XN000022-1992-11-23 — Page 4

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MONDAY, NOVEMBER 23, 1992

THE PROPOSALS INCLUDE THE DESIGNATION OF SPECIAL POLICE STATIONS FOR DETAINING SUSPECTS, THE INTRODUCTION OF A PROCEDURE TO REVIEW A PERSON'S DETENTION, A DEFINITION OF ARRESTABLE AND SERIOUS ARRESTABLE OFFENCES, AND CLASSIFICATION OF MATERIALS SUBJECT TO LEGAL PRIVILEGE AND MATERIALS TO WHICH THE POLICE CANNOT GAIN ACCESS WITHOUT FOLLOWING SPECIAL PROCEDURES.

THE COMMISSION HAS ALSO RECOMMENDED THAT THE POWER TO ESTABLISH A ROAD CHECK SHOULD BE ALLOWED IN RELATION TO AN ARRESTABLE OFFENCE AND THAT THE EXISTING POWER OF THE POLICE TO CARRY OUT RANDOM IDENTITY CHECKS WITHOUT THE NEED FOR ANY SUSPICION SHOULD BE RETAINED IN ORDER TO CONTROL ILLEGAL IMMIGRATION,

ON DETENTION OF SUSPECTS, THE COMMISSION HAS PROPOSED A DETAILED SET OF PROVISIONS SETTING OUT THE PERIODS FOR WHICH A PERSON MAY BE DETAINED BEFORE OR AFTER CHARGE.

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THE PUBLICATION TODAY OF THE LAW REFORM COMMISSION'S REPORT ARREST FOLLOWS ALMOST FOUR YEARS' WORK BY A SUB-COMMITTEE UNDER THE CHAIRMANSHIP OF MR JUSTICE PENLINGTON,

THE SUB-COMMITTEE'S REPORT WAS ITSELF THE SUBJECT OF DETAILED CONSIDERATION BY THE COMMISSION.

THE FOLLOWING ARE THE KEY PROVISIONS OF THE LAW REFORM COMMISSION'S PROPOSALS :

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DESIGNATED POLICE STATIONS

ONLY THOSE POLICE STATIONS WHICH HAVE PROPER ACCOMMODATION AND FACILITIES ARE TO BE DESIGNATED AS STATIONS TO WHICH PERSONS WHOSE DETENTION WILL LAST MORE THAN SIX HOURS MUST RE TAKEN.

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CUSTODY OFFICERS

EVERY DESIGNATED POLICE STATION MUST HAVE AT LEAST ONE CUSTODY OFFICER OF THE RANK OF SERGEANT OR ABOVE NOT DIRECTLY INVOLVED IN THE INVESTIGATION OF THE RELATED OFFENCE. THE CUSTODY OFFICER WILL KEEP A DETAILED WRITTEN RECORD OF SUCH MATTERS AS THE GROUNDS FOR DETENTION AND DECIDE WHETHER OR NOT A PERSON'S CONTINUED DETENTION IS JUSTIFIED.

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REVIEW OFFICERS

PERIODIC REVIEWS OF A PERSON'S DETENT LON MUST BE CARRIED OUT BY A REVIEW OFFICER. IN THE CASE OF A PERSON WHO HAS BEEN ARRESTED AND CHARGED, THE REVIEW OFFICER IS THE CUSTODY OFFICER. WHERE THE ARRESTED PERSON HAS NOT YET BEEN CHARGED, THE REVIEW OFFICER MUST AN OFFICER OF AT LEAST THE RANK OF INSPECTOR NOT DIRECTLY INVOLVED THE INVESTIGATION.

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/4.ARRESTABLE OFFENCES