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(1) Police powers, MCQ question 1 - answer C
MCQ question 2 - answer D …
(1) Police powers
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Situations
Stuart asks:
- Why was I refused legal advice?
- Why can I not speak to my brother?
- How long can I be kept here?
Feedback - Right to consult with a solicitor
- Relevant section: S.58
- Application:
- Stuart has this right, and his request has been noted in the custody record (CR) at 00.17
- Delay noted in CR at 00:40
- S.20 Offences Against the Person Act 1861 is an indictable offence
- The delay must be authorised by an officer of at least the rank of superintendent which is not apparent
- Would a superintendent have the necessary grounds on these facts?
- No, because none of the grounds under S.58(8) exist
- COP C Annex B
Blackstone's Criminal Practice 2026
- D1.52, D1.55, D1.67, D1.68
Feedback - Right to have someone notified/not to be held incommunicado
- Relevant section:S.56
- Application
- Stuart has this right, and his request has been noted in the CR at 00:17
- Delay noted in the CR at 00:34
- S.20 is an indictable offence
- The delay must be authorised by an officer of at least rank of inspector which is not apparent
- S.56(5)(b) - will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it
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- MCQ question 1 - answer C
- MCQ question 2 - answer D - because she was not at the scene of the crime per S.36-37
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