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frescom 		code_c [2017/07/20 14:56] (current)
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 ====== PACE CODE C ====== ====== PACE CODE C ======
  
-CODE C+CODE C  
  
 February 2017 February 2017
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 2.1A When a person: 2.1A When a person:
 is brought to a police station under arrest is brought to a police station under arrest
-is arrested at the police station having attended there voluntarily or +is arrested at the police station having attended there voluntarily or attends a police station to answer bail they must be brought before the custody officer as soon as practicable after their arrival at
- attends a police station to answer bail +
-they must be brought before the custody officer as soon as practicable after their arrival at+
 the station or if applicable, following their arrest after attending the police station voluntarily. the station or if applicable, following their arrest after attending the police station voluntarily.
 This applies to both designated and non-designated police stations. A person is deemed to This applies to both designated and non-designated police stations. A person is deemed to
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 If the period is interrupted in accordance with (a), a fresh period must be allowed. If the period is interrupted in accordance with (a), a fresh period must be allowed.
 Interruptions under (b) and (c) do not require a fresh period to be allowed. Interruptions under (b) and (c) do not require a fresh period to be allowed.
 +
 12.3 Before a detainee is interviewed,​ the custody officer, in consultation with the officer in 12.3 Before a detainee is interviewed,​ the custody officer, in consultation with the officer in
 charge of the investigation and appropriate healthcare professionals as necessary, shall charge of the investigation and appropriate healthcare professionals as necessary, shall
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 during an interview and these persons may not be interviewed except in accordance with during an interview and these persons may not be interviewed except in accordance with
 paragraphs 11.18 to 11.20. paragraphs 11.18 to 11.20.
 +
 12.4 As far as practicable interviews shall take place in interview rooms which are adequately 12.4 As far as practicable interviews shall take place in interview rooms which are adequately
 heated, lit and ventilated. heated, lit and ventilated.
 +
 12.5 A suspect whose detention without charge has been authorised under PACE because the 12.5 A suspect whose detention without charge has been authorised under PACE because the
 detention is necessary for an interview to obtain evidence of the offence for which they detention is necessary for an interview to obtain evidence of the offence for which they
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 may take place in the cell and that their failure or refusal to co-operate may be given in may take place in the cell and that their failure or refusal to co-operate may be given in
 evidence. The suspect shall then be invited to co-operate and go into the interview room. evidence. The suspect shall then be invited to co-operate and go into the interview room.
 +
 12.6 People being questioned or making statements shall not be required to stand. 12.6 People being questioned or making statements shall not be required to stand.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-42+
 12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify 12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify
 themselves and any other persons present to the interviewee. themselves and any other persons present to the interviewee.
 +
 12.8 Breaks from interviewing should be made at recognised meal times or at other times that 12.8 Breaks from interviewing should be made at recognised meal times or at other times that
 take account of when an interviewee last had a meal. Short refreshment breaks shall be take account of when an interviewee last had a meal. Short refreshment breaks shall be
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 (iii) otherwise prejudice the outcome of the investigation. (iii) otherwise prejudice the outcome of the investigation.
 See Note 12B See Note 12B
 +
 12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the 12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the
 provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee
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 (i) record the matter in the interview record; and (i) record the matter in the interview record; and
 (ii) inform the custody officer, who is then responsible for dealing with it as in section 9. (ii) inform the custody officer, who is then responsible for dealing with it as in section 9.
 +
 (b) Documentation (b) Documentation
 +
 12.10 A record must be made of the: 12.10 A record must be made of the:
 time a detainee is not in the custody of the custody officer, and why time a detainee is not in the custody of the custody officer, and why
 reason for any refusal to deliver the detainee out of that custody. reason for any refusal to deliver the detainee out of that custody.
 +
 12.11 A record shall be made of: 12.11 A record shall be made of:
 (a) the reasons it was not practicable to use an interview room; and (a) the reasons it was not practicable to use an interview room; and
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 whilst an interview record is being kept, with a brief reference to this effect in the custody whilst an interview record is being kept, with a brief reference to this effect in the custody
 record. record.
 +
 12.12 Any decision to delay a break in an interview must be recorded, with reasons, in the 12.12 Any decision to delay a break in an interview must be recorded, with reasons, in the
 interview record. interview record.
 +
 12.13 All written statements made at police stations under caution shall be written on forms 12.13 All written statements made at police stations under caution shall be written on forms
 provided for the purpose. provided for the purpose.
 +
 12.14 All written statements made under caution shall be taken in accordance with Annex D. 12.14 All written statements made under caution shall be taken in accordance with Annex D.
 Before a person makes a written statement under caution at a police station, they shall be Before a person makes a written statement under caution at a police station, they shall be
 reminded about the right to legal advice. See Note 12A. reminded about the right to legal advice. See Note 12A.
 Notes for Guidance Notes for Guidance
 +
 12A It is not normally necessary to ask for a written statement if the interview was recorded in 12A It is not normally necessary to ask for a written statement if the interview was recorded in
 writing and the record signed in accordance with paragraph 11.11 or audibly or visually writing and the record signed in accordance with paragraph 11.11 or audibly or visually
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 taken in these circumstances only at the person'​s express wish. A person may however be taken in these circumstances only at the person'​s express wish. A person may however be
 asked if they want to make such a statement. asked if they want to make such a statement.
 +
 12B Meal breaks should normally last at least 45 minutes and shorter breaks after two hours 12B Meal breaks should normally last at least 45 minutes and shorter breaks after two hours
 should last at least 15 minutes. If the interviewer delays a break in accordance with should last at least 15 minutes. If the interviewer delays a break in accordance with
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 reduced if there are reasonable grounds to believe this is necessary to avoid any of the reduced if there are reasonable grounds to believe this is necessary to avoid any of the
 consequences in paragraph 12.8(i) to (iii). ​ consequences in paragraph 12.8(i) to (iii). ​
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-43+
 13 Interpreters 13 Interpreters
 +
 (a) General (a) General
 +
 13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide 13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide
 appropriately qualified independent persons to act as interpreters and to provide appropriately qualified independent persons to act as interpreters and to provide
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 establish effective communication with that person. See paragraph 13.1C below if the establish effective communication with that person. See paragraph 13.1C below if the
 person is in Wales. person is in Wales.
 +
 13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), 13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a),
 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other
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 suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow livelink suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow livelink
 interpretation to be used. interpretation to be used.
 +
 13.1A The arrangements must comply with the minimum requirements set out in Directive 13.1A The arrangements must comply with the minimum requirements set out in Directive
 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right
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 this Code implement the requirements for those to whom this Code applies. These this Code implement the requirements for those to whom this Code applies. These
 requirements include the following: requirements include the following:
 +
 That the arrangements made and the quality of interpretation and translation provided That the arrangements made and the quality of interpretation and translation provided
 shall be sufficient to ‘safeguard the fairness of the proceedings,​ in particular by ensuring shall be sufficient to ‘safeguard the fairness of the proceedings,​ in particular by ensuring
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 would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N
 for application to live-link interpretation. for application to live-link interpretation.
 +
 The provision of a written translation of all documents considered essential for the The provision of a written translation of all documents considered essential for the
 person to exercise their right of defence and to ‘safeguard the fairness of the person to exercise their right of defence and to ‘safeguard the fairness of the
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 the person has been charged or for which they have been told they may be prosecuted, the person has been charged or for which they have been told they may be prosecuted,
 see Annex M. see Annex M.
 +
 Procedures to help determine: Procedures to help determine:
 whether a suspect can speak and understand English and needs the assistance of whether a suspect can speak and understand English and needs the assistance of
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 provided when a suspect complains about the quality of either or both, see provided when a suspect complains about the quality of either or both, see
 paragraphs 13.10A and 13.10C. ​ paragraphs 13.10A and 13.10C. ​
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-44+
 13.1B All reasonable attempts should be made to make the suspect understand that interpretation 13.1B All reasonable attempts should be made to make the suspect understand that interpretation
 and translation will be provided at public expense. and translation will be provided at public expense.
 +
 13.1C With regard to persons in Wales, nothing in this or any other Code affects the application of 13.1C With regard to persons in Wales, nothing in this or any other Code affects the application of
 the Welsh Language Schemes produced by police and crime commissioners in Wales in the Welsh Language Schemes produced by police and crime commissioners in Wales in
 accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1. accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1.
 (b) Interviewing suspects - foreign languages (b) Interviewing suspects - foreign languages
 +
 13.2 Unless paragraphs 11.1 or 11.18(c) apply, a suspect who for the purposes of this Code 13.2 Unless paragraphs 11.1 or 11.18(c) apply, a suspect who for the purposes of this Code
 requires an interpreter because they do not appear to speak or understand English (see requires an interpreter because they do not appear to speak or understand English (see
 paragraphs 3.5(c)(ii) and 3.12) must not be interviewed unless arrangements are made for paragraphs 3.5(c)(ii) and 3.12) must not be interviewed unless arrangements are made for
 a person capable of interpreting to assist the suspect to understand and communicate. a person capable of interpreting to assist the suspect to understand and communicate.
