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code_c [2017/06/21 10:28]
frescom
code_c [2017/07/20 14:56]
frescom
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 ====== PACE CODE C ====== ====== PACE CODE C ======
  
-CODE C+CODE C  
  
 February 2017 February 2017
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 2.1A When a person: 2.1A When a person:
 is brought to a police station under arrest is brought to a police station under arrest
-is arrested at the police station having attended there voluntarily or +is arrested at the police station having attended there voluntarily or attends a police station to answer bail they must be brought before the custody officer as soon as practicable after their arrival at
- attends a police station to answer bail +
-they must be brought before the custody officer as soon as practicable after their arrival at+
 the station or if applicable, following their arrest after attending the police station voluntarily. the station or if applicable, following their arrest after attending the police station voluntarily.
 This applies to both designated and non-designated police stations. A person is deemed to This applies to both designated and non-designated police stations. A person is deemed to
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 power no longer applies, or their transfer if the power requires the detainee be taken power no longer applies, or their transfer if the power requires the detainee be taken
 elsewhere as soon as the necessary arrangements are made. Examples include persons: elsewhere as soon as the necessary arrangements are made. Examples include persons:
 +
 (a) arrested on warrant because they failed to answer bail to appear at court; (a) arrested on warrant because they failed to answer bail to appear at court;
 +
 (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted
 after charge; after charge;
 +
 (c) in police custody for specific purposes and periods under the Crime (Sentences) Act (c) in police custody for specific purposes and periods under the Crime (Sentences) Act
 1997, Schedule 1; 1997, Schedule 1;
 +
 (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service
 under the Imprisonment (Temporary Provisions) Act 1980, section 6; under the Imprisonment (Temporary Provisions) Act 1980, section 6;
 +
 (e) being detained to prevent them causing a breach of the peace; (e) being detained to prevent them causing a breach of the peace;
 +
 (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK
 Immigration Service); Immigration Service);
 +
 (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section
 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of
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 the time, be given an opportunity to make representations to the officer about the need for the time, be given an opportunity to make representations to the officer about the need for
 continuing detention. See paragraph 15.3. continuing detention. See paragraph 15.3.
 +
 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person
 with an offence or takes such other action as is appropriate when there is sufficient with an offence or takes such other action as is appropriate when there is sufficient
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 if they are at the police station. A copy of the written notice embodying any charge must if they are at the police station. A copy of the written notice embodying any charge must
 also be given to the appropriate adult. See paragraphs 16.1 to 16.4A also be given to the appropriate adult. See paragraphs 16.1 to 16.4A
 +
 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person
 may take place only in the presence of the appropriate adult of the same sex, unless the may take place only in the presence of the appropriate adult of the same sex, unless the
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 when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5
 and 11(c). and 11(c).
 +
 13. Particular care must be taken when deciding whether to use any form of approved 13. Particular care must be taken when deciding whether to use any form of approved
 restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell.
 See paragraph 8.2. See paragraph 8.2.
 +
 Notes for Guidance Notes for Guidance
 +
 E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a
 mentally disordered or otherwise mentally vulnerable detained person who does not mentally disordered or otherwise mentally vulnerable detained person who does not
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 appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult is called to the police station, to consult privately with a solicitor in the
 absence of the appropriate adult if they want. absence of the appropriate adult if they want.
 +
 E2 Although people who are mentally disordered or otherwise mentally vulnerable are often E2 Although people who are mentally disordered or otherwise mentally vulnerable are often
 capable of providing reliable evidence, they may, without knowing or wanting to do so, be capable of providing reliable evidence, they may, without knowing or wanting to do so, be
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 person’s mental state or capacity. Because of the risk of unreliable evidence, it is important person’s mental state or capacity. Because of the risk of unreliable evidence, it is important
 to obtain corroboration of any facts admitted whenever possible. to obtain corroboration of any facts admitted whenever possible.
 +
 E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is
 intended to minimise, officers of superintendent rank or above should exercise their intended to minimise, officers of superintendent rank or above should exercise their
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 absence only in exceptional cases, if it is necessary to avert an immediate risk of serious absence only in exceptional cases, if it is necessary to avert an immediate risk of serious
 harm. See paragraphs 11.1 and 11.18 to 11.20. harm. See paragraphs 11.1 and 11.18 to 11.20.
