Law Assingnment Concering Contract Law and Offences Against the Person

In: Other Topics

Submitted By Grubley
Words 17051
Pages 69
i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the custody officer, these are the right to inform someone of her detention, the right to free legal aid before answering any questions, and the right to consult the code of practice. Julie would then be asked to sign a form confirming she has been read these rights. After the above steps have taken place, Julie would be searched to ensure that she is not carrying or concealing weaponry. This search would be carried out by an officer of the same sex, and would consist of a simple pat down; it is unlikely that Julie would be searched more thoroughly given the situation. The police could potentially ask to retain some clothes if it is felt that by retaining said clothes, it would provide evidence to the case, if this were the case, Julie must be provided alternate clothing. This incident is an example of an either way offence, as it could be trailed in the magistrate’s court, or the crown court, as a result of this, the police would have authority to conduct a search of Julie’s address or workplace without a search warrant. The custody officer will then remove all of Julie’s property that she is carrying on her person at the time of the arrest if it is deemed that said objects were vital in the committal of the offence, or if they could be used to harm others. Upon Julie’s release all her property should be returned to her, she also does not have to sign for her property at the…...

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