 +
 13.2A If a person who is a juvenile or is mentally disordered or mentally vulnerable is interviewed 13.2A If a person who is a juvenile or is mentally disordered or mentally vulnerable is interviewed
 and the person acting as the appropriate adult does not appear to speak or understand and the person acting as the appropriate adult does not appear to speak or understand
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 the person, the appropriate adult and the interviewer,​ unless the interview is urgent and the person, the appropriate adult and the interviewer,​ unless the interview is urgent and
 paragraphs 11.1 or 11.18(c) apply. paragraphs 11.1 or 11.18(c) apply.
 +
 13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall 13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall
 make sure the interpreter makes a note of the interview at the time in the person’s language make sure the interpreter makes a note of the interview at the time in the person’s language
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 made, the arrangements in Code E or F shall apply. See paragraphs 13.12 to 13.14 and made, the arrangements in Code E or F shall apply. See paragraphs 13.12 to 13.14 and
 Annex N for application to live-link interpretation. Annex N for application to live-link interpretation.
 +
 13.4 In the case of a person making a statement under caution (see Annex D) to a police officer 13.4 In the case of a person making a statement under caution (see Annex D) to a police officer
 or other police staff in a language other than English: or other police staff in a language other than English:
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 arrangements having been made to provide an independent person capable of interpreting arrangements having been made to provide an independent person capable of interpreting
 or of providing other appropriate assistance. or of providing other appropriate assistance.
 +
 13.6 An interpreter should also be arranged if a person who is a juvenile or who is mentally 13.6 An interpreter should also be arranged if a person who is a juvenile or who is mentally
 disordered or mentally vulnerable is interviewed and the person who is present as the disordered or mentally vulnerable is interviewed and the person who is present as the
 appropriate adult, appears to have a hearing or speech impediment, unless the interview is appropriate adult, appears to have a hearing or speech impediment, unless the interview is
 urgent and paragraphs 11.1 or 11.18(c) apply. urgent and paragraphs 11.1 or 11.18(c) apply.
 +
 13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is 13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is
 allowed to read the record and certify its accuracy in the event of the interpreter being allowed to read the record and certify its accuracy in the event of the interpreter being
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 See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
 (d) Additional rules for detained persons (d) Additional rules for detained persons
 +
 13.8 Not used. 13.8 Not used.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-45+
 13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of 13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of
 language, hearing or speech difficulties,​ arrangements must be made for an interpreter to language, hearing or speech difficulties,​ arrangements must be made for an interpreter to
 enable communication. A police officer or any other police staff may not be used for this enable communication. A police officer or any other police staff may not be used for this
 purpose. purpose.
 +
 13.10 After the custody officer has determined that a detainee requires an interpreter (see 13.10 After the custody officer has determined that a detainee requires an interpreter (see
 paragraph 3.5(c)(ii)) and following the initial action in paragraphs 3.1 to 3.5, arrangements paragraph 3.5(c)(ii)) and following the initial action in paragraphs 3.1 to 3.5, arrangements
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 they may be prosecuted and any other information about the offence given to them by they may be prosecuted and any other information about the offence given to them by
 or on behalf of the custody officer, see paragraphs 16.1 and 16.3. or on behalf of the custody officer, see paragraphs 16.1 and 16.3.
 +
 13.10A If a detainee complains that they are not satisfied with the quality of interpretation,​ the 13.10A If a detainee complains that they are not satisfied with the quality of interpretation,​ the
 custody officer or (as the case may be) the interviewer,​ is responsible for deciding whether custody officer or (as the case may be) the interviewer,​ is responsible for deciding whether
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 in the arrangements made by the chief officer, see paragraph 13.1A. in the arrangements made by the chief officer, see paragraph 13.1A.
 (e) Translations of essential documents (e) Translations of essential documents
-13.10BWritten ​translations,​ oral translations and oral summaries of essential documents in a+ 
 +13.10B Written ​translations,​ oral translations and oral summaries of essential documents in a
 language the detainee understands shall be provided in accordance with Annex M language the detainee understands shall be provided in accordance with Annex M
 (Translations of documents and records). (Translations of documents and records).
 +
 13.10CIf a detainee complains that they are not satisfied with the quality of the translation,​ the 13.10CIf a detainee complains that they are not satisfied with the quality of the translation,​ the
 custody officer or (as the case may be) the interviewer,​ is responsible for deciding whether custody officer or (as the case may be) the interviewer,​ is responsible for deciding whether
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 arrangements made by the chief officer, see paragraph 13.1A. arrangements made by the chief officer, see paragraph 13.1A.
 (f) Decisions not to provide interpretation and translation. (f) Decisions not to provide interpretation and translation.
 +
 13.10DIf a suspect challenges a decision: 13.10DIf a suspect challenges a decision:
 made by the custody officer or (as the case may be) by the interviewer,​ in accordance made by the custody officer or (as the case may be) by the interviewer,​ in accordance
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 paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview. paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview.
 (g) Documentation (g) Documentation
 +
 13.11 The following must be recorded in the custody record or, as applicable, the interview 13.11 The following must be recorded in the custody record or, as applicable, the interview
 record: record:
 (a) Action taken to arrange for an interpreter,​ including the live-link requirements in Annex (a) Action taken to arrange for an interpreter,​ including the live-link requirements in Annex
 N as applicable; N as applicable;
 +
 (b) Action taken when a detainee is not satisfied about the standard of interpretation or (b) Action taken when a detainee is not satisfied about the standard of interpretation or
 translation provided, see paragraphs 13.10A and 13.10C; ​ translation provided, see paragraphs 13.10A and 13.10C; ​
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-46+
 (c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in (c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in
 the absence of an interpreter;​ the absence of an interpreter;​
 +
 (d) When a detainee has been assisted by an interpreter for the purpose of providing or (d) When a detainee has been assisted by an interpreter for the purpose of providing or
 being given information or being interviewed;​ being given information or being interviewed;​
 +
 (e) Action taken in accordance with Annex M when: (e) Action taken in accordance with Annex M when:
 a written translation of an essential document is provided; a written translation of an essential document is provided;
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 the refusal (see Annex M, paragraph 8). the refusal (see Annex M, paragraph 8).
 (h) Live-link interpretation (h) Live-link interpretation
 +
 13.12 In this section and in Annex N, ‘live-link interpretation’ means an arrangement to enable 13.12 In this section and in Annex N, ‘live-link interpretation’ means an arrangement to enable
 communication between the suspect and an interpreter who is not physically present with communication between the suspect and an interpreter who is not physically present with
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 means for the purpose of an interview, and for all other purposes it may be either; by audio means for the purpose of an interview, and for all other purposes it may be either; by audio
 and visual means, or by audio means only, as follows: and visual means, or by audio means only, as follows:
 +
 (a) Audio and visual communication (a) Audio and visual communication
 This applies for the purposes of an interview conducted and recorded in accordance This applies for the purposes of an interview conducted and recorded in accordance
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 (ii) the interview to be conducted and recorded in accordance with the provisions of (ii) the interview to be conducted and recorded in accordance with the provisions of
 Codes C, E and F, subject to the modifications in Part 2 of Annex N. Codes C, E and F, subject to the modifications in Part 2 of Annex N.
 +
 (b) Audio and visual or audio without visual communication. (b) Audio and visual or audio without visual communication.
 This applies to communication for the purposes of any provision of this or any other This applies to communication for the purposes of any provision of this or any other
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 in accordance with the provisions of this or any other Code that apply to that in accordance with the provisions of this or any other Code that apply to that
 information,​ as modified for the purposes of the live-link, by Part 2 of Annex N. information,​ as modified for the purposes of the live-link, by Part 2 of Annex N.
 +
 13.12A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must 13.12A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must
 enable compliance with the relevant provisions of the Codes C, E and F, means that the enable compliance with the relevant provisions of the Codes C, E and F, means that the
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 delay so that the suspect can be invited to read, check and if appropriate,​ sign or otherwise delay so that the suspect can be invited to read, check and if appropriate,​ sign or otherwise
 confirm that the record is correct or make corrections to the record. ​ confirm that the record is correct or make corrections to the record. ​
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-47+
 13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the 13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the
 purposes of paragraphs 3.12(a) and (b), provides for accurate and secure communication purposes of paragraphs 3.12(a) and (b), provides for accurate and secure communication
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 consultation between a suspect and their solicitor and appropriate adult (see paragraphs consultation between a suspect and their solicitor and appropriate adult (see paragraphs
 13.2A, 13.6 and 13.9) is maintained.. See Annex N paragraph 4. 13.2A, 13.6 and 13.9) is maintained.. See Annex N paragraph 4.
 +
 Notes for Guidance Notes for Guidance
 +
 13A Chief officers have discretion when determining the individuals or organisations they use to 13A Chief officers have discretion when determining the individuals or organisations they use to
 provide interpretation and translation services for their forces provided that these are provide interpretation and translation services for their forces provided that these are
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 wish to consider is the Ministry of Justice commercial agreements for interpretation and wish to consider is the Ministry of Justice commercial agreements for interpretation and
 translation services. translation services.
