How long can the police hold you if arrested? If arrested the police can hold a person for 36 hours without charge.
The 36 hours starts from the time that the persons arrival at the police station. The detention is reviewed at intervals of 6 hours, 9 hours and 9 hours by an Inspector (up to 24 hours). Then at 24 hours, a Superintendent can extend the custody time for up to a further 12 hours. This extension used to be for serious arrestable offences only, but it is now possible for any indictable offence. This includes such things as ABH, shoplifting, joyriding (aggravated) and possession of drugs.
The Inspectors and Superintendents that review and extend the detention have to be satisfied that the investigation is being conducted diligently and expeditiously and that the detention is necessary. This means that the investigating officers have to demonstrate that they are making enquiries such as taking statements or viewing cctv, as well as interviewing the suspect.
If the police want to hold you for more than 36 hours then they have to apply to a magistrates court for extensions. Extensions may be applied for in blocks of up to 36 hours at a time, up to a maximum of 96 hours from the time that the suspect first arrived at the police station when arrested. So with these warrants of extended detention the police can hold you for a total of 96 hours. The police (not the CPS) make the application to the magistrates for an extension, and although magistrates usually grant the first application, they may not grant as many hours as the police want. This means the police may have to make a second or third application to the magistrates to hold a person for the full 96 hours.
If the suspect attends a hospital for treatment then the custody clock is suspended for the time he is away from the police station. This suspension of the custody clock does not happen if the person receives medical treatment at the police station. When charged with an offence this custody clock stops. Charged means told that you will be prosecuted and given a court date. When charged the police have to either bail you with or without conditions, or keep you at the police station for the next court. None of these times apply to terrorist/terrorism offences.
What is revenge porn? Previously dealt with under existing Harassment or Malicious Communications law, there is now a specific offence. The offence is that of distributing a private sexual image of someone without consent, and with the intention of causing them distress. This is commonly called revenge porn.
Revenge porn has become a growing phenomenon in recent years. It usually involves the posting and sharing on the web of intimate images of former lovers without their consent. Such actions, often by spurned men, are designed to degrade and humiliate ex-partners in the cruelest and malicious way. Victims have spoken out of how they have been traumatised by the images of their bodies being ogled and mocked by thousands of men. The maximum custodial sentence is two years.
Distributing an image has a wide definition. It can range from uploading the image to a pornographic website, sharing on social media. Also simply sending it via sms to a friend’s handset. Therefore uploading a naked or pornographic image of a person without their consent is now illegal.
This does not apply to offences committed before March 2015 when the Act relating to revenge porn came into force. Police powers in relation to revenge porn are the same as with any indictable offence. A person may be arrested. Their phone and computer equipment maybe seized, and browser history checked. Or the person may be invited to the police station for a voluntary interview under caution.
Revenge porn has been described by the courts as “a highly vindictive invasion of privacy, done with the intention of humiliating and hurting a victim”. A number of people in the UK have already been convicted under the revenge porn laws, including a woman and a youth. One person was jailed for 16 weeks. Instagram and Facebook have been used.
Joy riding TWC TWOC TDA. Taking without consent, taking and driving away, taking a conveyance, stealing a car, nicking a car, or as the press likes to call it, Joy riding. For the purpose of this blog, sections 12 and 12A of the theft Act shall be known as joyriding.
All names for taking someone’s car, or boat, or motorcycle for your own or another’s use. Joyriding is not theft if there is no intention to deprive the owner of it permanently. So TWC or joy riding as it is known, was introduced to fill this loophole in the law. For the joyriding offence to be complete, it has to be for your own or another’s use. Simply moving a car that is causing an obstruction is not joy riding. Untying boats and letting them drift from the mooring is not joy riding, but taking one for a row is. Taking a car for a test drive and keeping it longer than permitted is not joy riding, because it was taken with permission (it could be theft of petrol however). Conveyance means any conveyance constructed or adapted for the carriage of a person or persons whether by land, water or air (planes!). It does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it. So wheeling away a handcart, wheelbarrow or shopping trolley is not joy riding even if your mate is in it!. There is a separate offence of taking a pedal cycle.
There is an aggravated offence called aggravated vehicle taking. Aggravated means made worse. If a mechanically propelled vehicle is taken without consent and it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven dangerously, an accident occurred which caused injury, damage to other property or the stolen vehicle, then the aggravated offence is complete. Aggravated vehicle taking elevates the maximum sentence from 6 months imprisonment to 2 years. So the advice is don’t take someone else’s car and go joy riding, but if you do don’t crash it. If you kill someone it is 14 years! There is also an offence of knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it. This covers passengers in cars that go joy riding.
Festival security search powers. With the festival season about to start this a probably a timely reminder of the search powers that festival security staff have at music festivals.
Festival security are not police officers. Festival security do not have the power to search you or your property. Festival security have no power to search your car or your tent. Festival security do not have the power to use force to search you. You are not required to give your name and address to festival security. The only power that festival security have over and above any citizen powers is that of refusing you entry to the festival, or asking you to leave.
Festival security will argue that it is a condition of entry that you consent to be searched. What that means is that if you do not consent to be searched then the consequence is that you may be refused entry to the festival.
You can withdraw your consent to be searched at any time before or during the search. This is your legal right.
Some festival security staff now use passive drugs dogs to sniff you. If a festival security dog indicates that you may have drugs you can still refuse to be searched by festival security.
If a member of festival security uses force in order to search you without your consent, then this unlawful and is an assault. If this happens then you should report the matter to the police. This can be done at any time.
The festival security powers to use force to search are the same whether inside or outside the festival – none.
If you are arrested by police following an unlawful search by festival security then you should make your solicitor aware, as this is potentially a defence if the evidence was obtained unlawfully.
Festival security have also been known to cut off wristbands that have been lawfully purchased by the customer. If festival security use force to do this, say for instance your hands are in your pockets or in the air, then this is also an assault.
If you are assaulted this year at a festival by festival security be sure to ask the person who assaults you for his name. Report the matter as soon as possible to the police. It would help the police to identify him if his photograph was taken also.
Festival security do have the same powers as every other citizen. These are, where an indictable (can be heard at crown court) offence has been committed; they can arrest someone if…
• The person is causing physical injury to himself or others
• The person is suffering physical injury
• The person is causing loss of or damage to property
• The person is absconding before a constable can assume responsibility for him
These powers only exist where an indictable offence HAS been committed. There is no mention of searching.
The police do have powers to use force when searching, and can require the removal of clothing.
The police to not have a power to cut off wristbands on behalf of the festival organiser. This has been successfully challenged in the past. Unless the police want to seize the wristband as evidence of an offence then they have no power to use force to take it. Police officers work for the Crown not festival organisers.