Your Information to Visiting a Beloved One in Police Custody

September 1, 2023by Naomi Cramer

It’s the decision that no parent, companion, or good friend ever desires to listen to. Receiving a phone name from your beloved on the police station informing you that they’ve been arrested is a chilling second, and also you in all probability have many questions flooding by means of your thoughts. You is perhaps asking your self what process the police will likely be following, and the way lengthy they’re permitted to detain an individual in custody. You would possibly wish to attend the police station to deliver one thing vital for the detained individual, equivalent to medication or the contact variety of their lawyer, and are questioning if that is allowed. Or maybe you might be questioning for those who can go to them to supply ethical help. This text goals to reply your questions in relation to what occurs when an individual is taken into police custody, and whether or not you have got the precise to go to them. What occurs when somebody is taken into police custody in Auckland and Auckland?

When an individual is arrested and brought into police custody in Auckland and Auckland, the codes of observe beneath the Police and Criminal Proof Act 1984 (PACE) set out rules in respect of how they need to be handled. Code C units out the provisions for detention, therapy, and questioning of detained individuals by cops. In the meantime, Code H units out these provisions within the context of questioning individuals detained beneath the Terrorism Act 2000. Code D units out the foundations referring to acquiring biometric info.

Overarching rules

The overarching precept is that individuals shouldn’t be saved detained on the police station longer than needed. Code C states that ‘all individuals in custody have to be handled expeditiously, and launched as quickly as the necessity for detention now not applies.’ As within the outdoors world, cops are entitled to make use of affordable drive towards a detained individual, while finishing up their duties. Nonetheless, extreme or arbitrary drive by cops isn’t lawful.

Weak individuals and juveniles

Cops are obliged to look out for any indicators that an individual taken into custody could also be weak and require particular therapy. For instance, if an individual has psychological well being points or a studying incapacity. If an individual seems to be severely mentally unwell such that they seem to lack psychological capability, the police should observe the process to have them detained beneath the Psychological Well being Act 1983.

The place the detained individual is a child beneath the age of 18, or is classed as weak, there have to be an ‘applicable grownup’ current to help them. The position of an applicable grownup is to safeguard the rights, entitlements, and welfare of the detained individual. This may very well be a parent, social employee, or another accountable grownup.

Process on the police station

When an individual goes into police custody, they need to be informed by the custody officer that they’ve the precise to seek the advice of a solicitor and the precise to have somebody knowledgeable of their arrest. They’ve a proper to entry a duplicate of the PACE codes of observe. In addition they have the precise to an interpreter, in the event that they want one. They have to be informed which offences they’ve been arrested for. If they’re arrested for additional offences while they’re in custody, they need to additionally learn of those.

When an individual is detained at a police station, the police are obliged to open a custody file that particulars the entire occasions that happen on the police station in relation to that individual. The detainee has the precise to acquire a duplicate of the custody file. This is usually a useful gizmo if the detainee later needs to problem the lawfulness of their therapy on the police station.

The detainee ought to be given a written discover of those rights, and the opposite rights to which they’re entitled together with the precise to stay silent and the precise to entry paperwork and different proof important to problem the cost towards them. They need to even be notified of the utmost interval for which they are often detained.

The police will then normally take biometric and forensic info from the detainee, equivalent to fingerprints, different physique prints, and blood samples. The provisions for this are set out in Code D. If an individual doesn’t consent to their fingerprints being taken, affordable drive could also be used to do that.

If the police are involved that an individual could also be bodily or mentally unfit to be interviewed, they need to ask a healthcare skilled to carry out an evaluation to verify their health to be interviewed. The place the detained individual requests {that a} solicitor be current, they can’t be interviewed till a solicitor is in attendance and so they have had the chance to seek the advice of with them in non-public. If the detained individual didn’t request a lawyer, they have to be reminded of their proper to authorized recommendation at the beginning of the interview.