-+
-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.
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-74+
 ANNEX F Not used ANNEX F Not used
 +
 ANNEX G FITNESS TO BE INTERVIEWED ANNEX G FITNESS TO BE INTERVIEWED
 +
 1. This Annex contains general guidance to help police officers and healthcare professionals 1. This Annex contains general guidance to help police officers and healthcare professionals
 assess whether a detainee might be at risk in an interview. assess whether a detainee might be at risk in an interview.
 +
 2. A detainee may be at risk in a interview if it is considered that: 2. A detainee may be at risk in a interview if it is considered that:
 +
 (a) conducting the interview could significantly harm the detainee’s physical or mental (a) conducting the interview could significantly harm the detainee’s physical or mental
 state; state;
 +
 (b) anything the detainee says in the interview about their involvement or suspected (b) anything the detainee says in the interview about their involvement or suspected
 involvement in the offence about which they are being interviewed might be involvement in the offence about which they are being interviewed might be
 considered unreliable in subsequent court proceedings because of their physical or considered unreliable in subsequent court proceedings because of their physical or
 mental state. mental state.
 +
 3. In assessing whether the detainee should be interviewed,​ the following must be considered: 3. In assessing whether the detainee should be interviewed,​ the following must be considered:
 +
 (a) how the detainee’s physical or mental state might affect their ability to understand the (a) how the detainee’s physical or mental state might affect their ability to understand the
 nature and purpose of the interview, to comprehend what is being asked and to nature and purpose of the interview, to comprehend what is being asked and to
 appreciate the significance of any answers given and make rational decisions about appreciate the significance of any answers given and make rational decisions about
 whether they want to say anything; whether they want to say anything;
 +
 (b) the extent to which the detainee’s replies may be affected by their physical or mental (b) the extent to which the detainee’s replies may be affected by their physical or mental
 condition rather than representing a rational and accurate explanation of their condition rather than representing a rational and accurate explanation of their
 involvement in the offence; involvement in the offence;
 +
 (c) how the nature of the interview, which could include particularly probing questions, (c) how the nature of the interview, which could include particularly probing questions,
 might affect the detainee. might affect the detainee.
 +
 4. It is essential healthcare professionals who are consulted consider the functional ability of 4. It is essential healthcare professionals who are consulted consider the functional ability of
 the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a
 person with severe mental illness to be fit for interview. person with severe mental illness to be fit for interview.
 +
 5. Healthcare professionals should advise on the need for an appropriate adult to be present, 5. Healthcare professionals should advise on the need for an appropriate adult to be present,
 whether reassessment of the person’s fitness for interview may be necessary if the whether reassessment of the person’s fitness for interview may be necessary if the
 interview lasts beyond a specified time, and whether a further specialist opinion may be interview lasts beyond a specified time, and whether a further specialist opinion may be
 required. required.
 +
 6. When healthcare professionals identify risks they should be asked to quantify the risks. 6. When healthcare professionals identify risks they should be asked to quantify the risks.
 They should inform the custody officer: They should inform the custody officer:
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 ~ will require or be amenable to treatment; and ~ will require or be amenable to treatment; and
 indicate how long it may take for such improvement to take effect. indicate how long it may take for such improvement to take effect.
 +
 7. The role of the healthcare professional is to consider the risks and advise the custody 7. The role of the healthcare professional is to consider the risks and advise the custody
 officer of the outcome of that consideration. The healthcare professional’s determination officer of the outcome of that consideration. The healthcare professional’s determination
 and any advice or recommendations should be made in writing and form part of the custody and any advice or recommendations should be made in writing and form part of the custody
 record. record.
 +
 8. Once the healthcare professional has provided that information,​ it is a matter for the 8. Once the healthcare professional has provided that information,​ it is a matter for the
 custody officer to decide whether or not to allow the interview to go ahead and if the custody officer to decide whether or not to allow the interview to go ahead and if the
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 to an appropriate adult, in order constantly to monitor the person’s condition and how it is to an appropriate adult, in order constantly to monitor the person’s condition and how it is
 being affected by the interview. being affected by the interview.
