# Police procedure question



## Charlaux (Aug 29, 2013)

Hi everyone,

Still typing away at my current WIP, but I've gotten further with this one than I have managed to get with previous novels so... think this one might be finished 


My question: 

My MC lives with a few other teenagers in a semi-remote location (ages 19, 18, 17, 15). A body has been discovered near to their house, and the family have a 'shady' reputation in the town. It's a small community and fingers are already pointing their way but so far the police don't have any actual evidence. Their parents are away and they don't know when they might return.

Would the police take them in for questioning do you think? What would the procedure be in this case? What factors/evidence would be the most important in determining their response?


Any help and suggestions appreciated.


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## Lewdog (Aug 29, 2013)

Some of this stuff depends on the country, but the characters under 18 can not be questioned without parental consent.  The others are adults and can be taken into custody and questioned if needed.


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## PiP (Aug 29, 2013)

Hi Charlaux

Check out Metropolitan Police policies and procedures. 

PiP


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## Bloggsworth (Aug 29, 2013)

You will find this site useful: https://www.gov.uk/police-and-criminal-evidence-act-1984-pace-codes-of-practice

On the assumption that the crime is not an act of terrorism (if it was then PACE can be thrown out of the window)....

The police could not detain/question anyone without reason, not nowadays. I think I'm right in saying that the 3 eldest could be questioned up until the time that/if they, or one of them, is arrested, after which the police have no right to question the arrested person without their consent; at all times they have the right to have a lawyer present. The 15 year old could not be questioned without the presence of a responsible adult, parent/social worker/lawyer/family friend or someone of that sort.


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## Fred (Aug 29, 2013)

Since the criminal justice systems of both the US and UK share a common, ancient, root, is it reasonable to believe that _habeas corpus_ applies under these circumstances if in either of those countries? My inclination is to think that an adult can not be forced to attend a police station for questioning unless he or she is arrested, and although they can be arrested without being charged, they must be charged within 24 hours of arrest or released. In the UK, I think there must usually be sufficient evidence to satisfy the Crown Prosecution Service, but to be honest I'm dragging a lot of this up from old episodes of _The Bill_! In the US there seem to be slight but colourful variations in procedure from State to State and sometimes even county to county. My WIP is set in Maine, where, for example, if it's murder it's straight away a job for the State Police. Somewhere else it might be handled by the County Sheriff, or in a large city like NYC the local PD would take it on.

Someone very helpfully posted the following link in the Research forum while ago, which you might find useful for insights into US police scenarios:

Writers' Questions


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## escorial (Aug 29, 2013)

Plod will fumble there way through this before lawyers get involved.


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## Charlaux (Aug 29, 2013)

Thanks for the responses everyone 

I've had a look through the resources you handily provided, and I'm glad that the law would keep the 15 year old out of direct questioning - that works the best with my plot and I shouldn't have to make many tweaks to keep it conforming to reality. 

I read on the code of practice regarding detention, and it says that someone must be notified: (point 3.13) 



> ∼ any other person who has, for the time being, assumed responsibility for the
> juvenile’s welfare.



Would one of the other teenagers be suitable to sit in on questions/stand as the responsible adult if both they and the 15 year old consented, or would that not be suitable if the older teens are possibly involved? This is on the subject of detention now, would it be different just for informal questioning? They wouldn't request a lawyer.


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## Lewdog (Aug 29, 2013)

Once again I don't know about the UK, but the 15 year old could only be questioned with the consent of a parent or guardian.  In the U.S. the police can detain for questioning and read the Miranda Rights to suspects without officially arresting them.  Then they have a certain amount of time they can detain them without charging them, otherwise they would have to release them.


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