is a search involving the removal of more than outer clothing. It may only be conducted where reasonably considered necessary to remove an article the detainee would not be allowed to keep. It must be carried out by an officer of the same sex, out of sight of others, with at least two people present (and never in the presence of anyone of the opposite sex).

When and by whom is the decision to charge made, and what is the role of the CPS?

Once there is sufficient evidence to provide a realistic prospect of conviction, the custody officer (or CPS for more serious/complex offences under the charging arrangements) decides the charge. The CPS applies the Full Code Test (evidential stage + public interest stage) for offences they must determine.

What words and caution accompany the charging of a suspect under Code C?

When charged, the person is cautioned: 'You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.' They are given a written notice showing the particulars of the offence, the officer's details and the case reference.

What is a simple caution and what conditions must be satisfied to administer one?

A simple caution is a non-statutory disposal for adults admitting a minor offence. Conditions: there is evidence the offender committed the offence; the offender admits the offence; the offender understands the significance and gives informed consent; and it is in the public interest. It is not a criminal conviction but is recorded and may be cited in court.

Distinguish a simple caution, a conditional caution and a youth caution.

Simple caution = adult, no conditions attached. Conditional caution (s.22 CJA 2003) = adult, with conditions (rehabilitative, reparative or punitive) that, if breached, may lead to prosecution. Youth caution / youth conditional caution = the equivalent disposals for offenders under 18 under the Crime and Disorder Act 1998 framework.

Under s.22 PACE, what is the general power to retain seized property and its limits?

Anything seized may be retained so long as necessary in all the circumstances, e.g. for use as evidence at trial, for forensic examination, or in connection with an investigation. Property may NOT be retained if a photograph or copy would suffice, and items needed for evidence cannot be retained if the owner can be permitted to keep them.

What are the bail options when releasing a person after arrest without charge (post-October 2017 / 2022 changes)?

A person may be released without bail (released under investigation, RUI) or released on pre-charge bail. Pre-charge bail must be necessary and proportionate; an inspector authorises, with an initial period of up to 3 months (extendable). Conditions may be attached where necessary to prevent failure to surrender, further offences, or interference with witnesses/justice.

What is the difference between unconditional and conditional bail after charge (s.47 PACE / Bail Act 1976)?

After charge, the custody officer must release on bail unless an exception applies. Conditional bail may impose conditions (e.g. residence, curfew, sureties, surrender of passport, non-contact) where necessary to ensure the person surrenders to custody, does not offend on bail, and does not interfere with witnesses or obstruct justice.

What detention powers exist after charge under s.38 PACE?

After charge the custody officer must release the person (with or without bail) UNLESS grounds exist to detain, e.g. name/address cannot be ascertained/are doubted, detention is necessary for the person's own protection or to prevent harm/loss, or there are reasonable grounds to believe they will fail to appear or interfere with the administration of justice. Juveniles have additional considerations.

What is the procedure for a person who fails to answer police bail (Failing to surrender)?

A person who fails without reasonable cause to surrender to custody at a police station as required commits an offence under the Bail Act 1976 and may be arrested without warrant under s.46A PACE. They are then dealt with for the original matter and the bail failure.

Under s.30 PACE, what is the general duty regarding taking an arrested person to a police station?

Where a person is arrested at a place other than a police station, they must be taken to a police station as soon as practicable after the arrest, unless their presence elsewhere is reasonably necessary to carry out investigations immediately (any delay must be recorded). They must normally be taken to a designated police station.

What is the significance of a 'recordable offence' in the context of fingerprints and samples?

A recordable offence is one for which the police are required to keep records (broadly all imprisonable offences plus certain specified non-imprisonable ones). The powers to take fingerprints and non-intimate samples without consent, and to retain biometric data, generally depend on the offence being a recordable offence.