This shows you the differences between two versions of the page.
Both sides previous revision Previous revision Next revision | Previous revision | ||
code_c [2017/06/21 10:28] frescom |
code_c [2017/07/20 14:56] frescom |
||
---|---|---|---|
Line 1: | Line 1: | ||
====== PACE CODE C ====== | ====== PACE CODE C ====== | ||
- | CODE C | + | CODE C |
February 2017 | February 2017 | ||
Line 448: | Line 449: | ||
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 2779: | ||
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 3820: | Line 3826: | ||
the time, be given an opportunity to make representations to the officer about the need for | the time, be given an opportunity to make representations to the officer about the need for | ||
continuing detention. See paragraph 15.3. | continuing detention. See paragraph 15.3. | ||
+ | |||
11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person | 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person | ||
with an offence or takes such other action as is appropriate when there is sufficient | with an offence or takes such other action as is appropriate when there is sufficient | ||
Line 3825: | Line 3832: | ||
if they are at the police station. A copy of the written notice embodying any charge must | if they are at the police station. A copy of the written notice embodying any charge must | ||
also be given to the appropriate adult. See paragraphs 16.1 to 16.4A | also be given to the appropriate adult. See paragraphs 16.1 to 16.4A | ||
+ | |||
12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person | 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person | ||
may take place only in the presence of the appropriate adult of the same sex, unless the | may take place only in the presence of the appropriate adult of the same sex, unless the | ||
Line 3831: | Line 3839: | ||
when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 | when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 | ||
and 11(c). | and 11(c). | ||
+ | |||
13. Particular care must be taken when deciding whether to use any form of approved | 13. Particular care must be taken when deciding whether to use any form of approved | ||
restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. | restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. | ||
See paragraph 8.2. | See paragraph 8.2. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a | E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a | ||
mentally disordered or otherwise mentally vulnerable detained person who does not | mentally disordered or otherwise mentally vulnerable detained person who does not | ||
Line 3841: | Line 3852: | ||
appropriate adult is called to the police station, to consult privately with a solicitor in the | appropriate adult is called to the police station, to consult privately with a solicitor in the | ||
absence of the appropriate adult if they want. | absence of the appropriate adult if they want. | ||
+ | |||
E2 Although people who are mentally disordered or otherwise mentally vulnerable are often | E2 Although people who are mentally disordered or otherwise mentally vulnerable are often | ||
capable of providing reliable evidence, they may, without knowing or wanting to do so, be | capable of providing reliable evidence, they may, without knowing or wanting to do so, be | ||
Line 3848: | Line 3860: | ||
person’s mental state or capacity. Because of the risk of unreliable evidence, it is important | person’s mental state or capacity. Because of the risk of unreliable evidence, it is important | ||
to obtain corroboration of any facts admitted whenever possible. | to obtain corroboration of any facts admitted whenever possible. | ||
+ | |||
E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is | E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is | ||
intended to minimise, officers of superintendent rank or above should exercise their | intended to minimise, officers of superintendent rank or above should exercise their | ||
Line 3853: | Line 3866: | ||
absence only in exceptional cases, if it is necessary to avert an immediate risk of serious | absence only in exceptional cases, if it is necessary to avert an immediate risk of serious | ||
harm. See paragraphs 11.1 and 11.18 to 11.20. | harm. See paragraphs 11.1 and 11.18 to 11.20. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 73 | + | |
E4 When a person is detained under section 136 of the Mental Health Act 1983 for | E4 When a person is detained under section 136 of the Mental Health Act 1983 for | ||
assessment, the appropriate adult has no role in the assessment process and their | assessment, the appropriate adult has no role in the assessment process and their | ||
presence is not required. | presence is not required. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 74 | + | |
ANNEX F Not used | ANNEX F Not used | ||
+ | |||
ANNEX G FITNESS TO BE INTERVIEWED | ANNEX G FITNESS TO BE INTERVIEWED | ||
+ | |||
1. This Annex contains general guidance to help police officers and healthcare professionals | 1. This Annex contains general guidance to help police officers and healthcare professionals | ||
assess whether a detainee might be at risk in an interview. | assess whether a detainee might be at risk in an interview. | ||
+ | |||
2. A detainee may be at risk in a interview if it is considered that: | 2. A detainee may be at risk in a interview if it is considered that: | ||
