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Law Essay- Machinery of Justice Shane has been arrested by police and taken to the police station. Discuss the extent of any protections he enjoys while at the police station. Shane’s rights whist in custody is mainly stated in many sections of the police and criminal evidence act (1984) and are as follows: Rights to legal advice is contained in section 58 of PACE, it states that Shane can be arrested and held in custody at a police station and he is entitled to consult his solicitor. This right may be delayed for up to 36 hours if the offence is a serious criminal offence and a senior officer has grounds for believing that is would involve loss or damage to property or lead to harm to other person. So in Shane’s case he has committed burglary which is an arrestable offence so his right to consult a solicitor can be delayed. An example of this is shown in the case of R V Samuel (1988). Samuel was arrested for robbery, although he informed his mother of his arrest he wasn’t allowed to inform his solicitor, this resulted in the case being overturned as the evidence obtained did not help the case. Rights to inform someone of detention is stated in section 56 of PACE. When arrested Shane has the right to inform a relative or another person of his arrest but as with legal advice this can be delayed. Code C states that there must be reasonable provision of food, rest and exercise. The rules applied when interviewing the subject are stated under section 53 of PACE. The interviews at the police station must be tape-recorded and sealed only to be opened when presented as evidence in court.
Approximate Word count = 1131
Approximate Pages = 4.5
(250 words per page double spaced)
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