 +
 13B A procedure for determining whether a person needs an interpreter might involve a 13B A procedure for determining whether a person needs an interpreter might involve a
 telephone interpreter service or using cue cards or similar visual aids which enable the telephone interpreter service or using cue cards or similar visual aids which enable the
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 language. This could be confirmed through an interpreter who could also assess the extent language. This could be confirmed through an interpreter who could also assess the extent
 to which the person can speak and understand English. to which the person can speak and understand English.
 +
 13C There should also be a procedure for determining whether a suspect who requires an 13C There should also be a procedure for determining whether a suspect who requires an
 interpreter requires assistance in accordance with paragraph 3.20 to help them check and if interpreter requires assistance in accordance with paragraph 3.20 to help them check and if
 applicable, sign any documentation. applicable, sign any documentation.
 +
 14 Questioning - special restrictions 14 Questioning - special restrictions
 +
 14.1 If a person is arrested by one police force on behalf of another and the lawful period of 14.1 If a person is arrested by one police force on behalf of another and the lawful period of
 detention in respect of that offence has not yet commenced in accordance with PACE, detention in respect of that offence has not yet commenced in accordance with PACE,
 section 41, no questions may be put to them about the offence while they are in transit section 41, no questions may be put to them about the offence while they are in transit
 between the forces except to clarify any voluntary statement they make. between the forces except to clarify any voluntary statement they make.
 +
 14.2 If a person is in police detention at a hospital, they may not be questioned without the 14.2 If a person is in police detention at a hospital, they may not be questioned without the
 agreement of a responsible doctor. See Note 14A. agreement of a responsible doctor. See Note 14A.
 +
 Note for Guidance Note for Guidance
 +
 14A If questioning takes place at a hospital under paragraph 14.2, or on the way to or from a 14A If questioning takes place at a hospital under paragraph 14.2, or on the way to or from a
 hospital, the period of questioning concerned counts towards the total period of detention hospital, the period of questioning concerned counts towards the total period of detention
 permitted. permitted.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-48+
 15 Reviews and extensions of detention 15 Reviews and extensions of detention
 (a) Persons detained under PACE (a) Persons detained under PACE
 +
 15.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging 15.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging
 the lawfulness of the detainee’s arrest and detention must be made available to the the lawfulness of the detainee’s arrest and detention must be made available to the
 detainee or their solicitor, applies for the purposes of this section as follows: detainee or their solicitor, applies for the purposes of this section as follows:
 +
 (a) The officer reviewing the need for detention without charge (PACE, section 40), or (as (a) The officer reviewing the need for detention without charge (PACE, section 40), or (as
 the case may be) the officer considering the need to extend detention without charge the case may be) the officer considering the need to extend detention without charge
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 investigating officer, for deciding which documents and materials are essential and investigating officer, for deciding which documents and materials are essential and
 must be made available. must be made available.
 +
 (b) When paragraph 15.7A applies (application for a warrant of further detention or (b) When paragraph 15.7A applies (application for a warrant of further detention or
 extension of such a warrant), the officer making the application is responsible for extension of such a warrant), the officer making the application is responsible for
 deciding which documents and materials are essential and must be made available deciding which documents and materials are essential and must be made available
 before the hearing. See Note 3ZA. before the hearing. See Note 3ZA.
 +
 15.1 The review officer is responsible under PACE, section 40 for periodically determining if a 15.1 The review officer is responsible under PACE, section 40 for periodically determining if a
 person'​s detention, before or after charge, continues to be necessary. This requirement person'​s detention, before or after charge, continues to be necessary. This requirement
 continues throughout the detention period and, except as in paragraph 15.10, the review continues throughout the detention period and, except as in paragraph 15.10, the review
 officer must be present at the police station holding the detainee. See Notes 15A and 15B. officer must be present at the police station holding the detainee. See Notes 15A and 15B.
 +
 15.2 Under PACE, section 42, an officer of superintendent rank or above who is responsible for 15.2 Under PACE, section 42, an officer of superintendent rank or above who is responsible for
 the station holding the detainee may give authority any time after the second review to the station holding the detainee may give authority any time after the second review to
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 Further detention without charge may be authorised only by a magistrates’ court in Further detention without charge may be authorised only by a magistrates’ court in
 accordance with PACE, sections 43 and 44. See Notes 15C, 15D and 15E. accordance with PACE, sections 43 and 44. See Notes 15C, 15D and 15E.
 +
 15.2A An authorisation under section 42(1) of PACE extends the maximum period of detention 15.2A An authorisation under section 42(1) of PACE extends the maximum period of detention
 permitted before charge for indictable offences from 24 hours to 36 hours. Detaining a permitted before charge for indictable offences from 24 hours to 36 hours. Detaining a
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 (c) the need to consult and consider the views of any appropriate adult; and (c) the need to consult and consider the views of any appropriate adult; and
 (d) any alternatives to police custody. (d) any alternatives to police custody.
 +
 15.3 Before deciding whether to authorise continued detention the officer responsible under 15.3 Before deciding whether to authorise continued detention the officer responsible under
 paragraph 15.1 or 15.2 shall give an opportunity to make representations about the paragraph 15.1 or 15.2 shall give an opportunity to make representations about the
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 (b) the detainee'​s solicitor if available at the time; and (b) the detainee'​s solicitor if available at the time; and
 (c) the appropriate adult if available at the time. (c) the appropriate adult if available at the time.
 +
 See Note 15CA See Note 15CA
 +
 15.3A Other people having an interest in the detainee’s welfare may also make representations at 15.3A Other people having an interest in the detainee’s welfare may also make representations at
 the authorising officer'​s discretion. the authorising officer'​s discretion.
 +
 15.3B Subject to paragraph 15.10, the representations may be made orally in person or by 15.3B Subject to paragraph 15.10, the representations may be made orally in person or by
 telephone or in writing. The authorising officer may, however, refuse to hear oral telephone or in writing. The authorising officer may, however, refuse to hear oral
 representations from the detainee if the officer considers them unfit to make representations from the detainee if the officer considers them unfit to make
 representations because of their condition or behaviour. See Note 15C. representations because of their condition or behaviour. See Note 15C.
 +
 15.3C The decision on whether the review takes place in person or by telephone or by video 15.3C The decision on whether the review takes place in person or by telephone or by video
 conferencing (see Note 15G) is a matter for the review officer. In determining the form the conferencing (see Note 15G) is a matter for the review officer. In determining the form the
 review may take, the review officer must always take full account of the needs of the person ​ review may take, the review officer must always take full account of the needs of the person ​
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-49 
 in custody. The benefits of carrying out a review in person should always be considered, in custody. The benefits of carrying out a review in person should always be considered,
 based on the individual circumstances of each case with specific additional consideration if based on the individual circumstances of each case with specific additional consideration if
 the person is: the person is:
 +
 (a) a juvenile (and the age of the juvenile); or (a) a juvenile (and the age of the juvenile); or
 +
 (b) suspected of being mentally vulnerable; or (b) suspected of being mentally vulnerable; or
 +
 (c) in need of medical attention for other than routine minor ailments; or (c) in need of medical attention for other than routine minor ailments; or
 +
 (d) subject to presentational or community issues around their detention. (d) subject to presentational or community issues around their detention.
 +
 +
 15.4 Before conducting a review or determining whether to extend the maximum period of 15.4 Before conducting a review or determining whether to extend the maximum period of
 detention without charge, the officer responsible must make sure the detainee is reminded detention without charge, the officer responsible must make sure the detainee is reminded
 of their entitlement to free legal advice, see paragraph 6.5, unless in the case of a review of their entitlement to free legal advice, see paragraph 6.5, unless in the case of a review
 the person is asleep. the person is asleep.
 +
 15.5 If, after considering any representations,​ the review officer under paragraph 15.1 decides to 15.5 If, after considering any representations,​ the review officer under paragraph 15.1 decides to
 keep the detainee in detention or the superintendent under paragraph 15.2 extends the keep the detainee in detention or the superintendent under paragraph 15.2 extends the
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 by the detainee shall be recorded. If applicable, the officer shall be informed of the by the detainee shall be recorded. If applicable, the officer shall be informed of the
 comment as soon as practicable. See also paragraphs 11.4 and 11.13. comment as soon as practicable. See also paragraphs 11.4 and 11.13.
 +
 15.6 No officer shall put specific questions to the detainee: 15.6 No officer shall put specific questions to the detainee:
 regarding their involvement in any offence; or regarding their involvement in any offence; or
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 subject to the associated safeguards in section 11 and, in respect of a person who has subject to the associated safeguards in section 11 and, in respect of a person who has
 been charged, paragraph 16.5. See also paragraph 11.13. been charged, paragraph 16.5. See also paragraph 11.13.
 +
 15.7 A detainee who is asleep at a review, see paragraph 15.1, and whose continued detention 15.7 A detainee who is asleep at a review, see paragraph 15.1, and whose continued detention
 is authorised must be informed about the decision and reason as soon as practicable after is authorised must be informed about the decision and reason as soon as practicable after
 waking. waking.
