It has been reported that a member of an activist group has been taken into police custody on suspicion of causing criminal damage. The incident occurred when a statue of a controversial figure was vandalized with graffiti in a town square. The investigating inspector has reasonable grounds to believe that if the suspect is allowed to inform someone of her arrest, she may alert other activists who may then attempt to remove the evidence from her property.
Is it possible for the inspector to prohibit the suspect from notifying anyone about her arrest?
It has been reported that a member of an activist group has been taken into police custody on suspicion of causing criminal damage. The incident occurred when a statue of a controversial figure was vandalized with graffiti in a town square. The investigating inspector has reasonable grounds to believe that if the suspect is allowed to inform someone of her arrest, she may alert other activists who may then attempt to remove the evidence from her property.
Is it possible for the inspector to prohibit the suspect from notifying anyone about her arrest?
Yes, the right can be delayed for a maximum of 36 hours.
(C) The law allows police officers to delay informing a friend, relative or any other person about a suspect's arrest for a maximum of 36 hours, under certain circumstances.
This delay is only permitted if the suspect has been arrested for an indictable only or either way offence, a police officer of the rank of inspector or above has authorised the delay in writing, and the officer has reasonable grounds to believe that informing someone of the arrest would lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence. The delay should only last as long as necessary.
In the case of a suspect arrested for criminal damage, which is an either way offence, if the officer believes that informing someone of the arrest would lead to interference with evidence, then the inspector can authorise the delay in writing for a maximum of 36 hours. It is not true that there is a special rule for individuals suspected of terrorism. Finally, it is important to note that 36 hours is the maximum time by which the right to inform someone of an arrest can be delayed.