+ | |||
(a) conducting the interview could significantly harm the detainee’s physical or mental | (a) conducting the interview could significantly harm the detainee’s physical or mental | ||
state; | state; | ||
+ | |||
(b) anything the detainee says in the interview about their involvement or suspected | (b) anything the detainee says in the interview about their involvement or suspected | ||
involvement in the offence about which they are being interviewed might be | involvement in the offence about which they are being interviewed might be | ||
considered unreliable in subsequent court proceedings because of their physical or | considered unreliable in subsequent court proceedings because of their physical or | ||
mental state. | mental state. | ||
+ | |||
3. In assessing whether the detainee should be interviewed, the following must be considered: | 3. In assessing whether the detainee should be interviewed, the following must be considered: | ||
+ | |||
(a) how the detainee’s physical or mental state might affect their ability to understand the | (a) how the detainee’s physical or mental state might affect their ability to understand the | ||
nature and purpose of the interview, to comprehend what is being asked and to | nature and purpose of the interview, to comprehend what is being asked and to | ||
appreciate the significance of any answers given and make rational decisions about | appreciate the significance of any answers given and make rational decisions about | ||
whether they want to say anything; | whether they want to say anything; | ||
+ | |||
(b) the extent to which the detainee’s replies may be affected by their physical or mental | (b) the extent to which the detainee’s replies may be affected by their physical or mental | ||
condition rather than representing a rational and accurate explanation of their | condition rather than representing a rational and accurate explanation of their | ||
involvement in the offence; | involvement in the offence; | ||
+ | |||
(c) how the nature of the interview, which could include particularly probing questions, | (c) how the nature of the interview, which could include particularly probing questions, | ||
might affect the detainee. | might affect the detainee. | ||
+ | |||
4. It is essential healthcare professionals who are consulted consider the functional ability of | 4. It is essential healthcare professionals who are consulted consider the functional ability of | ||
the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a | the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a | ||
person with severe mental illness to be fit for interview. | person with severe mental illness to be fit for interview. | ||
+ | |||
5. Healthcare professionals should advise on the need for an appropriate adult to be present, | 5. Healthcare professionals should advise on the need for an appropriate adult to be present, | ||
whether reassessment of the person’s fitness for interview may be necessary if the | whether reassessment of the person’s fitness for interview may be necessary if the | ||
interview lasts beyond a specified time, and whether a further specialist opinion may be | interview lasts beyond a specified time, and whether a further specialist opinion may be | ||
required. | required. | ||
+ | |||
6. When healthcare professionals identify risks they should be asked to quantify the risks. | 6. When healthcare professionals identify risks they should be asked to quantify the risks. | ||
They should inform the custody officer: | They should inform the custody officer: | ||
Line 3896: | Line 3917: | ||
~ will require or be amenable to treatment; and | ~ will require or be amenable to treatment; and | ||
indicate how long it may take for such improvement to take effect. | indicate how long it may take for such improvement to take effect. | ||
+ | |||
7. The role of the healthcare professional is to consider the risks and advise the custody | 7. The role of the healthcare professional is to consider the risks and advise the custody | ||
officer of the outcome of that consideration. The healthcare professional’s determination | officer of the outcome of that consideration. The healthcare professional’s determination | ||
and any advice or recommendations should be made in writing and form part of the custody | and any advice or recommendations should be made in writing and form part of the custody | ||
record. | record. | ||
+ | |||
8. Once the healthcare professional has provided that information, it is a matter for the | 8. Once the healthcare professional has provided that information, it is a matter for the | ||
custody officer to decide whether or not to allow the interview to go ahead and if the | custody officer to decide whether or not to allow the interview to go ahead and if the | ||
Line 3907: | Line 3930: | ||
to an appropriate adult, in order constantly to monitor the person’s condition and how it is | to an appropriate adult, in order constantly to monitor the person’s condition and how it is | ||
being affected by the interview. | being affected by the interview. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 75 | + | |
ANNEX H DETAINED PERSON: OBSERVATION LIST | ANNEX H DETAINED PERSON: OBSERVATION LIST | ||
+ | |||
1. If any detainee fails to meet any of the following criteria, an appropriate healthcare | 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare | ||
