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code_c [2017/04/30 21:25]
frescom 		code_c [2017/04/30 21:31]
frescom
Line 519: Line 519:
 2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or 2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or
 disclosed: disclosed:
 +
 (a) Not used. (a) Not used.
 +
 (b) if the officer or police staff reasonably believe recording or disclosing their name might (b) if the officer or police staff reasonably believe recording or disclosing their name might
 put them in danger. put them in danger.
 In these cases, they shall use their warrant or other identification numbers and the name of In these cases, they shall use their warrant or other identification numbers and the name of
 their police station. See Note 2A. their police station. See Note 2A.
 +
  
 2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in 2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in
Line 535: Line 538:
  
 3 Initial action 3 Initial action
 +
 (a) Detained persons - normal procedure (a) Detained persons - normal procedure
 +
 3.1 When a person is brought to a police station under arrest or arrested at the station having 3.1 When a person is brought to a police station under arrest or arrested at the station having
 gone there voluntarily,​ the custody officer must make sure the person is told clearly about: gone there voluntarily,​ the custody officer must make sure the person is told clearly about:
 +
 (a) the following continuing rights, which may be exercised at any stage during the period (a) the following continuing rights, which may be exercised at any stage during the period
 in custody: in custody:
 +
 (i) their right to consult privately with a solicitor and that free independent legal (i) their right to consult privately with a solicitor and that free independent legal
 advice is available as in section 6; advice is available as in section 6;
 +
 (ii) their right to have someone informed of their arrest as in section 5; (ii) their right to have someone informed of their arrest as in section 5;
 +
 (iii) their right to consult the Codes of Practice (see Note 3D); and (iii) their right to consult the Codes of Practice (see Note 3D); and
 +
 (iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and (iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and
 their right to communicate with their High Commission, Embassy or Consulate their right to communicate with their High Commission, Embassy or Consulate
 (see paragraph 3.12A). (see paragraph 3.12A).
 +
 (b) their right to be informed about the offence and (as the case may be) any further (b) their right to be informed about the offence and (as the case may be) any further
 offences for which they are arrested whilst in custody and why they have been offences for which they are arrested whilst in custody and why they have been
 arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this
 Code and paragraph 3.3 of Code G. Code and paragraph 3.3 of Code G.
 +
  
 3.2 The detainee must also be given a written notice, which contains information:​ 3.2 The detainee must also be given a written notice, which contains information:​
Line 4038: Line 4050:
 after they have been after they have been
 released (see Note M3). released (see Note M3).
 +
 (ii) Written notice showing particulars of the offence (ii) Written notice showing particulars of the offence
 charged required by Code C paragraph 16.3 or the charged required by Code C paragraph 16.3 or the
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 As soon as practicable after the person has been As soon as practicable after the person has been
 charged or reported. charged or reported.
 +
 (iii) Written interview records: (iii) Written interview records:
 +
 Code C11.11, 13.3, 13.4 & Code E4.7 Code C11.11, 13.3, 13.4 & Code E4.7
 Written statement under caution: Written statement under caution:
 +
 Code C Annex D. Code C Annex D.
-To be created + 
-contemporaneously by +To be created contemporaneously by the interpreter for the person to check and sign. 
-the interpreter for the + 
-person to check and +As soon as practicable after the person has been charged or told they may be prosecuted. 
-sign. +
-As soon as practicable +
-after the person has +
-been charged or told +
-they may be +
-prosecuted.+
 3. The custody officer may authorise an oral translation or oral summary of documents (i) to 3. The custody officer may authorise an oral translation or oral summary of documents (i) to
 (ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written (ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written
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 is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded
 (see paragraph 13.11(e)) (see paragraph 13.11(e))
 +
 4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation 4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation
 of the essential documents described in the table but only if they do so voluntarily after of the essential documents described in the table but only if they do so voluntarily after
 receiving legal advice or having full knowledge of the consequences and give their receiving legal advice or having full knowledge of the consequences and give their
 unconditional and fully informed consent in writing (see paragraph 9). unconditional and fully informed consent in writing (see paragraph 9).
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-81+
 5. The suspect may be asked if they wish to waive their right to a written translation and 5. The suspect may be asked if they wish to waive their right to a written translation and
 before giving their consent, they must be reminded of their right to legal advice and asked before giving their consent, they must be reminded of their right to legal advice and asked
 whether they wish to speak to a solicitor. whether they wish to speak to a solicitor.
 +
 6. No police officer or police staff should do or say anything with the intention of persuading a 6. No police officer or police staff should do or say anything with the intention of persuading a
 suspect who is entitled to a written translation of an essential document to waive that right. suspect who is entitled to a written translation of an essential document to waive that right.
 See Notes M2 and M3. See Notes M2 and M3.