 +
 15.7A When an application is made to a magistrates’ court under PACE, section 43 for a warrant 15.7A When an application is made to a magistrates’ court under PACE, section 43 for a warrant
 of further detention to extend detention without charge of a person arrested for an indictable of further detention to extend detention without charge of a person arrested for an indictable
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 arrested and that the investigation is being conducted diligently and expeditiously. arrested and that the investigation is being conducted diligently and expeditiously.
 See paragraph 15.0(b). See paragraph 15.0(b).
 +
 15.8 Not used. 15.8 Not used.
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-50+
 (b) Review of detention by telephone and video conferencing facilities (b) Review of detention by telephone and video conferencing facilities
 15.9 PACE, section 40A provides that the officer responsible under section 40 for reviewing the 15.9 PACE, section 40A provides that the officer responsible under section 40 for reviewing the
 detention of a person who has not been charged, need not attend the police station holding detention of a person who has not been charged, need not attend the police station holding
 the detainee and may carry out the review by telephone. the detainee and may carry out the review by telephone.
 +
 15.9A PACE, section 45A(2) provides that the officer responsible under section 40 for reviewing 15.9A PACE, section 45A(2) provides that the officer responsible under section 40 for reviewing
 the detention of a person who has not been charged, need not attend the police station the detention of a person who has not been charged, need not attend the police station
 holding the detainee and may carry out the review by video conferencing facilities. See holding the detainee and may carry out the review by video conferencing facilities. See
 Note 15G. Note 15G.
 +
 15.9B A telephone review is not permitted where facilities for review by video conferencing exist 15.9B A telephone review is not permitted where facilities for review by video conferencing exist
 and it is practicable to use them. and it is practicable to use them.
 +
 15.9C The review officer can decide at any stage that a telephone review or review by video 15.9C The review officer can decide at any stage that a telephone review or review by video
 conferencing should be terminated and that the review will be conducted in person. The conferencing should be terminated and that the review will be conducted in person. The
 reasons for doing so should be noted in the custody record. reasons for doing so should be noted in the custody record.
 See Note 15F. See Note 15F.
 +
 15.10 When a review is carried out by telephone or by video conferencing facilities, an officer at 15.10 When a review is carried out by telephone or by video conferencing facilities, an officer at
 the station holding the detainee shall be required by the review officer to fulfil that officer’s the station holding the detainee shall be required by the review officer to fulfil that officer’s
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 (b) if applicable, making the record in (a) in the presence of the detainee; and (b) if applicable, making the record in (a) in the presence of the detainee; and
 (c) for a review by telephone, giving the detainee information about the review. (c) for a review by telephone, giving the detainee information about the review.
 +
 15.11 When a review is carried out by telephone or by video conferencing facilities, the 15.11 When a review is carried out by telephone or by video conferencing facilities, the
 requirement in paragraph 15.3 will be satisfied: requirement in paragraph 15.3 will be satisfied:
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 video conferencing facilities. video conferencing facilities.
 (c) Documentation (c) Documentation
 +
 15.12 It is the officer’s responsibility to make sure all reminders given under paragraph 15.4 are 15.12 It is the officer’s responsibility to make sure all reminders given under paragraph 15.4 are
 noted in the custody record. noted in the custody record.
 +
 15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded. 15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded.
 +
 15.14 When a review is carried out by telephone or video conferencing facilities, a record shall be 15.14 When a review is carried out by telephone or video conferencing facilities, a record shall be
 made of: made of:
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 (c) the method representations,​ oral or written, were made to the review officer, see (c) the method representations,​ oral or written, were made to the review officer, see
 paragraph 15.11. paragraph 15.11.
 +
 15.15 Any written representations shall be retained. 15.15 Any written representations shall be retained.
 +
 15.16 A record shall be made as soon as practicable of: 15.16 A record shall be made as soon as practicable of:
 (a) the outcome of each review of detention before or after charge, and if paragraph 15.7 (a) the outcome of each review of detention before or after charge, and if paragraph 15.7
 applies, of when the person was informed and by whom;  applies, of when the person was informed and by whom; 
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-51+
 (b) the outcome of any determination under PACE, section 42 by a superintendent (b) the outcome of any determination under PACE, section 42 by a superintendent
 whether to extend the maximum period of detention without charge beyond 24 hours whether to extend the maximum period of detention without charge beyond 24 hours
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 Note: Any period during which a person is released on bail does not count towards the Note: Any period during which a person is released on bail does not count towards the
 maximum period of detention without charge allowed under PACE, sections 41 to 44. maximum period of detention without charge allowed under PACE, sections 41 to 44.
 +
 Notes for Guidance Notes for Guidance
 +
 15A Review officer for the purposes of: 15A Review officer for the purposes of:
 PACE, sections 40, 40A and 45A means, in the case of a person arrested but not PACE, sections 40, 40A and 45A means, in the case of a person arrested but not
 charged, an officer of at least inspector rank not directly involved in the investigation charged, an officer of at least inspector rank not directly involved in the investigation
 and, if a person has been arrested and charged, the custody officer. and, if a person has been arrested and charged, the custody officer.
 +
 15B The detention of persons in police custody not subject to the statutory review requirement in 15B The detention of persons in police custody not subject to the statutory review requirement in
 paragraph 15.1 should still be reviewed periodically as a matter of good practice. Such paragraph 15.1 should still be reviewed periodically as a matter of good practice. Such
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 power no longer applies, or their transfer if the power requires the detainee be taken power no longer applies, or their transfer if the power requires the detainee be taken
 elsewhere as soon as the necessary arrangements are made. Examples include persons: elsewhere as soon as the necessary arrangements are made. Examples include persons:
 +
 (a) arrested on warrant because they failed to answer bail to appear at court; (a) arrested on warrant because they failed to answer bail to appear at court;
 +
 (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted
 after charge; after charge;
 +
 (c) in police custody for specific purposes and periods under the Crime (Sentences) Act (c) in police custody for specific purposes and periods under the Crime (Sentences) Act
 1997, Schedule 1; 1997, Schedule 1;
 +
 (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service
 under the Imprisonment (Temporary Provisions) Act 1980, section 6; under the Imprisonment (Temporary Provisions) Act 1980, section 6;
 +
 (e) being detained to prevent them causing a breach of the peace; (e) being detained to prevent them causing a breach of the peace;
 +
 (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK
 Immigration Service); Immigration Service);
 +
 (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section
 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of
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 end of the period authorised by the court or when the need for their detention by police end of the period authorised by the court or when the need for their detention by police
 ceases, whichever is the sooner. ceases, whichever is the sooner.
 +
 15C In the case of a review of detention, but not an extension, the detainee need not be woken 15C In the case of a review of detention, but not an extension, the detainee need not be woken
 for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest
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 detainee not asleep during the review must be present when the grounds for their continued detainee not asleep during the review must be present when the grounds for their continued
 detention are recorded and must at the same time be informed of those grounds unless the  detention are recorded and must at the same time be informed of those grounds unless the 
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-52 
 review officer considers the person is incapable of understanding what is said, violent or review officer considers the person is incapable of understanding what is said, violent or
 likely to become violent or in urgent need of medical attention. likely to become violent or in urgent need of medical attention.
 +
 15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them 15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them
 to make representations remotely by telephone or other electronic means or in person by to make representations remotely by telephone or other electronic means or in person by
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 appropriate adult sufficient notice of the time the decision is expected to be made so that appropriate adult sufficient notice of the time the decision is expected to be made so that
 they can make themselves available. they can make themselves available.
 +
 15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of 15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of
 further detention or its extension should be made between 10am and 9pm, and if possible further detention or its extension should be made between 10am and 9pm, and if possible
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 outside normal court hours but between 10am and 9pm, the clerk to the justices should be outside normal court hours but between 10am and 9pm, the clerk to the justices should be
 given notice and informed of this possibility,​ while the court is sitting if possible. given notice and informed of this possibility,​ while the court is sitting if possible.
 +
 15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a 15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a
 superintendent or above who, in accordance with their force operational policy or police superintendent or above who, in accordance with their force operational policy or police
 regulations,​ is given that responsibility on a temporary basis whilst the appointed long-term regulations,​ is given that responsibility on a temporary basis whilst the appointed long-term
 holder is off duty or otherwise unavailable. holder is off duty or otherwise unavailable.
 +
 15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of 15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of
 detention after charge by the custody officer. When video conferencing is not required, detention after charge by the custody officer. When video conferencing is not required,
 they allow the use of a telephone to carry out a review of detention before charge. The they allow the use of a telephone to carry out a review of detention before charge. The
 procedure under PACE, section 42 must be done in person. procedure under PACE, section 42 must be done in person.