professional or an ambulance must be called. | professional or an ambulance must be called. | ||
+ | |||
2. When assessing the level of rousability, consider: | 2. When assessing the level of rousability, consider: | ||
Rousability - can they be woken? | Rousability - can they be woken? | ||
Line 3918: | Line 3941: | ||
call their name | call their name | ||
shake gently | shake gently | ||
+ | |||
Response to questions - can they give appropriate answers to questions such as: | Response to questions - can they give appropriate answers to questions such as: | ||
What’s your name? | What’s your name? | ||
Line 3923: | Line 3947: | ||
Where do you think you are? | Where do you think you are? | ||
Response to commands - can they respond appropriately to commands such as: | Response to commands - can they respond appropriately to commands such as: | ||
- | Open your eyes! | + | Open your eyes! |
Lift one arm, now the other arm! | Lift one arm, now the other arm! | ||
+ | |||
3. Remember to take into account the possibility or presence of other illnesses, injury, or | 3. Remember to take into account the possibility or presence of other illnesses, injury, or | ||
mental condition; a person who is drowsy and smells of alcohol may also have the | mental condition; a person who is drowsy and smells of alcohol may also have the | ||
following: | following: | ||
- | Diabetes | + | Diabetes |
- | Epilepsy | + | Epilepsy |
- | Head injury | + | Head injury |
Drug intoxication or overdose | Drug intoxication or overdose | ||
Stroke | Stroke | ||
+ | |||
ANNEX I Not used | ANNEX I Not used | ||
+ | |||
ANNEX J Not used | ANNEX J Not used | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 76 | + | |
ANNEX K X-RAYS AND ULTRASOUND SCANS | ANNEX K X-RAYS AND ULTRASOUND SCANS | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
1. PACE, section 55A allows a person who has been arrested and is in police detention to | 1. PACE, section 55A allows a person who has been arrested and is in police detention to | ||
have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: | have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: | ||
+ | |||
(a) authorised by an officer of inspector rank or above who has reasonable grounds for | (a) authorised by an officer of inspector rank or above who has reasonable grounds for | ||
believing that the detainee: | believing that the detainee: | ||
+ | |||
(i) may have swallowed a Class A drug; and | (i) may have swallowed a Class A drug; and | ||
+ | |||
(ii) was in possession of that Class A drug with the intention of supplying it to | (ii) was in possession of that Class A drug with the intention of supplying it to | ||
another or to export; and | another or to export; and | ||
+ | |||
(b) the detainee’s appropriate consent has been given in writing. | (b) the detainee’s appropriate consent has been given in writing. | ||
+ | |||
2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated | 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated | ||
detention officer must tell the detainee:- | detention officer must tell the detainee:- | ||
+ | |||
(a) that the authority has been given; and | (a) that the authority has been given; and | ||
+ | |||
(b) the grounds for giving the authorisation. | (b) the grounds for giving the authorisation. | ||
+ | |||
3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, | 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, | ||
they must be warned that if they refuse without good cause their refusal may harm their | they must be warned that if they refuse without good cause their refusal may harm their | ||
Line 3962: | Line 3997: | ||
reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the | reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the | ||
reminder noted in the custody record. | reminder noted in the custody record. | ||
+ | |||
4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered | 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered | ||
medical practitioner or registered nurse, and only at a hospital, surgery or other medical | medical practitioner or registered nurse, and only at a hospital, surgery or other medical | ||
premises. | premises. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
5. The following shall be recorded as soon as practicable in the detainee’s custody record: | 5. The following shall be recorded as soon as practicable in the detainee’s custody record: | ||
+ | |||
(a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); | (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); | ||
+ | |||
(b) the grounds for giving the authorisation; | (b) the grounds for giving the authorisation; | ||
+ | |||
(c) the giving of the warning required by paragraph 3; and | (c) the giving of the warning required by paragraph 3; and | ||
+ | |||
(d) the fact that the appropriate consent was given or (as the case may be) refused, and | (d) the fact that the appropriate consent was given or (as the case may be) refused, and | ||
if refused, the reason given for the refusal (if any); and | if refused, the reason given for the refusal (if any); and | ||
+ | |||
(e) if an x-ray is taken or an ultrasound scan carried out: | (e) if an x-ray is taken or an ultrasound scan carried out: | ||
where it was taken or carried out; | where it was taken or carried out; | ||