 +
 7. For the purpose of the waiver: 7. For the purpose of the waiver:
 +
 (a) the consent of a person who is mentally disordered or otherwise mentally vulnerable (a) the consent of a person who is mentally disordered or otherwise mentally vulnerable
 person is only valid if the information about the circumstances under which they can person is only valid if the information about the circumstances under which they can
 waive the right and the reminder about their right to legal advice mentioned in waive the right and the reminder about their right to legal advice mentioned in
 paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult. paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult.
 +
 (b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also (b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also
 obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is
 sufficient in its own right and the information and reminder mentioned in subparagraph sufficient in its own right and the information and reminder mentioned in subparagraph
 +
 (a) above and their consent is also given in the presence of the appropriate (a) above and their consent is also given in the presence of the appropriate
 adult (who may or may not be a parent or guardian). adult (who may or may not be a parent or guardian).
 +
 8. The detainee, their solicitor or appropriate adult may make representations to the custody 8. The detainee, their solicitor or appropriate adult may make representations to the custody
 officer that a document which is not included in the table is essential and that a translation officer that a document which is not included in the table is essential and that a translation
 should be provided. The request may be refused if the officer is satisfied that the should be provided. The request may be refused if the officer is satisfied that the
 translation requested is not essential for the purposes described in paragraph 1 above. translation requested is not essential for the purposes described in paragraph 1 above.
 +
 9. If the custody officer has any doubts about 9. If the custody officer has any doubts about
 providing an oral translation or summary of an essential document instead of a written providing an oral translation or summary of an essential document instead of a written
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 the officer should seek advice from an inspector or above. the officer should seek advice from an inspector or above.
 Documentation Documentation
 +
 10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody 10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody
 record or interview record as appropriate (see Code C paragraph 13.11(e)). record or interview record as appropriate (see Code C paragraph 13.11(e)).
 Notes for Guidance Notes for Guidance
 +
 M1 It is not necessary to disclose information in any translation which is capable of M1 It is not necessary to disclose information in any translation which is capable of
 undermining or otherwise adversely affecting any investigative processes, for example, by undermining or otherwise adversely affecting any investigative processes, for example, by
 enabling the suspect to fabricate an innocent explanation or to conceal lies from the enabling the suspect to fabricate an innocent explanation or to conceal lies from the
 interviewer. interviewer.
 +
 M2 No police officer or police staff shall indicate to any suspect, except to answer a direct M2 No police officer or police staff shall indicate to any suspect, except to answer a direct
 question, whether the period for which they are liable to be detained or if not detained, the question, whether the period for which they are liable to be detained or if not detained, the
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 to a written translation of an essential document; or to a written translation of an essential document; or
 if they decide to waive their right to a written translation of an essential document. if they decide to waive their right to a written translation of an essential document.
 +
 M3 There is no power under PACE to detain a person or to delay their release solely to create M3 There is no power under PACE to detain a person or to delay their release solely to create
 and provide a written translation of any essential document. ​ and provide a written translation of any essential document. ​
-C + 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers + 
-82 +-- ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) ​-- 
-ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12)+
 Part 1: When the physical presence of the interpreter is not required. Part 1: When the physical presence of the interpreter is not required.
 +
 1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate,​ 1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate,​
 communication technology such as videoconferencing,​ telephone or the Internet may be communication technology such as videoconferencing,​ telephone or the Internet may be
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 and the following provisions of this Annex determine whether the use of a live-link is and the following provisions of this Annex determine whether the use of a live-link is
 appropriate in any particular case. appropriate in any particular case.
 +
 2. Decisions in accordance with this Annex that the physical presence of the interpreter is not 2. Decisions in accordance with this Annex that the physical presence of the interpreter is not
 required and to permit live-link interpretation,​ must be made on a case by case basis. Each required and to permit live-link interpretation,​ must be made on a case by case basis. Each
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 affected as described, it is important to note that a person who does not require an affected as described, it is important to note that a person who does not require an
 appropriate adult may also be adversely impacted by the use of live-link interpretation. appropriate adult may also be adversely impacted by the use of live-link interpretation.
 +
 +
 3. Examples of purposes referred to in paragraph 2 include: 3. Examples of purposes referred to in paragraph 2 include:
 +
 (a) understanding and appreciating their position having regard to any information given to (a) understanding and appreciating their position having regard to any information given to
 them, or sought from them, in accordance with this or any other Code of Practice which, them, or sought from them, in accordance with this or any other Code of Practice which,
 in particular, include: in particular, include:
 +
 the caution (see paragraphs C10.1 and 10.12). the caution (see paragraphs C10.1 and 10.12).
 +
 the special warning (see paragraphs 10.10 to 10.12). the special warning (see paragraphs 10.10 to 10.12).
 +
 information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA). information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA).