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-75+
 ANNEX H DETAINED PERSON: OBSERVATION LIST ANNEX H DETAINED PERSON: OBSERVATION LIST
 +
 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare
 professional or an ambulance must be called. professional or an ambulance must be called.
 +
 2. When assessing the level of rousability,​ consider: 2. When assessing the level of rousability,​ consider:
 Rousability - can they be woken? Rousability - can they be woken?
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 call their name call their name
 shake gently shake gently
 +
 Response to questions - can they give appropriate answers to questions such as: Response to questions - can they give appropriate answers to questions such as:
 What’s your name? What’s your name?
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 Where do you think you are? Where do you think you are?
 Response to commands - can they respond appropriately to commands such as: Response to commands - can they respond appropriately to commands such as:
- Open your eyes!+Open your eyes!
 Lift one arm, now the other arm! Lift one arm, now the other arm!
 +
 3. Remember to take into account the possibility or presence of other illnesses, injury, or 3. Remember to take into account the possibility or presence of other illnesses, injury, or
 mental condition; a person who is drowsy and smells of alcohol may also have the mental condition; a person who is drowsy and smells of alcohol may also have the
 following: following:
- Diabetes +Diabetes 
- ​Epilepsy +Epilepsy 
- Head injury+Head injury
 Drug intoxication or overdose Drug intoxication or overdose
 Stroke Stroke
 +
 ANNEX I Not used ANNEX I Not used
 +
 ANNEX J Not used ANNEX J Not used
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-76+
 ANNEX K X-RAYS AND ULTRASOUND SCANS ANNEX K X-RAYS AND ULTRASOUND SCANS
 +
 (a) Action (a) Action
 +
 1. PACE, section 55A allows a person who has been arrested and is in police detention to 1. PACE, section 55A allows a person who has been arrested and is in police detention to
 have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if:
 +
 (a) authorised by an officer of inspector rank or above who has reasonable grounds for (a) authorised by an officer of inspector rank or above who has reasonable grounds for
 believing that the detainee: believing that the detainee:
 +
 (i) may have swallowed a Class A drug; and (i) may have swallowed a Class A drug; and
 +
 (ii) was in possession of that Class A drug with the intention of supplying it to (ii) was in possession of that Class A drug with the intention of supplying it to
 another or to export; and another or to export; and
 +
 (b) the detainee’s appropriate consent has been given in writing. (b) the detainee’s appropriate consent has been given in writing.
 +
 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated
 detention officer must tell the detainee:- detention officer must tell the detainee:-
 +
 (a) that the authority has been given; and (a) that the authority has been given; and
 +
 (b) the grounds for giving the authorisation. (b) the grounds for giving the authorisation.
 +
 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan,
 they must be warned that if they refuse without good cause their refusal may harm their they must be warned that if they refuse without good cause their refusal may harm their
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 reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the
 reminder noted in the custody record. reminder noted in the custody record.
 +
 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered
 medical practitioner or registered nurse, and only at a hospital, surgery or other medical medical practitioner or registered nurse, and only at a hospital, surgery or other medical
 premises. premises.
 +
 (b) Documentation (b) Documentation
 +
 5. The following shall be recorded as soon as practicable in the detainee’s custody record: 5. The following shall be recorded as soon as practicable in the detainee’s custody record:
 +
 (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both);
 +
 (b) the grounds for giving the authorisation;​ (b) the grounds for giving the authorisation;​
 +
 (c) the giving of the warning required by paragraph 3; and (c) the giving of the warning required by paragraph 3; and
 +
 (d) the fact that the appropriate consent was given or (as the case may be) refused, and (d) the fact that the appropriate consent was given or (as the case may be) refused, and
 if refused, the reason given for the refusal (if any); and if refused, the reason given for the refusal (if any); and
 +
 (e) if an x-ray is taken or an ultrasound scan carried out: (e) if an x-ray is taken or an ultrasound scan carried out:
 where it was taken or carried out; where it was taken or carried out;
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  who was present;  who was present;
 the result. the result.