Line 3977: | Line 4020: | ||
who was present; | who was present; | ||
the result. | the result. | ||
+ | |||
6 Not used. | 6 Not used. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or | K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or | ||
both), consideration should be given to asking a registered medical practitioner or | both), consideration should be given to asking a registered medical practitioner or | ||
Line 3984: | Line 4030: | ||
detainee might have about the effect which taking an x-ray or carrying out an ultrasound | detainee might have about the effect which taking an x-ray or carrying out an ultrasound | ||
scan might have on them. If appropriate consent is not given, evidence of the explanation | scan might have on them. If appropriate consent is not given, evidence of the explanation | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 77 | ||
may, if the case comes to trial, be relevant to determining whether the detainee had a good | may, if the case comes to trial, be relevant to determining whether the detainee had a good | ||
cause for refusing. | cause for refusing. | ||
+ | |||
K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound | K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound | ||
scan being carried out (or both), as in paragraph 3, the following form of words may be | scan being carried out (or both), as in paragraph 3, the following form of words may be | ||
used: | used: | ||
+ | |||
“You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried | “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried | ||
out on you, but I must warn you that if you refuse without good cause, your refusal may | out on you, but I must warn you that if you refuse without good cause, your refusal may | ||
Line 3997: | Line 4042: | ||
Where the use of the Welsh Language is appropriate, the following form of words may be | Where the use of the Welsh Language is appropriate, the following form of words may be | ||
provided in Welsh: | provided in Welsh: | ||
+ | |||
“Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, | “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, | ||
ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm | ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm | ||
da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” | da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 78 | + | |
ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING | ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING | ||
+ | |||
1. Certain provisions of this and other PACE Codes explicitly state that searches and other | 1. Certain provisions of this and other PACE Codes explicitly state that searches and other | ||
procedures may only be carried out by, or in the presence of, persons of the same sex as | procedures may only be carried out by, or in the presence of, persons of the same sex as | ||
the person subject to the search or other procedure. See Note L1. | the person subject to the search or other procedure. See Note L1. | ||
+ | |||
2. All searches and procedures must be carried out with courtesy, consideration and respect | 2. All searches and procedures must be carried out with courtesy, consideration and respect | ||
for the person concerned. Police officers should show particular sensitivity when dealing | for the person concerned. Police officers should show particular sensitivity when dealing | ||
with transgender individuals (including transsexual persons) and transvestite persons (see | with transgender individuals (including transsexual persons) and transvestite persons (see | ||
Notes L2, L3 and L4). | Notes L2, L3 and L4). | ||
+ | |||
(a) Consideration | (a) Consideration | ||
+ | |||
3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at | 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at | ||
birth unless they have been issued with a Gender Recognition Certificate (GRC) under the | birth unless they have been issued with a Gender Recognition Certificate (GRC) under the | ||
Line 4018: | Line 4066: | ||
becomes that of a man and, if it is the female gender, the person’s sex becomes that of a | becomes that of a man and, if it is the female gender, the person’s sex becomes that of a | ||
woman and they must be treated as their acquired gender. | woman and they must be treated as their acquired gender. | ||
+ | |||
4. When establishing whether the person concerned should be treated as being male or | 4. When establishing whether the person concerned should be treated as being male or | ||
female for the purposes of these searches and procedures, the following approach which is | female for the purposes of these searches and procedures, the following approach which is | ||
designed to minimise embarrassment and secure the person’s co-operation should be | designed to minimise embarrassment and secure the person’s co-operation should be | ||
followed: | followed: | ||
+ | |||
(a) The person must not be asked whether they have a GRC (see paragraph 8); | (a) The person must not be asked whether they have a GRC (see paragraph 8); | ||
+ | |||
(b) If there is no doubt as to as to whether the person concerned should be treated as | (b) If there is no doubt as to as to whether the person concerned should be treated as | ||
being male or female, they should be dealt with as being of that sex. | being male or female, they should be dealt with as being of that sex. | ||
