The Role of a Custody Officer
The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain manor and in accordance with the PACE act, some of the processes being more time consuming than others. I will also look at limits of detention and the process of review where the custody officer must work alongside the review officer to determine whether the detainee should be held in custody for a longer period of time to gather further evidence.
Under the Policing and Crime Act 2009, the chief officer must appoint one or more custody officers of at least the rank of sergeant for every designated police station in the area. When undertaking the role of custody officer, an important thing to keep in mind is the Human Rights act 1998. The human rights act is an act of parliament that outlines the basic rights every person should have, regardless of race, age, gender or any other factor. (Legislation 1998) It is important for a custody officer to understand the human rights act as detaining a person can be in close breach of some of the articles within the act, for example article three: Prohibition of torture. The custody officer must understand what actions are acceptable and appropriate to undertake when detaining a person. The use of handcuffs is not classed as a breach of article three of the human rights act, however if the
Under the Policing and Crime Act 2009, the chief officer must appoint one or more custody officers of at least the rank of sergeant for every designated police station in the area. When undertaking the role of custody officer, an important thing to keep in mind is the Human Rights act 1998. The human rights act is an act of parliament that outlines the basic rights every person should have, regardless of race, age, gender or any other factor. (Legislation 1998) It is important for a custody officer to understand the human rights act as detaining a person can be in close breach of some of the articles within the act, for example article three: Prohibition of torture. The custody officer must understand what actions are acceptable and appropriate to undertake when detaining a person. The use of handcuffs is not classed as a breach of article three of the human rights act, however if the
References: - Home Office. PACE Code H 2006 [online] Available from: http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-h?view=Binary [Accessed 23rd April 2012] - legislation.gov.uk (2009) Human Rights act 1998 [online] Available from: http://www.legislation.gov.uk/ukpga/1998/42/contents [accessed 23rd April 2012] - legislation.gov.uk (2009) Policing and Crime act 2009 [online] Available from: http://www.legislation.gov.uk/ukpga/2009/26/contents [accessed 23rd April 2012] - legislation.gov.uk (2009) Police and Criminal Evidence act 1984 [online] Available from: http://www.legislation.gov.uk/ukpga/1984/60/contents [accessed 23rd April 2012] - legislation.gov.uk (2002) Police reform act 2002 [online] Available from: http://www.legislation.gov.uk/ukpga/2002/30/contents [accessed 23rd April 2012] - legislation.gov.uk (2000) Terrorism Act 2000 [online] Available from: http://www.legislation.gov.uk/ukpga/2000/11/contents [accessed 23rd April 2012] - Ministry of Justice. Human Rights: Human Lives [online] Available from: http://www.justice.gov.uk/downloads/guidance/freedom-and-rights/human-rights/human-rights-handbook-for-public-authorities.pdf [Accessed 23rd April 2012] - Ozin, P, Norton, H, and Spivey, P. (2006) PACE: A practical guide to the Police and Criminal Evidence Act 1984. New York: Open University Press inc. - Rogers, C, and Lewis, R. (ed.) (2007) Introduction to Police Work. Devon: Willan Publishing. - Your Rights. Police Detention [online] Available from: http://www.yourrights.org.uk/yourrights/the-rights-of-suspects/police-powers-of-arrest/police-detention.html [Accessed 23rd April 2012]