 +
 15G Video conferencing facilities means any facilities (whether a live television link or other 15G Video conferencing facilities means any facilities (whether a live television link or other
 facilities) by means of which the review can be carried out with the review officer, the facilities) by means of which the review can be carried out with the review officer, the
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 other. The use of video conferencing facilities for decisions about detention under section other. The use of video conferencing facilities for decisions about detention under section
 45A of PACE is subject to regulations made by the Secretary of State being in force. 45A of PACE is subject to regulations made by the Secretary of State being in force.
 +
 16 Charging detained persons 16 Charging detained persons
 (a) Action (a) Action
 +
 16.1 When the officer in charge of the investigation reasonably believes there is sufficient 16.1 When the officer in charge of the investigation reasonably believes there is sufficient
 evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6), evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6),
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 presence of the appropriate adult if they are present at the time. presence of the appropriate adult if they are present at the time.
 See Notes 16B and 16C. See Notes 16B and 16C.
 +
 16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is 16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is
 in force the custody officer must comply with that Guidance in deciding how to act in dealing in force the custody officer must comply with that Guidance in deciding how to act in dealing
 with the detainee. See Notes 16AA and 16AB. with the detainee. See Notes 16AA and 16AB.
 +
 16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case 16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case
 should be immediately referred to the CPS to make the charging decision, consultation should be immediately referred to the CPS to make the charging decision, consultation
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 that they are being released to enable the Director of Public Prosecutions to make a that they are being released to enable the Director of Public Prosecutions to make a
 decision under section 37B. decision under section 37B.
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-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-53+
 16.2 When a detainee is charged with or informed they may be prosecuted for an offence, see 16.2 When a detainee is charged with or informed they may be prosecuted for an offence, see
 Note 16B, they shall, unless the restriction on drawing adverse inferences from silence Note 16B, they shall, unless the restriction on drawing adverse inferences from silence
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 Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the
 restriction on drawing adverse inferences from silence applies. restriction on drawing adverse inferences from silence applies.
 +
 16.3 When a detainee is charged they shall be given a written notice showing particulars of the 16.3 When a detainee is charged they shall be given a written notice showing particulars of the
 offence and, subject to paragraph 2.6A, the officer’s name and the case reference number. offence and, subject to paragraph 2.6A, the officer’s name and the case reference number.
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 If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, a copy of If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, a copy of
 the notice should also be given to the appropriate adult. the notice should also be given to the appropriate adult.
 +
 16.4 If, after a detainee has been charged with or informed they may be prosecuted for an 16.4 If, after a detainee has been charged with or informed they may be prosecuted for an
 offence, an officer wants to tell them about any written statement or interview with another offence, an officer wants to tell them about any written statement or interview with another
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 and and
 (b) remind the detainee about their right to legal advice. (b) remind the detainee about their right to legal advice.
 +
 16.4A If the detainee: 16.4A If the detainee:
 cannot read, the document may be read to them; cannot read, the document may be read to them;
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 (b) remind the detainee about their right to legal advice. (b) remind the detainee about their right to legal advice.
 See Note 16B See Note 16B
 +
 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult'​s 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult'​s
 presence if they are already at the police station. If they are not at the police station then presence if they are already at the police station. If they are not at the police station then
 these provisions must be complied with again in their presence when they arrive unless the these provisions must be complied with again in their presence when they arrive unless the
 detainee has been released. See Note 16C. detainee has been released. See Note 16C.
 +
 16.7 When a juvenile is charged with an offence and the custody officer authorises their 16.7 When a juvenile is charged with an offence and the custody officer authorises their
 continued detention after charge, the custody officer must make arrangements for the continued detention after charge, the custody officer must make arrangements for the
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 their misuse of any specified Class A drug caused or contributed to the offence, has their misuse of any specified Class A drug caused or contributed to the offence, has
 authorised the sample to be taken. authorised the sample to be taken.
 +
 17.4 The charge condition is met where the detainee: 17.4 The charge condition is met where the detainee:
 (a) has been charged with a trigger offence, or (a) has been charged with a trigger offence, or
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 specified Class A drug caused or contributed to the offence, has authorised the sample specified Class A drug caused or contributed to the offence, has authorised the sample
 to be taken. to be taken.
 +
 17.5 The age condition is met where: 17.5 The age condition is met where:
 (a) in the case of a detainee who has been arrested but not charged as in paragraph (a) in the case of a detainee who has been arrested but not charged as in paragraph
 +
 17.3, they are aged 18 or over; 17.3, they are aged 18 or over;
 (b) in the case of a detainee who has been charged as in paragraph 17.4, they are aged (b) in the case of a detainee who has been charged as in paragraph 17.4, they are aged
 14 or over. 14 or over.
 +
 17.6 Before requesting a sample from the person concerned, an officer must: 17.6 Before requesting a sample from the person concerned, an officer must:
 (a) inform them that the purpose of taking the sample is for drug testing under PACE. (a) inform them that the purpose of taking the sample is for drug testing under PACE.
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 advice is available [see section 6]; and advice is available [see section 6]; and
 (iii) the right to consult these Codes of Practice [see section 3]. (iii) the right to consult these Codes of Practice [see section 3].
 +
 17.7 In the case of a person who has not attained the age specified in section 63B(5A) of 17.7 In the case of a person who has not attained the age specified in section 63B(5A) of
 PACE— PACE—
 (a) the making of the request for a sample under paragraph 17.2(d) above; ​ (a) the making of the request for a sample under paragraph 17.2(d) above; ​
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-57+
 (b) the giving of the warning and the information under paragraph 17.6 above; and (b) the giving of the warning and the information under paragraph 17.6 above; and
 +
 (c) the taking of the sample, (c) the taking of the sample,
 may not take place except in the presence of an appropriate adult. See Note 17G. may not take place except in the presence of an appropriate adult. See Note 17G.
 +
 17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or 17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or
 17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in 17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in
 writing as soon as practicable. writing as soon as practicable.
 +
 17.9 If a sample is taken from a detainee who has been arrested for an offence but not charged 17.9 If a sample is taken from a detainee who has been arrested for an offence but not charged
 with that offence as in paragraph 17.3, no further sample may be taken during the same with that offence as in paragraph 17.3, no further sample may be taken during the same
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 in respect of that detainee, the sample which has been taken shall be treated as being in respect of that detainee, the sample which has been taken shall be treated as being
 taken by virtue of the charge condition, see paragraph 17.4, being met. taken by virtue of the charge condition, see paragraph 17.4, being met.
 +
 17.10 A detainee from whom a sample may be taken may be detained for up to six hours from 17.10 A detainee from whom a sample may be taken may be detained for up to six hours from
 the time of charge if the custody officer reasonably believes the detention is necessary to the time of charge if the custody officer reasonably believes the detention is necessary to
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 but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to
 enable a sample to be taken. enable a sample to be taken.
 +
 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see
 paragraphs 17.3 and 17.4, and whose release would be required before a sample can be paragraphs 17.3 and 17.4, and whose release would be required before a sample can be
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 within 24 hours after the arrest for the offence that satisfies the arrest condition. within 24 hours after the arrest for the offence that satisfies the arrest condition.
 (b) Documentation (b) Documentation
 +
 17.12 The following must be recorded in the custody record: 17.12 The following must be recorded in the custody record:
 (a) if a sample is taken following authorisation by an officer of the rank of inspector or (a) if a sample is taken following authorisation by an officer of the rank of inspector or
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 met in the same period of continuous detention. See paragraph 17.9. met in the same period of continuous detention. See paragraph 17.9.
 (c) General (c) General
 +
 17.13 A sample may only be taken by a prescribed person. See Note 17C. 17.13 A sample may only be taken by a prescribed person. See Note 17C.
 +
 17.14 Force may not be used to take any sample for the purpose of drug testing. 17.14 Force may not be used to take any sample for the purpose of drug testing.
 +
 17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs 17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs
 Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same
 meanings as in Part III of the Criminal Justice and Court Services Act 2000. meanings as in Part III of the Criminal Justice and Court Services Act 2000.
 +
 17.16 Any sample taken: 17.16 Any sample taken:
 (a) may not be used for any purpose other than to ascertain whether the person (a) may not be used for any purpose other than to ascertain whether the person
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 basis that medication has been taken, or for quality assurance purposes. basis that medication has been taken, or for quality assurance purposes.
 (d) Assessment of misuse of drugs (d) Assessment of misuse of drugs
 +
 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive
 for a specified Class A drug under section 63B of PACE a police officer may, at any time  for a specified Class A drug under section 63B of PACE a police officer may, at any time 
-C 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers 
-58 
 before the person’s release from the police station, impose a requirement on the detainee before the person’s release from the police station, impose a requirement on the detainee
 to attend an initial assessment of their drug misuse by a suitably qualified person and to to attend an initial assessment of their drug misuse by a suitably qualified person and to
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 made for those from whom samples for testing have been taken at the police station made for those from whom samples for testing have been taken at the police station
 where the detainee is in custody. where the detainee is in custody.
 +
 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment
 the police officer must: the police officer must:
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 attend the initial assessment and remain for its duration and if they fail to attend the attend the initial assessment and remain for its duration and if they fail to attend the
 follow-up assessment and remain for its duration (if so required). follow-up assessment and remain for its duration (if so required).