 +
 the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). the grounds and reasons for detention (see paragraphs 13.10 and 13.10A).
 +
 the translation of essential documents (see paragraph 13.10B and Annex M). the translation of essential documents (see paragraph 13.10B and Annex M).
 +
 their rights and entitlements (see paragraph 3.12 and C3.21(b)). their rights and entitlements (see paragraph 3.12 and C3.21(b)).
- intimate and non-intimate searches of detained persons at police stations.+ 
 +intimate and non-intimate searches of detained persons at police stations. 
 provisions and procedures to which Code D (Identification) applies concerning, for provisions and procedures to which Code D (Identification) applies concerning, for
 example, eye-witness identification,​ taking fingerprints,​ samples and photographs. example, eye-witness identification,​ taking fingerprints,​ samples and photographs.
 +
 +
 (b) understanding and seeking clarification from the interviewer of questions asked during (b) understanding and seeking clarification from the interviewer of questions asked during
 an interview conducted and recorded in accordance with Code E or Code F and of an interview conducted and recorded in accordance with Code E or Code F and of
 anything else that is said by the interviewer and answering the questions. anything else that is said by the interviewer and answering the questions.
 +
 (c) consulting privately with their solicitor and (if applicable) the appropriate adult (see (c) consulting privately with their solicitor and (if applicable) the appropriate adult (see
 paragraphs 3.18, 13.2A, 13.6 and 13.9): paragraphs 3.18, 13.2A, 13.6 and 13.9):
 +
 (i) to help decide whether to answer questions put to them during interview; and (i) to help decide whether to answer questions put to them during interview; and
 +
 (ii) about any other matter concerning their detention and treatment whilst in custody. (ii) about any other matter concerning their detention and treatment whilst in custody.
 +
 (d) communicating with practitioners and others who have some formal responsibility for, or (d) communicating with practitioners and others who have some formal responsibility for, or
 an interest in, the health and welfare of the suspect. Particular examples include an interest in, the health and welfare of the suspect. Particular examples include
 appropriate healthcare professionals (see section 9 of this Code), Independent Custody appropriate healthcare professionals (see section 9 of this Code), Independent Custody
 Visitors and drug arrest referral workers. Visitors and drug arrest referral workers.
-C + 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-83+
 4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a 4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a
 particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation
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 their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink
 interpretation must be explained and demonstrated to them, they must be advised of the interpretation must be explained and demonstrated to them, they must be advised of the
-chief officer’s obligations concerning the security of live-link communications under paragraph +chief officer’s obligations concerning the security of live-link communications under paragraph 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink
-13.13 (see Note N2) and they must be asked if they wish to make representations that livelink+
 interpretation should not be used or if they require more information about the operation interpretation should not be used or if they require more information about the operation
 of the arrangements. They must also be told that at any time live-link interpretation is in use, of the arrangements. They must also be told that at any time live-link interpretation is in use,
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 should cease and that the physical presence of an interpreter should be arranged. should cease and that the physical presence of an interpreter should be arranged.
 When the authority of an inspector is required When the authority of an inspector is required
 +
 5. If representations are made that live-link interpretation should not be used, or that at any time 5. If representations are made that live-link interpretation should not be used, or that at any time
 live-link interpretation is in use, its operation should cease and the physical presence of an live-link interpretation is in use, its operation should cease and the physical presence of an
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 may be) continue to be used, unless authorised in writing by an officer of the rank of may be) continue to be used, unless authorised in writing by an officer of the rank of
 inspector or above, in accordance with paragraph 6. inspector or above, in accordance with paragraph 6.
 +
 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time
 an interpreter is required, live-link interpretation is necessary and justified. In making this an interpreter is required, live-link interpretation is necessary and justified. In making this
 decision, the officer must have regard to: decision, the officer must have regard to:
 +
 (a) the circumstances of the suspect; (a) the circumstances of the suspect;
 +
 (b) the nature and seriousness of the offence; (b) the nature and seriousness of the offence;
 +
 (c) the requirements of the investigation,​ including its likely impact on both the suspect and (c) the requirements of the investigation,​ including its likely impact on both the suspect and
 any victim(s); any victim(s);
 +
 (d) the representations made by the suspect, their solicitor and (if applicable) the (d) the representations made by the suspect, their solicitor and (if applicable) the
 appropriate adult that live-link interpretation should not be used (see paragraph 5) appropriate adult that live-link interpretation should not be used (see paragraph 5)
 +
 (e) the availability of a suitable interpreter to be physically present compared with the (e) the availability of a suitable interpreter to be physically present compared with the
 availability of a suitable interpreter for live-link interpretation (see Note N3); and availability of a suitable interpreter for live-link interpretation (see Note N3); and
 +
 (f) the risk if the interpreter is not physically present, evidence obtained using link (f) the risk if the interpreter is not physically present, evidence obtained using link
 interpretation might be excluded in subsequent criminal proceedings;​ and interpretation might be excluded in subsequent criminal proceedings;​ and
 +
 (g) the likely impact on the suspect and the investigation of any consequential delay to (g) the likely impact on the suspect and the investigation of any consequential delay to
 arrange for the interpreter to be physically present with the suspect. arrange for the interpreter to be physically present with the suspect.
