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code_c [2017/06/21 10:28] 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 2780: | 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 4099: | 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 4110: | 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 4120: | 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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