 +
 17.19 Where a police officer has imposed a requirement to attend an initial assessment and a 17.19 Where a police officer has imposed a requirement to attend an initial assessment and a
 follow-up assessment in accordance with paragraph 17.17, he must, before the person is follow-up assessment in accordance with paragraph 17.17, he must, before the person is
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 and and
 (b) confirms the information and repeats the warning referred to in paragraph 17.18. (b) confirms the information and repeats the warning referred to in paragraph 17.18.
 +
 17.20 The following must be recorded in the custody record: 17.20 The following must be recorded in the custody record:
 (a) that the requirement to attend an initial assessment and a follow-up assessment has (a) that the requirement to attend an initial assessment and a follow-up assessment has
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 (b) the information,​ explanation,​ warning and notice given in accordance with paragraphs (b) the information,​ explanation,​ warning and notice given in accordance with paragraphs
 17.17 and 17.19. 17.17 and 17.19.
 +
 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the
 person a further notice in writing which informs the person of any change to the time or person a further notice in writing which informs the person of any change to the time or
 place at which the initial assessment is to take place and which repeats the warning place at which the initial assessment is to take place and which repeats the warning
 referred to in paragraph 17.18(c). referred to in paragraph 17.18(c).
 +
 17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance 17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance
 issued by the Secretary of State in respect of the assessment provisions. issued by the Secretary of State in respect of the assessment provisions.
 +
 Notes for Guidance Notes for Guidance
 +
 17A When warning a person who is asked to provide a urine or non-intimate sample in 17A When warning a person who is asked to provide a urine or non-intimate sample in
 accordance with paragraph 17.6(b), the following form of words may be used: accordance with paragraph 17.6(b), the following form of words may be used:
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 cyflawni trosedd os byddwch chi’n methu neu yn gwrthod gwneud hynny heb reswm da, ac cyflawni trosedd os byddwch chi’n methu neu yn gwrthod gwneud hynny heb reswm da, ac
 y gellir, oherwydd hynny, eich carcharu, eich dirwyo, neu’r ddau.” y gellir, oherwydd hynny, eich carcharu, eich dirwyo, neu’r ddau.”
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-59+
 17B A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and 17B A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and
 quality to enable drug-testing analysis to take place. A suitable sample is one which by its quality to enable drug-testing analysis to take place. A suitable sample is one which by its
 nature, is suitable for a particular form of drug analysis. nature, is suitable for a particular form of drug analysis.
 +
 17C A prescribed person in paragraph 17.13 is one who is prescribed in regulations made by 17C A prescribed person in paragraph 17.13 is one who is prescribed in regulations made by
 the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984. the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984.
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 Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed
 Persons) Regulations 2001.] Persons) Regulations 2001.]
 +
 17D Samples, and the information derived from them, may not be subsequently used in the 17D Samples, and the information derived from them, may not be subsequently used in the
 investigation of any offence or in evidence against the persons from whom they were taken. investigation of any offence or in evidence against the persons from whom they were taken.
 +
 17E Trigger offences are: 17E Trigger offences are:
 +
 1. Offences under the following provisions of the Theft Act 1968: 1. Offences under the following provisions of the Theft Act 1968:
 section 1 (theft) section 1 (theft)
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 section 22 (handling stolen goods) section 22 (handling stolen goods)
 section 25 (going equipped for stealing etc.) section 25 (going equipped for stealing etc.)
 +
 2. Offences under the following provisions of the Misuse of Drugs Act 1971, if 2. Offences under the following provisions of the Misuse of Drugs Act 1971, if
 committed in respect of a specified Class A drug:– committed in respect of a specified Class A drug:–
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 section 5(2) (possession of a controlled drug) section 5(2) (possession of a controlled drug)
 section 5(3) (possession of a controlled drug with intent to supply) section 5(3) (possession of a controlled drug with intent to supply)
 +
 3. Offences under the following provisions of the Fraud Act 2006: 3. Offences under the following provisions of the Fraud Act 2006:
 section 1 (fraud) section 1 (fraud)
 section 6 (possession etc. of articles for use in frauds) section 6 (possession etc. of articles for use in frauds)
 section 7 (making or supplying articles for use in frauds) section 7 (making or supplying articles for use in frauds)
 +
 3A. An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in 3A. An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in
 respect of an offence under respect of an offence under
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 section 22 (handling stolen goods) section 22 (handling stolen goods)
 (b) section 1 of the Fraud Act 2006 (fraud) (b) section 1 of the Fraud Act 2006 (fraud)
 +
 4. Offences under the following provisions of the Vagrancy Act 1824: 4. Offences under the following provisions of the Vagrancy Act 1824:
 section 3 (begging) section 3 (begging)
 section 4 (persistent begging) section 4 (persistent begging)
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-60+
 17F The power to take samples is subject to notification by the Secretary of State that 17F The power to take samples is subject to notification by the Secretary of State that
 appropriate arrangements for the taking of samples have been made for the police area as appropriate arrangements for the taking of samples have been made for the police area as
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 the time, be given an opportunity to make representations to the officer about the need for the time, be given an opportunity to make representations to the officer about the need for
 continuing detention. See paragraph 15.3. continuing detention. See paragraph 15.3.
 +
 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person
 with an offence or takes such other action as is appropriate when there is sufficient with an offence or takes such other action as is appropriate when there is sufficient
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 if they are at the police station. A copy of the written notice embodying any charge must if they are at the police station. A copy of the written notice embodying any charge must
 also be given to the appropriate adult. See paragraphs 16.1 to 16.4A also be given to the appropriate adult. See paragraphs 16.1 to 16.4A
 +
 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person
 may take place only in the presence of the appropriate adult of the same sex, unless the may take place only in the presence of the appropriate adult of the same sex, unless the
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 when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5
 and 11(c). and 11(c).
 +
 13. Particular care must be taken when deciding whether to use any form of approved 13. Particular care must be taken when deciding whether to use any form of approved
 restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell.
 See paragraph 8.2. See paragraph 8.2.
 +
 Notes for Guidance Notes for Guidance
 +
 E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a
 mentally disordered or otherwise mentally vulnerable detained person who does not mentally disordered or otherwise mentally vulnerable detained person who does not
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 appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult is called to the police station, to consult privately with a solicitor in the
 absence of the appropriate adult if they want. absence of the appropriate adult if they want.
 +
 E2 Although people who are mentally disordered or otherwise mentally vulnerable are often E2 Although people who are mentally disordered or otherwise mentally vulnerable are often
 capable of providing reliable evidence, they may, without knowing or wanting to do so, be capable of providing reliable evidence, they may, without knowing or wanting to do so, be
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 person’s mental state or capacity. Because of the risk of unreliable evidence, it is important person’s mental state or capacity. Because of the risk of unreliable evidence, it is important
 to obtain corroboration of any facts admitted whenever possible. to obtain corroboration of any facts admitted whenever possible.
 +
 E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is
 intended to minimise, officers of superintendent rank or above should exercise their intended to minimise, officers of superintendent rank or above should exercise their
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 absence only in exceptional cases, if it is necessary to avert an immediate risk of serious absence only in exceptional cases, if it is necessary to avert an immediate risk of serious
 harm. See paragraphs 11.1 and 11.18 to 11.20. harm. See paragraphs 11.1 and 11.18 to 11.20.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-73+
 E4 When a person is detained under section 136 of the Mental Health Act 1983 for E4 When a person is detained under section 136 of the Mental Health Act 1983 for
 assessment, the appropriate adult has no role in the assessment process and their assessment, the appropriate adult has no role in the assessment process and their
 presence is not required. presence is not required.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-74+
 ANNEX F Not used ANNEX F Not used
 +
 ANNEX G FITNESS TO BE INTERVIEWED ANNEX G FITNESS TO BE INTERVIEWED
 +
 1. This Annex contains general guidance to help police officers and healthcare professionals 1. This Annex contains general guidance to help police officers and healthcare professionals
 assess whether a detainee might be at risk in an interview. assess whether a detainee might be at risk in an interview.
 +
 2. A detainee may be at risk in a interview if it is considered that: 2. A detainee may be at risk in a interview if it is considered that:
 +
 (a) conducting the interview could significantly harm the detainee’s physical or mental (a) conducting the interview could significantly harm the detainee’s physical or mental
 state; state;
 +
 (b) anything the detainee says in the interview about their involvement or suspected (b) anything the detainee says in the interview about their involvement or suspected
 involvement in the offence about which they are being interviewed might be involvement in the offence about which they are being interviewed might be
 considered unreliable in subsequent court proceedings because of their physical or considered unreliable in subsequent court proceedings because of their physical or
 mental state. mental state.