+ | |||
(c) If at any time (including during the search or carrying out the procedure) there is doubt | (c) If at any time (including during the search or carrying out the procedure) there is doubt | ||
as to whether the person should be treated, or continue to be treated, as being male | as to whether the person should be treated, or continue to be treated, as being male | ||
or female: | or female: | ||
+ | |||
(i) the person should be asked what gender they consider themselves to be. If they | (i) the person should be asked what gender they consider themselves to be. If they | ||
express a preference to be dealt with as a particular gender, they should be | express a preference to be dealt with as a particular gender, they should be | ||
Line 4034: | Line 4087: | ||
notebook. Subject to (ii) below, the person should be treated according to their | notebook. Subject to (ii) below, the person should be treated according to their | ||
preference; | preference; | ||
+ | |||
(ii) if there are grounds to doubt that the preference in (i) accurately reflects the | (ii) if there are grounds to doubt that the preference in (i) accurately reflects the | ||
person’s predominant lifestyle, for example, if they ask to be treated as a woman | person’s predominant lifestyle, for example, if they ask to be treated as a woman | ||
Line 4039: | Line 4093: | ||
as a man, or vice versa, they should be treated according to what appears to be | as a man, or vice versa, they should be treated according to what appears to be | ||
their predominant lifestyle and not their stated preference; | their predominant lifestyle and not their stated preference; | ||
+ | |||
(iii) If the person is unwilling to express a preference as in (i) above, efforts should | (iii) If the person is unwilling to express a preference as in (i) above, efforts should | ||
be made to determine their predominant lifestyle and they should be treated as | be made to determine their predominant lifestyle and they should be treated as | ||
such. For example, if they appear to live predominantly as a woman, they | such. For example, if they appear to live predominantly as a woman, they | ||
should be treated as being female; or | should be treated as being female; or | ||
+ | |||
(iv) if none of the above apply, the person should be dealt with according to what | (iv) if none of the above apply, the person should be dealt with according to what | ||
reasonably appears to have been their sex as registered at birth. | reasonably appears to have been their sex as registered at birth. | ||
+ | |||
5. Once a decision has been made about which gender an individual is to be treated as, each | 5. Once a decision has been made about which gender an individual is to be treated as, each | ||
officer responsible for the search or procedure should where possible be advised before the | officer responsible for the search or procedure should where possible be advised before the | ||
Line 4050: | Line 4107: | ||
informed that the doubts have been disclosed. This is important so as to maintain the | informed that the doubts have been disclosed. This is important so as to maintain the | ||
dignity of the person and any officers concerned. | dignity of the person and any officers concerned. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 79 | + | |
(b) Documentation | (b) Documentation | ||
+ | |||
6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded | 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded | ||
in the person’s custody record or, if a custody record has not been opened, on the search | in the person’s custody record or, if a custody record has not been opened, on the search | ||
record or in the officer’s notebook. | record or in the officer’s notebook. | ||
+ | |||
7. Where the person elects which gender they consider themselves to be under paragraph | 7. Where the person elects which gender they consider themselves to be under paragraph | ||
4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason | 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason | ||
Line 4062: | Line 4119: | ||
person’s custody record. | person’s custody record. | ||
(c) Disclosure of information | (c) Disclosure of information | ||
+ | |||
8. Section 22 of the GRA defines any information relating to a person’s application for a GRC | 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC | ||
or to a successful applicant’s gender before it became their acquired gender as ‘protected | or to a successful applicant’s gender before it became their acquired gender as ‘protected | ||
Line 4068: | Line 4126: | ||
capacity to disclose that information to any other person in contravention of the GRA. | capacity to disclose that information to any other person in contravention of the GRA. | ||
Disclosure includes making a record of ‘protected information’ which is read by others. | Disclosure includes making a record of ‘protected information’ which is read by others. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
L1 Provisions to which paragraph 1 applies include: | L1 Provisions to which paragraph 1 applies include: | ||
+ | |||
In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and | In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and | ||
intimate searches of detainees under sections 54 and 55 of PACE); | intimate searches of detainees under sections 54 and 55 of PACE); | ||
