Police Custody by Layla Skinns

Author:Layla Skinns [Skinns, Layla]
Language: eng
Format: epub
Tags: Social Science, Criminology
ISBN: 9781136681172
Google: RwBSEWf1CkEC
Publisher: Routledge
Published: 2012-08-06T04:42:23+00:00

Notes

1 The right to silence was not explored as no data were collected at the point of arrest, which is when suspects are supposed to be ‘cautioned’ by the police; this is when suspects are informed that ‘you have a right to remain silent, but it may harm your defence if you do not mention when questioned something which you later rely on in court’.

1 There may have been mistakes on the custody records; for example, there were two rape suspects who were supposedly not read their rights. The gravity of the offence suggests that this was implausible.

3 Sanders et al. (1989: 47) found that such secondary reading of suspects’ rights, for example once they were sober, only took place in 20 per cent of cases.

4 There is general advice in para. 1.7 about allowing suspects access to their rights as soon as is practicable, that any delays should be justifiable and that steps should be taken to prevent unnecessary delay and, more specifically, in para. 3.6 it says that any reasons for delaying information on rights at the police station should be recorded.

5 Cape (2006: 432) says that the only part of the PACE Code of Practice C that does not apply to suspects taken to a police station as a place of safety under mental health legislation is para. 15 which relates to reviews and extension of detention: these kinds of detainees can be held for up to 72 hours to allow examination by a doctor and an approved social worker to arrange a transfer to a psychiatric institution, if it is required.

6 Indeed, these inconsistencies in the way suspects are read their rights are inevitable, unless the police were to play an audio-visual recording for suspects to watch.

7 Bottomley et al. (1991) found that those requesting intimation had increased from 14 per cent in 1981 to 26 per cent in 1986 and to 23 per cent in 1987. Similarly, Brown (1989) found that 18 per cent of suspects requested that someone be notified of their arrest. However, in both studies the request rate varied depending on the seriousness of the offence and the police station, as well as whether the suspect was a juvenile.

8 In relation to private prisons, Genders and Player (2007) argue that an initial period of financial leniency can be followed by companies pressuring managers to make a profit.

9 Sometimes detention did take longer if a suspect requested a legal advisor, although this could be as much to do with legal advisors as the police (Skinns, 2010).

10 In total, data from 855 cases were included in the step-wise binary logistic regression used to analyse predictors of requests for legal advice. The Hosmer Lemeshow test showed that the model was a good fit on the basis of the five police-related factors alone (χ2=9.093, p=0.334); this indicated that the model does not differ significantly from the observed data. The estimates of R2 ranged from 0.111 to 0.150, which is the proportion of the variance explained by the variables in the model.

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