 +
 3. In assessing whether the detainee should be interviewed,​ the following must be considered: 3. In assessing whether the detainee should be interviewed,​ the following must be considered:
 +
 (a) how the detainee’s physical or mental state might affect their ability to understand the (a) how the detainee’s physical or mental state might affect their ability to understand the
 nature and purpose of the interview, to comprehend what is being asked and to nature and purpose of the interview, to comprehend what is being asked and to
 appreciate the significance of any answers given and make rational decisions about appreciate the significance of any answers given and make rational decisions about
 whether they want to say anything; whether they want to say anything;
 +
 (b) the extent to which the detainee’s replies may be affected by their physical or mental (b) the extent to which the detainee’s replies may be affected by their physical or mental
 condition rather than representing a rational and accurate explanation of their condition rather than representing a rational and accurate explanation of their
 involvement in the offence; involvement in the offence;
 +
 (c) how the nature of the interview, which could include particularly probing questions, (c) how the nature of the interview, which could include particularly probing questions,
 might affect the detainee. might affect the detainee.
 +
 4. It is essential healthcare professionals who are consulted consider the functional ability of 4. It is essential healthcare professionals who are consulted consider the functional ability of
 the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a
 person with severe mental illness to be fit for interview. person with severe mental illness to be fit for interview.
 +
 5. Healthcare professionals should advise on the need for an appropriate adult to be present, 5. Healthcare professionals should advise on the need for an appropriate adult to be present,
 whether reassessment of the person’s fitness for interview may be necessary if the whether reassessment of the person’s fitness for interview may be necessary if the
 interview lasts beyond a specified time, and whether a further specialist opinion may be interview lasts beyond a specified time, and whether a further specialist opinion may be
 required. required.
 +
 6. When healthcare professionals identify risks they should be asked to quantify the risks. 6. When healthcare professionals identify risks they should be asked to quantify the risks.
 They should inform the custody officer: They should inform the custody officer:
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 ~ will require or be amenable to treatment; and ~ will require or be amenable to treatment; and
 indicate how long it may take for such improvement to take effect. indicate how long it may take for such improvement to take effect.
 +
 7. The role of the healthcare professional is to consider the risks and advise the custody 7. The role of the healthcare professional is to consider the risks and advise the custody
 officer of the outcome of that consideration. The healthcare professional’s determination officer of the outcome of that consideration. The healthcare professional’s determination
 and any advice or recommendations should be made in writing and form part of the custody and any advice or recommendations should be made in writing and form part of the custody
 record. record.
 +
 8. Once the healthcare professional has provided that information,​ it is a matter for the 8. Once the healthcare professional has provided that information,​ it is a matter for the
 custody officer to decide whether or not to allow the interview to go ahead and if the custody officer to decide whether or not to allow the interview to go ahead and if the
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 to an appropriate adult, in order constantly to monitor the person’s condition and how it is to an appropriate adult, in order constantly to monitor the person’s condition and how it is
 being affected by the interview. being affected by the interview.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-75+
 ANNEX H DETAINED PERSON: OBSERVATION LIST ANNEX H DETAINED PERSON: OBSERVATION LIST
 +
 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare
 professional or an ambulance must be called. professional or an ambulance must be called.
 +
 2. When assessing the level of rousability,​ consider: 2. When assessing the level of rousability,​ consider:
 Rousability - can they be woken? Rousability - can they be woken?
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 call their name call their name
 shake gently shake gently
 +
 Response to questions - can they give appropriate answers to questions such as: Response to questions - can they give appropriate answers to questions such as:
 What’s your name? What’s your name?
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 Where do you think you are? Where do you think you are?
 Response to commands - can they respond appropriately to commands such as: Response to commands - can they respond appropriately to commands such as:
- Open your eyes!+Open your eyes!
 Lift one arm, now the other arm! Lift one arm, now the other arm!
 +
 3. Remember to take into account the possibility or presence of other illnesses, injury, or 3. Remember to take into account the possibility or presence of other illnesses, injury, or
 mental condition; a person who is drowsy and smells of alcohol may also have the mental condition; a person who is drowsy and smells of alcohol may also have the
 following: following:
- Diabetes +Diabetes 
- ​Epilepsy +Epilepsy 
- Head injury+Head injury
 Drug intoxication or overdose Drug intoxication or overdose
 Stroke Stroke
 +
 ANNEX I Not used ANNEX I Not used
 +
 ANNEX J Not used ANNEX J Not used
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-76+
 ANNEX K X-RAYS AND ULTRASOUND SCANS ANNEX K X-RAYS AND ULTRASOUND SCANS
 +
 (a) Action (a) Action
 +
 1. PACE, section 55A allows a person who has been arrested and is in police detention to 1. PACE, section 55A allows a person who has been arrested and is in police detention to
 have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if:
 +
 (a) authorised by an officer of inspector rank or above who has reasonable grounds for (a) authorised by an officer of inspector rank or above who has reasonable grounds for
 believing that the detainee: believing that the detainee:
 +
 (i) may have swallowed a Class A drug; and (i) may have swallowed a Class A drug; and
 +
 (ii) was in possession of that Class A drug with the intention of supplying it to (ii) was in possession of that Class A drug with the intention of supplying it to
 another or to export; and another or to export; and
 +
 (b) the detainee’s appropriate consent has been given in writing. (b) the detainee’s appropriate consent has been given in writing.
 +
 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated
 detention officer must tell the detainee:- detention officer must tell the detainee:-
 +
 (a) that the authority has been given; and (a) that the authority has been given; and
 +
 (b) the grounds for giving the authorisation. (b) the grounds for giving the authorisation.
 +
 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan,
 they must be warned that if they refuse without good cause their refusal may harm their they must be warned that if they refuse without good cause their refusal may harm their
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 reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the
 reminder noted in the custody record. reminder noted in the custody record.
 +
 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered
 medical practitioner or registered nurse, and only at a hospital, surgery or other medical medical practitioner or registered nurse, and only at a hospital, surgery or other medical
 premises. premises.
 +
 (b) Documentation (b) Documentation
 +
 5. The following shall be recorded as soon as practicable in the detainee’s custody record: 5. The following shall be recorded as soon as practicable in the detainee’s custody record:
 +
 (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both);
 +
 (b) the grounds for giving the authorisation;​ (b) the grounds for giving the authorisation;​
 +
 (c) the giving of the warning required by paragraph 3; and (c) the giving of the warning required by paragraph 3; and
 +
 (d) the fact that the appropriate consent was given or (as the case may be) refused, and (d) the fact that the appropriate consent was given or (as the case may be) refused, and
 if refused, the reason given for the refusal (if any); and if refused, the reason given for the refusal (if any); and
 +
 (e) if an x-ray is taken or an ultrasound scan carried out: (e) if an x-ray is taken or an ultrasound scan carried out:
 where it was taken or carried out; where it was taken or carried out;
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  who was present;  who was present;
 the result. the result.
 +
 6 Not used. 6 Not used.
 +
 Notes for Guidance Notes for Guidance
 +
 K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or
 both), consideration should be given to asking a registered medical practitioner or both), consideration should be given to asking a registered medical practitioner or
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 detainee might have about the effect which taking an x-ray or carrying out an ultrasound detainee might have about the effect which taking an x-ray or carrying out an ultrasound
 scan might have on them. If appropriate consent is not given, evidence of the explanation ​ scan might have on them. If appropriate consent is not given, evidence of the explanation ​
-C 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers 
-77 
 may, if the case comes to trial, be relevant to determining whether the detainee had a good may, if the case comes to trial, be relevant to determining whether the detainee had a good
 cause for refusing. cause for refusing.
 +
 K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound
 scan being carried out (or both), as in paragraph 3, the following form of words may be scan being carried out (or both), as in paragraph 3, the following form of words may be
 used: used:
 +
 “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried
 out on you, but I must warn you that if you refuse without good cause, your refusal may out on you, but I must warn you that if you refuse without good cause, your refusal may
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 Where the use of the Welsh Language is appropriate,​ the following form of words may be Where the use of the Welsh Language is appropriate,​ the following form of words may be
 provided in Welsh: provided in Welsh:
 +
 “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch,
 ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm
 da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.”
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-78+
 ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
 +
 1. Certain provisions of this and other PACE Codes explicitly state that searches and other 1. Certain provisions of this and other PACE Codes explicitly state that searches and other
 procedures may only be carried out by, or in the presence of, persons of the same sex as procedures may only be carried out by, or in the presence of, persons of the same sex as
 the person subject to the search or other procedure. See Note L1. the person subject to the search or other procedure. See Note L1.
 +
 2. All searches and procedures must be carried out with courtesy, consideration and respect 2. All searches and procedures must be carried out with courtesy, consideration and respect
 for the person concerned. Police officers should show particular sensitivity when dealing for the person concerned. Police officers should show particular sensitivity when dealing
 with transgender individuals (including transsexual persons) and transvestite persons (see with transgender individuals (including transsexual persons) and transvestite persons (see
 Notes L2, L3 and L4). Notes L2, L3 and L4).
 +
 (a) Consideration (a) Consideration
 +
 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at
 birth unless they have been issued with a Gender Recognition Certificate (GRC) under the birth unless they have been issued with a Gender Recognition Certificate (GRC) under the
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 becomes that of a man and, if it is the female gender, the person’s sex becomes that of a becomes that of a man and, if it is the female gender, the person’s sex becomes that of a
 woman and they must be treated as their acquired gender. woman and they must be treated as their acquired gender.