+ | |||
In Code A; paragraphs 2.8 and 3.6 and Note 4; | In Code A; paragraphs 2.8 and 3.6 and Note 4; | ||
+ | |||
In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of | In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of | ||
detainees under section 54A of PACE) and paragraph 6.9 (taking samples); | detainees under section 54A of PACE) and paragraph 6.9 (taking samples); | ||
+ | |||
In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and | In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and | ||
intimate searches under sections 54 and 55 of PACE of persons arrested under section | intimate searches under sections 54 and 55 of PACE of persons arrested under section | ||
+ | |||
41 of the Terrorism Act 2000). | 41 of the Terrorism Act 2000). | ||
+ | |||
L2 While there is no agreed definition of transgender (or trans), it is generally used as an | L2 While there is no agreed definition of transgender (or trans), it is generally used as an | ||
umbrella term to describe people whose gender identity (self-identification as being a | umbrella term to describe people whose gender identity (self-identification as being a | ||
woman, man, neither or both) differs from the sex they were registered as at birth. The | woman, man, neither or both) differs from the sex they were registered as at birth. The | ||
term includes, but is not limited to, transsexual people. | term includes, but is not limited to, transsexual people. | ||
+ | |||
L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone | L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone | ||
a process (or part of a process) for the purpose of gender reassignment, which is a | a process (or part of a process) for the purpose of gender reassignment, which is a | ||
Line 4091: | Line 4157: | ||
Both would share the characteristic of gender reassignment with each having the | Both would share the characteristic of gender reassignment with each having the | ||
characteristics of one sex, but with certain characteristics of the other sex. | characteristics of one sex, but with certain characteristics of the other sex. | ||
+ | |||
L4 Transvestite means a person of one gender who dresses in the clothes of a person of the | L4 Transvestite means a person of one gender who dresses in the clothes of a person of the | ||
opposite gender. However, a transvestite does not live permanently in the gender opposite | opposite gender. However, a transvestite does not live permanently in the gender opposite | ||
to their birth sex. | to their birth sex. | ||
+ | |||
L5 Chief officers are responsible for providing corresponding operational guidance and | L5 Chief officers are responsible for providing corresponding operational guidance and | ||
instructions for the deployment of transgender officers and staff under their direction and | instructions for the deployment of transgender officers and staff under their direction and | ||
Line 4099: | Line 4167: | ||
procedures described in paragraph 1. The guidance and instructions must comply with the | procedures described in paragraph 1. The guidance and instructions must comply with the | ||
Equality Act 2010 and should therefore complement the approach in this Annex. | Equality Act 2010 and should therefore complement the approach in this Annex. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 80 | + | |
ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED | ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED | ||
+ | |||
1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of | 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of | ||
20 October 2010 and this Code, essential documents comprise records required to be | 20 October 2010 and this Code, essential documents comprise records required to be | ||
Line 4110: | Line 4178: | ||
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 4190: | ||
WHEN TRANSLATION | WHEN TRANSLATION | ||
TO BE PROVIDED. | TO BE PROVIDED. | ||
+ | |||
(i) The grounds for each of the following authorisations | (i) The grounds for each of the following authorisations | ||
to keep the person in custody as they are described | to keep the person in custody as they are described | ||
and referred to in the custody record: | and referred to in the custody record: | ||
+ | |||
(a) Authorisation for detention before and after | (a) Authorisation for detention before and after | ||
charge given by the custody officer and by the | charge given by the custody officer and by the | ||
review officer, see Code C paragraphs 3.4 and | review officer, see Code C paragraphs 3.4 and | ||
15.16(a). | 15.16(a). | ||
+ | |||
(b) Authorisation to extend detention without charge | (b) Authorisation to extend detention without charge | ||
beyond 24 hours given by a superintendent, see | beyond 24 hours given by a superintendent, see | ||
Code C paragraph 15.16(b). | Code C paragraph 15.16(b). | ||
+ | |||
(c) A warrant of further detention issued by a | (c) A warrant of further detention issued by a | ||
magistrates’ court and any extension(s) of the | magistrates’ court and any extension(s) of the | ||
warrant, see Code C paragraph 15.16(c). | warrant, see Code C paragraph 15.16(c). | ||
+ | |||
(d) An authority to detain in accordance with the | (d) An authority to detain in accordance with the | ||
directions in a warrant of arrest issued in | directions in a warrant of arrest issued in |