 +
 6 Not used. 6 Not used.
 +
 Notes for Guidance Notes for Guidance
 +
 K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or
 both), consideration should be given to asking a registered medical practitioner or both), consideration should be given to asking a registered medical practitioner or
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 detainee might have about the effect which taking an x-ray or carrying out an ultrasound detainee might have about the effect which taking an x-ray or carrying out an ultrasound
 scan might have on them. If appropriate consent is not given, evidence of the explanation ​ scan might have on them. If appropriate consent is not given, evidence of the explanation ​
-C 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers 
-77 
 may, if the case comes to trial, be relevant to determining whether the detainee had a good may, if the case comes to trial, be relevant to determining whether the detainee had a good
 cause for refusing. cause for refusing.
 +
 K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound
 scan being carried out (or both), as in paragraph 3, the following form of words may be scan being carried out (or both), as in paragraph 3, the following form of words may be
 used: used:
 +
 “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried
 out on you, but I must warn you that if you refuse without good cause, your refusal may out on you, but I must warn you that if you refuse without good cause, your refusal may
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 Where the use of the Welsh Language is appropriate,​ the following form of words may be Where the use of the Welsh Language is appropriate,​ the following form of words may be
 provided in Welsh: provided in Welsh:
 +
 “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch,
 ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm
 da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.”
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-78+
 ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
 +
 1. Certain provisions of this and other PACE Codes explicitly state that searches and other 1. Certain provisions of this and other PACE Codes explicitly state that searches and other
 procedures may only be carried out by, or in the presence of, persons of the same sex as procedures may only be carried out by, or in the presence of, persons of the same sex as
 the person subject to the search or other procedure. See Note L1. the person subject to the search or other procedure. See Note L1.
 +
 2. All searches and procedures must be carried out with courtesy, consideration and respect 2. All searches and procedures must be carried out with courtesy, consideration and respect
 for the person concerned. Police officers should show particular sensitivity when dealing for the person concerned. Police officers should show particular sensitivity when dealing
 with transgender individuals (including transsexual persons) and transvestite persons (see with transgender individuals (including transsexual persons) and transvestite persons (see
 Notes L2, L3 and L4). Notes L2, L3 and L4).
 +
 (a) Consideration (a) Consideration
 +
 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at
 birth unless they have been issued with a Gender Recognition Certificate (GRC) under the birth unless they have been issued with a Gender Recognition Certificate (GRC) under the
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 becomes that of a man and, if it is the female gender, the person’s sex becomes that of a becomes that of a man and, if it is the female gender, the person’s sex becomes that of a
 woman and they must be treated as their acquired gender. woman and they must be treated as their acquired gender.
 +
 4. When establishing whether the person concerned should be treated as being male or 4. When establishing whether the person concerned should be treated as being male or
 female for the purposes of these searches and procedures, the following approach which is female for the purposes of these searches and procedures, the following approach which is
 designed to minimise embarrassment and secure the person’s co-operation should be designed to minimise embarrassment and secure the person’s co-operation should be
 followed: followed:
 +
 (a) The person must not be asked whether they have a GRC (see paragraph 8); (a) The person must not be asked whether they have a GRC (see paragraph 8);
 +
 (b) If there is no doubt as to as to whether the person concerned should be treated as (b) If there is no doubt as to as to whether the person concerned should be treated as
 being male or female, they should be dealt with as being of that sex. being male or female, they should be dealt with as being of that sex.
