England and Wales
In England and Wales, the custody officer must make a decision to authorise or refuse the detention of any detainee presented before him. This also applies to detainees presented before them by other public servants with power of arrest who may use the suite from time to time, for example revenue and customs officers and immigration officers. The officer presents the arrested person to the custody officer and explains the circumstances of the arrest, with further detention of the person being authorised if the custody officer deems it necessary to do so. It is not the custody officer's duty to determine whether the arrest was lawful or not, code G of PACE states that this duty rests on the arresting officer.
The custody officer must ensure that during the whole time the person is detained at the custody suite, police officers and police staff who deal with the detained person adhere to the PACE Codes of Practice regarding the rights and treatment of persons arrested. [1]
These Codes of Practice include various requirements regarding time limits and record keeping for certain procedures that may take place whilst the person is in custody and the custody officer is responsible for ensuring these too. [1]
An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Northern Ireland and Scotland. Most law enforcement is carried out by police officers serving in regional police services within one of those jurisdictions. These regional services are complemented by UK-wide agencies, such as the National Crime Agency and the national specialist units of certain territorial police forces, such as the Specialist Operations directorate of the Metropolitan Police.
A police community support officer, or as written in legislation community support officer is a uniformed member of police staff in England and Wales, a role created by Section 38(2) of the Police Reform Act 2002, which was given Royal Assent by Queen Elizabeth II on 24 July 2002. They are non-warranted but provided with a variety of police powers and the power of a constable in various instances by the forty-three territorial police forces in England and Wales and the British Transport Police.
Northamptonshire Police is the territorial police force responsible for policing the county of Northamptonshire in the East Midlands of England, in the United Kingdom.
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court. In fewer, they are killed.
"Stop and identify" statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of a crime to state their name. If there is not reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to identify themselves, even in these states.
In English law, an appropriate adult is a parent, guardian or social worker; or if no person matching this is available, any responsible person over 18. The term was introduced as part of the policing reforms in the Police and Criminal Evidence Act 1984 and applies in England and Wales.
A custody suite is an area within a police station in the United Kingdom designed and adapted to process and detain those who have been arrested, or who are there for purposes such as answering bail.
A Custody Assistant is a non-warranted officer of a police force who assists police officers and custody officers in processing people who have been arrested and detained in a police custody suite. The custody assistant also has responsibilities relating to the care and welfare of the detained person.
Pre-trial detention, also known as preventive detention, provisional detention, or remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.
A Criminal Justice Police Custody and security officer, formerly known as a “turnkey”or “PCSO”, is a uniformed non-warranted of officer of a Scottish police force. Paid by and employed by the Scotish Police Authority.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
An independent custody visitor is someone who visits people who are detained in police stations in the United Kingdom to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation to the escort of prisoners from one place to another, or their custody at court.
The Criminal Justice (Scotland) Act 2016 is an Act of the Scottish Parliament which reformed criminal practice and procedure in Scotland. The act was intended to "modernise and enhance the efficiency of the Scottish criminal justice system".
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).
