PACE 1984 Code C - Rights of a Suspect in Police Detention Vocabulary

Vocabulary flashcards covering key terms and definitions regarding suspect rights and procedural safeguards under PACE 1984 Code C.

actus reus

The physical element of a criminal offence, which includes positive acts, omissions, or a state of affairs, required by a particular offence.

mens rea

The mental element or "guilty mind" required by the offence, such as intention or recklessness.

custody officer

A police officer (minimum rank: sergeant), independent of the investigation, responsible for the authorisation and supervision of detention and welfare of suspects held at a police station.

custody record

The running and contemporaneous official record of a detainee's treatment from entry to release, containing essential details, rights exercised, decisions taken, reviews, and any significant event affecting the suspect.

right to legal advice

The statutory right of a person in police detention to consult privately with a solicitor of their choice at any time, typically without payment, for the purpose of receiving legal advice and representation.

waiver of legal advice

The voluntary decision by a detainee, properly informed of their rights, to waive the statutory right to legal advice, documented in the custody record and subject to heightened procedural safeguards.

right to have someone informed of arrest

The right of a detained person to have a nominated person notified of their arrest and location of detention as soon as practicable.

relevant time

The point at which the detention clock starts, usually on arrival at the police station following arrest.

detention review

The process by which an officer of at least inspector rank (not involved in the investigation) must periodically review whether continued detention is justified—even before the initial 24 hours expires.

juvenile

Any person who, in the absence of clear evidence of age to the contrary, appears to be under the age of 18.

vulnerable person

Someone who, due to a mental health condition, learning disability, communication difficulty, or similar impairment, may not understand the implications of police procedures or communicate effectively.

appropriate adult

A parent, guardian, social worker, carer, or another responsible adult over 18 (not involved in the investigation), whose role is to protect the rights and interests of the child or vulnerable adult during detention and interview.

right to silence

The principle that a suspect cannot lawfully be compelled to answer police questions or incriminate themselves; rooted in common law, now subject to some statutory consequences (adverse inferences) for silence.

adverse inference

A possible negative conclusion drawn by a court or jury when a suspect exercises their right to silence and later advances a fact not mentioned earlier, affecting the assessment of credibility in court.

conflict of interest

A situation in which the duties owed to one client by a solicitor would be in conflict with duties owed to another client or to the court.