Detention And Interrogation, Rights of Suspects

DETENTION & INTERROGATION

A police officer may detain a person, who is under arrest, for the investigation period provided for by section 115 in LEPRA.
The person must be:
1. Released (whether unconditionally or on bail) within the investigation period, or
2. Brought before an authorised officer or court within that period
Investigation period is generally 4 hours, or extended through a detention warrant
Police can ask any question they want to, but the individual has the right to silence, meaning they can also refuse to answer à However, there are some exceptions to this right:
- A driver must produce his or her licence on request
- A person must, if able to, give the name and address of a driver who has been involved in a motor accident
- A person must give information to a customs officer about drug smuggling.

RIGHTS OF SUSPECTS

Right to silence
Right not to be searched, only with a warrant (unless there are reasonable grounds)
The right to be released from custody if a charge is not made within a reasonable time (the investigation period, i.e. 4 hours)
Right for confessions to be free and voluntary.
Right for a minor to have an independent adult person present during questioning

Detention

After a person has been arrested for a crime, he/she is usually detained by the police at the police station and interrogated
Police can generally only detain someone for up to eight hours

Interrogation and the right to silence

Police may question anyone they like, but all citizens have the right to remain silence
Exceptions to this right include: a driver must produce him/her licence on request, a person must give the name and address of a driver who has been involved in a motor accident, a person must give information to a customs officer about drug smuggling
The right to silence extends to the courtroom in the majority of cases
Judges and juries are not supposed to interpret somebody remaining silent as evidence of that person’s guilt

Rights regarding to privacy

A person does not have to supply blood or DNA for forensic tests, unless that person is accused of a serious offence. Citizens to not have to allow police to search their person or their premises except if police have a warrant.

Right to communication

Police are supposed to allow a detained person access to facilities to allow that person to contact a friend, relative, solicitor or doctor. This is not a right, but is stipulated in the police code of practice.

Right to a lawyer

An adult has no absolute right to have a lawyer or an independent witness present when being questioned
Young offenders have the right to have an independent adult present when being questioned illegal evidence
A confession cannot be used in court unless it is made voluntarily. Confessions made to police but not electronically recorded can not generally be used as evidence
A judge can refuse to admit any evidence which has been illegally obtained. He/she must consider the communities interest, as well as ensuring a fair trial for the accused, when deciding to admit or reject evidence.
Generally, police have to prove that evidence they have gathered has been obtained legally if it is to be admitted in court.