After the interview, a charging resolution will then be made. That is typically made by the police or, for extra critical offences, the proof is distributed to the CPS for them to decide relating to whether or not to cost. As soon as an individual has been charged, they are going to both be remanded in police custody to seem on the magistrates court or launched on bail. If the choice is made to not cost the suspect, they have to be launched both with or with out bail.

How lengthy can the police preserve somebody in custody?

The legislation on police custody cut-off dates is about out in PACE.

Part 41 units out the overall rule {that a} detainee can’t be saved for greater than 24 hours with out cost. That is calculated from the time that the individual arrives on the police station, or the time 24 hours after the individual’s arrest, whichever time is earlier. For instance, say an individual is arrested at 4pm on Tuesday for drunk driving resulting in a automotive accident. They’re taken straight to the hospital due to accidents sustained within the accident. They’re discharged and arrive on the police station at 9am on Wednesday. The police must make a charging resolution inside 24 hours of 4pm on Tuesday, so by 4pm on Wednesday.

An individual could be saved for longer than 24 hours, as much as 36 hours, if that is authorised by the superintendent of the police station (Part 42). This authorisation could be solely be given if sure situations apply:

  1. Detention is critical to safe or protect proof referring to an offence
  2. The offence is an indictable offence
  3. The investigation is being performed diligently and expeditiously

If the police get hold of a warrant from the Justice of the Peace’s Court, they will detain an individual for an additional 36 hours, as much as a most of 72 hours in complete (Part 43).

Am I allowed to name family or buddies in police custody?

An individual who has been arrested is permitted to contact one individual to tell them that they’ve been arrested. They’re permitted to talk to the individual for an inexpensive time frame. They’re unlikely to be allowed to contact a number of individuals. Nonetheless, they are going to have the ability to additionally communicate on the phone with their solicitor, if the solicitor has not but arrived on the police station in individual. If the detainee is a overseas nationwide, they’ve the precise to include the Excessive Fee or embassy for his or her nation.  A detained individual should even be given writing supplies in the event that they request them.

Can I go to somebody within the police station?

The final rule is that guests are usually not allowed in police custody suites. In contrast to prisons, there are not any provisions for visiting prisoners who’re in police custody. Due to the comparatively brief time that people are normally held in police station, there isn’t a proper for them to have social visits from buddies or household.

The exception to that is if an individual is weak or a juvenile. In these conditions, an applicable grownup should attend the police station to make sure the detained individual’s rights are upheld. Within the case of a teenager that is more likely to be a parent or a guardian. For a weak one that is an grownup, this may very well be a companion or a carer.

As well as, if the detained individual has important belongings that they want equivalent to medication, or spectacles, a good friend or member of the family will likely be permitted to drop these things off on the police station in order that they are often handed on to the detained individual.

The place to get extra assist

If a beloved one has contacted you to say that they’ve been arrested, contact a prison defence solicitor instantly. At Stuart Miller Solicitors, our skilled workforce of solicitors are prepared to offer specialist recommendation. We are going to assist be certain that the rights of the detained individual are revered throughout their time in police custody, and supply vital preliminary recommendation in respect of their choices relating to how to answer police questioning. Contact us for a no obligation session right now.


  • Responsive

    A authorized skilled will seek the advice of you inside 24 hours of constructing an enquiry.

  • Empathetic

    We are going to at all times deal with you with belief, understanding and respect.

  • Specialised

    Your case will likely be dealt with by an skilled who specialises in your sort of offence.

  • Proactive

    We are going to take early motion to finish proceedings as quickly as it’s virtually and legally attainable to take action.

  • Engaged

    You may be saved up to date in your case always. We are going to present a named contact out there to reply your questions.

  • Caring

    We perceive this can be a troublesome and nerve-racking time for you and your loved ones. Our workforce will help you each step of the best way.

  • Tenacious

    We are going to by no means hand over in your case. We struggle tirelessly to get you the very best consequence.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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