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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was arrested at 2000hrs and it took the police 20 hours to

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I was arrested at 2000hrs and it took the police 20 hours to interview me. I was informed by the police that I would be interviewed that evening. I informed the police when I was being booked into custody that I was suffering from moderate depression. After 23 hours I was charged and when the custody Sergeant asked for my response to the charges I was giving a full response but I was stopped as the custody sergeant said he only had a small box to write in. PACE 16.8 states that a record shall be made of anything s detainee says when charged. As this was not complied with the court was not presented with a complete and true record of my response to the charge.
1. Is it reasonable for the police to wait 20 hours to interview?
2. Should any delay be recorded in the police log?
3. What are the repercussions for the police for failing to record and present a full and true record of my response to the court?
4. Should the police have considered my moderate depression and given me my medication?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On your specific points
1 To be wholly honest, yes it probably is. They have 24 hours to charge or release with most offences. They can get extensions but obviously did not here. 20 hours to conduct an interview is not at all unusual especially given that there would be an eight hour sleep period during the course of it. Also, if you had a solicitor they would have had to wait for his arrival. Not all delays at the police station are the making of the police.
2 No. This was not a delay anyway. Events should be recorded in the log book. Not the absence of events unless a decision was taken not to do something - like not to review detention.
3 None really. There are limits upon what can be written. If you said something relevant to your defence at the time the charges were read to you that wasn't recorded then you could always ask for the footage of the custody suite but it is not likely to be contested really.
4 No. They are not allowed to give out medication in particular not unless it is prescribed by the police doctor. Only the police doctor can prescribe medication. The police are not allowed to as they are not doctors. They are certainly not allowed to give you your own medication as it may or may not be genuine. Obviously some drug users do come into custody and some of the people who are detained at the police station are dishonest.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

3. The information I gave was relevant in that I was accused of harassment for sending roses to my ex but she had sent me a text thanking me for them. This was not presented to the court.

4. I already had medication prescribed but it was at home. As I was initially told I would be interviewed that evening I said I was okay. I was kept up most of the night, had little sleep and then was interviewed. Given that one of the known symptoms of moderate depression is short term memory loss should the police have been aware of this?

Expert:  Jo C. replied 2 years ago.
3 It has no real relevance. What you said to charge is only an issue if your defence changes.
4 Not really. The reason you were kept up is almost certainly that they put you on suicide or self harm watch which achieves nothing but to wake you up every 30 mins. Short term memory loss has no particular relevance to this situation and anyway the police are not doctors.
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