 +
 7. For the purposes of Code E and live-link interpretation,​ there is no requirement to make a 7. For the purposes of Code E and live-link interpretation,​ there is no requirement to make a
 visual recording which shows the interpreter as viewed by the suspect and others present at visual recording which shows the interpreter as viewed by the suspect and others present at
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 that Code F should be applied. that Code F should be applied.
 Documentation Documentation
 +
 8. A record must be made of the actions, decisions, authorisations and outcomes arising from 8. A record must be made of the actions, decisions, authorisations and outcomes arising from
 the requirements of this Annex. This includes representations made in accordance with the requirements of this Annex. This includes representations made in accordance with
 paragraphs 4 and 7.  paragraphs 4 and 7. 
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-84+
 Part 2: Modifications for live-link interpretation Part 2: Modifications for live-link interpretation
 9. The following modification shall apply for the purposes of live-link interpretation:​ 9. The following modification shall apply for the purposes of live-link interpretation:​
 +
 (a) Code C paragraph 13.3: (a) Code C paragraph 13.3:
 For the third sentence, substitute: “A clear legible copy of the complete record shall be For the third sentence, substitute: “A clear legible copy of the complete record shall be
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 advise the interpreter of their obligation to keep the original record securely for that advise the interpreter of their obligation to keep the original record securely for that
 purpose.”;​ purpose.”;​
 +
 (b) Code C paragraph 13.4: (b) Code C paragraph 13.4:
 For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall
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 use in evidence if required and must advise the interpreter of their obligation to keep the use in evidence if required and must advise the interpreter of their obligation to keep the
 original record securely for that purpose.”;​ original record securely for that purpose.”;​
 +
 (c) Code C paragraph 13.7: (c) Code C paragraph 13.7:
 After the first sentence, insert: “A clear legible copy of the certified record must be sent After the first sentence, insert: “A clear legible copy of the certified record must be sent
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 for use as evidence if required and must advise the interpreter of their obligation to keep for use as evidence if required and must advise the interpreter of their obligation to keep
 the original record securely for that purpose.” the original record securely for that purpose.”
 +
 (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews
 At the beginning of each paragraph, insert: “Before the interview commences, the At the beginning of each paragraph, insert: “Before the interview commences, the
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 their solicitor and appropriate adult, unless it has been previously explained and their solicitor and appropriate adult, unless it has been previously explained and
 demonstrated (see Code C Annex N paragraph 4).” demonstrated (see Code C Annex N paragraph 4).”
 +
 (e) Codes E and F, paragraph 4.18 (signing master recording label) (e) Codes E and F, paragraph 4.18 (signing master recording label)
 After the third sentence, insert, “If live-link interpretation has been used, the interviewer After the third sentence, insert, “If live-link interpretation has been used, the interviewer
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 required and must advise the interpreter of their obligation to keep the original required and must advise the interpreter of their obligation to keep the original
 confirmation securely for that purpose.” confirmation securely for that purpose.”
-Notes for Guidance+ 
 + 
 +-- Notes for Guidance ​-- 
 N1 For purposes other than an interview, audio-only live-link interpretation,​ for example by N1 For purposes other than an interview, audio-only live-link interpretation,​ for example by
 telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an
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 concerns and contribute to the completion of the risk assessment (see Code C paragraph concerns and contribute to the completion of the risk assessment (see Code C paragraph
 3.6).  3.6). 
-C +
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-85+
 N2 The explanation and demonstration of live-link interpretation is intended to help the suspect, N2 The explanation and demonstration of live-link interpretation is intended to help the suspect,
 solicitor and appropriate adult make an informed decision and to allay any concerns they solicitor and appropriate adult make an informed decision and to allay any concerns they
 may have. may have.
 +
 N3 Factors affecting availability of a suitable interpreter will include the location of the police N3 Factors affecting availability of a suitable interpreter will include the location of the police
 station and the language and type of interpretation (oral or sign language) required. ​ station and the language and type of interpretation (oral or sign language) required. ​
 www.tso.co.uk www.tso.co.uk
 +
 The Code contained in this booklet has been issued by the Home Secretary under The Code contained in this booklet has been issued by the Home Secretary under
 the Police and Criminal Evidence Act 1984 and has been approved by Parliament. the Police and Criminal Evidence Act 1984 and has been approved by Parliament.
code_c.txt · Last modified: 2017/07/20 14:56 by frescom

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