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code_c [2017/04/30 21:31] frescom |
code_c [2017/07/20 14:49] frescom |
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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 | ||
| Line 2217: | Line 2215: | ||
| 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 | ||
| Line 2227: | Line 2226: | ||
| 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 | ||
| Line 2239: | Line 2240: | ||
| 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 | ||
| Line 2255: | Line 2256: | ||
| (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 | ||
| Line 2260: | Line 2262: | ||
| (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 | ||
| Line 2270: | Line 2275: | ||
| 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 | ||
| Line 2283: | Line 2292: | ||
| 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 | ||
| Line 2289: | Line 2299: | ||
| 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 | ||
| Line 2310: | Line 2320: | ||
| 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 | ||
| Line 2316: | Line 2327: | ||
| 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 | ||
| Line 2321: | Line 2333: | ||
| 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 | ||
| Line 2331: | Line 2344: | ||
| 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 | ||
| Line 2337: | Line 2351: | ||
| 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 | ||
| Line 2343: | Line 2358: | ||
| 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 | ||
| Line 2361: | Line 2377: | ||
| 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 | ||
| Line 2370: | Line 2387: | ||
| 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: | ||
| Line 2383: | Line 2401: | ||
| 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 | ||
| Line 2393: | Line 2413: | ||
| 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 | ||
| Line 2416: | Line 2436: | ||
| 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 | ||
| Line 2421: | Line 2442: | ||
| 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 | ||
| Line 2429: | Line 2452: | ||
| 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 | ||
| Line 2439: | Line 2463: | ||
| 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; | ||
| Line 2463: | Line 2489: | ||
| 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 | ||
| Line 2470: | Line 2497: | ||
| 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 | ||
| Line 2479: | Line 2507: | ||
| (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 | ||
| Line 2492: | Line 2521: | ||
| 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 | ||
| Line 2498: | Line 2528: | ||
| 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 | ||
| Line 2510: | Line 2538: | ||
| 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 | ||
| Line 2516: | Line 2546: | ||
| 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 | ||
| Line 2521: | Line 2552: | ||
| 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 | ||
| Line 2548: | Line 2585: | ||
| 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 | ||
| Line 2561: | Line 2601: | ||
| 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 | ||
| Line 2570: | Line 2611: | ||
| (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 | ||
| Line 2577: | Line 2619: | ||
| (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 | ||
| - | C | ||
| - | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
| - | 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 | ||
| Line 2606: | Line 2656: | ||
| 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 | ||
| Line 2615: | Line 2666: | ||
| 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 | ||
| Line 2637: | Line 2690: | ||
| 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. | ||
| - | C | + | |
| - | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
| - | 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 | ||
| Line 2661: | Line 2717: | ||
| (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: | ||
| Line 2674: | Line 2731: | ||
| 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: | ||
| Line 2683: | Line 2743: | ||
| (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; | ||
| - | C | + | |
| - | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
| - | 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 | ||
| Line 2702: | Line 2762: | ||
| 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 | ||
| Line 2715: | Line 2778: | ||
| 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 | ||
| Line 2734: | Line 2804: | ||
| 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 | ||
| Line 2741: | Line 2812: | ||
| 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 | ||
| - | C | ||
| - | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
| - | 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 | ||
| Line 2751: | Line 2820: | ||
| 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 | ||
| Line 2757: | Line 2827: | ||
| 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 | ||
| Line 2770: | Line 2843: | ||
| 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), | ||
| Line 2782: | Line 2857: | ||
| 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 | ||
| Line 2793: | Line 2870: | ||
| 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. | ||
| - | C | + | |
| - | 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 | ||
| Line 2809: | Line 2884: | ||
| 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. | ||
| Line 2817: | Line 2893: | ||
| 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 | ||
| Line 2830: | Line 2907: | ||
| 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; | ||
| Line 2852: | Line 2930: | ||
| (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 | ||
| Line 2979: | Line 3059: | ||
| 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 | ||
| Line 2985: | Line 3066: | ||
| 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. | ||
| Line 3004: | Line 3088: | ||
| 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; | ||
| - | C | + | |
| - | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
| - | 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 | ||
| Line 3021: | Line 3107: | ||
| 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 | ||
| Line 3027: | Line 3114: | ||
| 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 | ||
| Line 3033: | Line 3121: | ||
| 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 | ||
| Line 3043: | Line 3132: | ||
| 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 | ||
| Line 3055: | Line 3148: | ||
| 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 | ||
| Line 3072: | Line 3163: | ||
| 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: | ||
| Line 3079: | Line 3171: | ||
| 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 | ||
| Line 3085: | Line 3178: | ||
| 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 | ||
| Line 3090: | Line 3184: | ||
| (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: | ||
| Line 3106: | Line 3204: | ||
| 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. | ||
| Line 3117: | Line 3214: | ||
| 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) | ||
| Line 3129: | Line 3229: | ||
| 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:– | ||
| Line 3134: | Line 3235: | ||
| 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 | ||
| Line 3146: | Line 3249: | ||
| 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 | ||
| Line 4002: | Line 4104: | ||
| 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 | ||
| Line 4013: | Line 4114: | ||
| 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 4126: | ||
| 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.txt · Last modified: 2017/07/20 14:56 by frescom
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