 +
 4. When establishing whether the person concerned should be treated as being male or 4. When establishing whether the person concerned should be treated as being male or
 female for the purposes of these searches and procedures, the following approach which is female for the purposes of these searches and procedures, the following approach which is
 designed to minimise embarrassment and secure the person’s co-operation should be designed to minimise embarrassment and secure the person’s co-operation should be
 followed: followed:
 +
 (a) The person must not be asked whether they have a GRC (see paragraph 8); (a) The person must not be asked whether they have a GRC (see paragraph 8);
 +
 (b) If there is no doubt as to as to whether the person concerned should be treated as (b) If there is no doubt as to as to whether the person concerned should be treated as
 being male or female, they should be dealt with as being of that sex. being male or female, they should be dealt with as being of that sex.
 +
 (c) If at any time (including during the search or carrying out the procedure) there is doubt (c) If at any time (including during the search or carrying out the procedure) there is doubt
 as to whether the person should be treated, or continue to be treated, as being male as to whether the person should be treated, or continue to be treated, as being male
 or female: or female:
 +
 (i) the person should be asked what gender they consider themselves to be. If they (i) the person should be asked what gender they consider themselves to be. If they
 express a preference to be dealt with as a particular gender, they should be express a preference to be dealt with as a particular gender, they should be
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 notebook. Subject to (ii) below, the person should be treated according to their notebook. Subject to (ii) below, the person should be treated according to their
 preference; preference;
 +
 (ii) if there are grounds to doubt that the preference in (i) accurately reflects the (ii) if there are grounds to doubt that the preference in (i) accurately reflects the
 person’s predominant lifestyle, for example, if they ask to be treated as a woman person’s predominant lifestyle, for example, if they ask to be treated as a woman
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 as a man, or vice versa, they should be treated according to what appears to be as a man, or vice versa, they should be treated according to what appears to be
 their predominant lifestyle and not their stated preference; their predominant lifestyle and not their stated preference;
 +
 (iii) If the person is unwilling to express a preference as in (i) above, efforts should (iii) If the person is unwilling to express a preference as in (i) above, efforts should
 be made to determine their predominant lifestyle and they should be treated as be made to determine their predominant lifestyle and they should be treated as
 such. For example, if they appear to live predominantly as a woman, they such. For example, if they appear to live predominantly as a woman, they
 should be treated as being female; or should be treated as being female; or
 +
 (iv) if none of the above apply, the person should be dealt with according to what (iv) if none of the above apply, the person should be dealt with according to what
 reasonably appears to have been their sex as registered at birth. reasonably appears to have been their sex as registered at birth.
 +
 5. Once a decision has been made about which gender an individual is to be treated as, each 5. Once a decision has been made about which gender an individual is to be treated as, each
 officer responsible for the search or procedure should where possible be advised before the officer responsible for the search or procedure should where possible be advised before the
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 informed that the doubts have been disclosed. This is important so as to maintain the informed that the doubts have been disclosed. This is important so as to maintain the
 dignity of the person and any officers concerned. dignity of the person and any officers concerned.
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-79+
 (b) Documentation (b) Documentation
 +
 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded
 in the person’s custody record or, if a custody record has not been opened, on the search in the person’s custody record or, if a custody record has not been opened, on the search
 record or in the officer’s notebook. record or in the officer’s notebook.
 +
 7. Where the person elects which gender they consider themselves to be under paragraph 7. Where the person elects which gender they consider themselves to be under paragraph
 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason
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 person’s custody record. person’s custody record.
 (c) Disclosure of information (c) Disclosure of information
 +
 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC
 or to a successful applicant’s gender before it became their acquired gender as ‘protected or to a successful applicant’s gender before it became their acquired gender as ‘protected
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 capacity to disclose that information to any other person in contravention of the GRA. capacity to disclose that information to any other person in contravention of the GRA.
 Disclosure includes making a record of ‘protected information’ which is read by others. Disclosure includes making a record of ‘protected information’ which is read by others.
 +
 Notes for Guidance Notes for Guidance
 L1 Provisions to which paragraph 1 applies include: L1 Provisions to which paragraph 1 applies include:
 +
 In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and
 intimate searches of detainees under sections 54 and 55 of PACE); intimate searches of detainees under sections 54 and 55 of PACE);
 +
 In Code A; paragraphs 2.8 and 3.6 and Note 4; In Code A; paragraphs 2.8 and 3.6 and Note 4;
 +
 In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of
 detainees under section 54A of PACE) and paragraph 6.9 (taking samples); detainees under section 54A of PACE) and paragraph 6.9 (taking samples);
 +
 In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and
 intimate searches under sections 54 and 55 of PACE of persons arrested under section intimate searches under sections 54 and 55 of PACE of persons arrested under section
 +
 41 of the Terrorism Act 2000). 41 of the Terrorism Act 2000).
 +
 L2 While there is no agreed definition of transgender (or trans), it is generally used as an L2 While there is no agreed definition of transgender (or trans), it is generally used as an
 umbrella term to describe people whose gender identity (self-identification as being a umbrella term to describe people whose gender identity (self-identification as being a
 woman, man, neither or both) differs from the sex they were registered as at birth. The woman, man, neither or both) differs from the sex they were registered as at birth. The
 term includes, but is not limited to, transsexual people. term includes, but is not limited to, transsexual people.
 +
 L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone
 a process (or part of a process) for the purpose of gender reassignment,​ which is a a process (or part of a process) for the purpose of gender reassignment,​ which is a
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 Both would share the characteristic of gender reassignment with each having the Both would share the characteristic of gender reassignment with each having the
 characteristics of one sex, but with certain characteristics of the other sex. characteristics of one sex, but with certain characteristics of the other sex.
 +
 L4 Transvestite means a person of one gender who dresses in the clothes of a person of the L4 Transvestite means a person of one gender who dresses in the clothes of a person of the
 opposite gender. However, a transvestite does not live permanently in the gender opposite opposite gender. However, a transvestite does not live permanently in the gender opposite
 to their birth sex. to their birth sex.
 +
 L5 Chief officers are responsible for providing corresponding operational guidance and L5 Chief officers are responsible for providing corresponding operational guidance and
 instructions for the deployment of transgender officers and staff under their direction and instructions for the deployment of transgender officers and staff under their direction and
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 procedures described in paragraph 1. The guidance and instructions must comply with the procedures described in paragraph 1. The guidance and instructions must comply with the
 Equality Act 2010 and should therefore complement the approach in this Annex. ​ Equality Act 2010 and should therefore complement the approach in this Annex. ​
-C + 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-80+
 ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED
 +
 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of
 20 October 2010 and this Code, essential documents comprise records required to be 20 October 2010 and this Code, essential documents comprise records required to be
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 proceedings. Passages of essential documents which are not relevant need not be proceedings. Passages of essential documents which are not relevant need not be
 translated. See Note M1 translated. See Note M1
 +
 2. The table below lists the documents considered essential for the purposes of this Code and 2. The table below lists the documents considered essential for the purposes of this Code and
 when (subject to paragraphs 3 to 7) written translations must be created and provided. See when (subject to paragraphs 3 to 7) written translations must be created and provided. See
 paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
 +
 Table of essential documents: Table of essential documents:
- ESSENTIAL DOCUMENTS FOR THE PURPOSES+ESSENTIAL DOCUMENTS FOR THE PURPOSES
 OF THIS CODE OF THIS CODE
 WHEN TRANSLATION WHEN TRANSLATION
Line 4023: Line 4190:
 WHEN TRANSLATION WHEN TRANSLATION
 TO BE PROVIDED. TO BE PROVIDED.
 +
 (i) The grounds for each of the following authorisations (i) The grounds for each of the following authorisations
 to keep the person in custody as they are described to keep the person in custody as they are described
 and referred to in the custody record: and referred to in the custody record:
 +
 (a) Authorisation for detention before and after (a) Authorisation for detention before and after
 charge given by the custody officer and by the charge given by the custody officer and by the
 review officer, see Code C paragraphs 3.4 and review officer, see Code C paragraphs 3.4 and
 15.16(a). 15.16(a).
 +
 (b) Authorisation to extend detention without charge (b) Authorisation to extend detention without charge
 beyond 24 hours given by a superintendent,​ see beyond 24 hours given by a superintendent,​ see
 Code C paragraph 15.16(b). Code C paragraph 15.16(b).
 +
 (c) A warrant of further detention issued by a (c) A warrant of further detention issued by a
 magistrates’ court and any extension(s) of the magistrates’ court and any extension(s) of the
 warrant, see Code C paragraph 15.16(c). warrant, see Code C paragraph 15.16(c).
 +
 (d) An authority to detain in accordance with the (d) An authority to detain in accordance with the
 directions in a warrant of arrest issued in directions in a warrant of arrest issued in
code_c.1493587918.txt.gz · Last modified: 2017/04/30 21:31 by frescom

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