 +
 (c) If at any time (including during the search or carrying out the procedure) there is doubt (c) If at any time (including during the search or carrying out the procedure) there is doubt
 as to whether the person should be treated, or continue to be treated, as being male as to whether the person should be treated, or continue to be treated, as being male
 or female: or female:
 +
 (i) the person should be asked what gender they consider themselves to be. If they (i) the person should be asked what gender they consider themselves to be. If they
 express a preference to be dealt with as a particular gender, they should be express a preference to be dealt with as a particular gender, they should be
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 notebook. Subject to (ii) below, the person should be treated according to their notebook. Subject to (ii) below, the person should be treated according to their
 preference; preference;
 +
 (ii) if there are grounds to doubt that the preference in (i) accurately reflects the (ii) if there are grounds to doubt that the preference in (i) accurately reflects the
 person’s predominant lifestyle, for example, if they ask to be treated as a woman person’s predominant lifestyle, for example, if they ask to be treated as a woman
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 as a man, or vice versa, they should be treated according to what appears to be as a man, or vice versa, they should be treated according to what appears to be
 their predominant lifestyle and not their stated preference; their predominant lifestyle and not their stated preference;
 +
 (iii) If the person is unwilling to express a preference as in (i) above, efforts should (iii) If the person is unwilling to express a preference as in (i) above, efforts should
 be made to determine their predominant lifestyle and they should be treated as be made to determine their predominant lifestyle and they should be treated as
 such. For example, if they appear to live predominantly as a woman, they such. For example, if they appear to live predominantly as a woman, they
 should be treated as being female; or should be treated as being female; or
 +
 (iv) if none of the above apply, the person should be dealt with according to what (iv) if none of the above apply, the person should be dealt with according to what
 reasonably appears to have been their sex as registered at birth. reasonably appears to have been their sex as registered at birth.
 +
 5. Once a decision has been made about which gender an individual is to be treated as, each 5. Once a decision has been made about which gender an individual is to be treated as, each
 officer responsible for the search or procedure should where possible be advised before the officer responsible for the search or procedure should where possible be advised before the
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 informed that the doubts have been disclosed. This is important so as to maintain the informed that the doubts have been disclosed. This is important so as to maintain the
 dignity of the person and any officers concerned. dignity of the person and any officers concerned.
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-79+
 (b) Documentation (b) Documentation
 +
 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded
 in the person’s custody record or, if a custody record has not been opened, on the search in the person’s custody record or, if a custody record has not been opened, on the search
 record or in the officer’s notebook. record or in the officer’s notebook.
 +
 7. Where the person elects which gender they consider themselves to be under paragraph 7. Where the person elects which gender they consider themselves to be under paragraph
 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason
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 person’s custody record. person’s custody record.
 (c) Disclosure of information (c) Disclosure of information
 +
 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC
 or to a successful applicant’s gender before it became their acquired gender as ‘protected or to a successful applicant’s gender before it became their acquired gender as ‘protected
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 capacity to disclose that information to any other person in contravention of the GRA. capacity to disclose that information to any other person in contravention of the GRA.
 Disclosure includes making a record of ‘protected information’ which is read by others. Disclosure includes making a record of ‘protected information’ which is read by others.
 +
 Notes for Guidance Notes for Guidance
 L1 Provisions to which paragraph 1 applies include: L1 Provisions to which paragraph 1 applies include:
 +
 In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and
 intimate searches of detainees under sections 54 and 55 of PACE); intimate searches of detainees under sections 54 and 55 of PACE);
 +
 In Code A; paragraphs 2.8 and 3.6 and Note 4; In Code A; paragraphs 2.8 and 3.6 and Note 4;
 +
 In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of
 detainees under section 54A of PACE) and paragraph 6.9 (taking samples); detainees under section 54A of PACE) and paragraph 6.9 (taking samples);
 +
 In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and
 intimate searches under sections 54 and 55 of PACE of persons arrested under section intimate searches under sections 54 and 55 of PACE of persons arrested under section
 +
 41 of the Terrorism Act 2000). 41 of the Terrorism Act 2000).
 +
 L2 While there is no agreed definition of transgender (or trans), it is generally used as an L2 While there is no agreed definition of transgender (or trans), it is generally used as an
 umbrella term to describe people whose gender identity (self-identification as being a umbrella term to describe people whose gender identity (self-identification as being a
 woman, man, neither or both) differs from the sex they were registered as at birth. The woman, man, neither or both) differs from the sex they were registered as at birth. The
 term includes, but is not limited to, transsexual people. term includes, but is not limited to, transsexual people.
 +
 L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone
 a process (or part of a process) for the purpose of gender reassignment,​ which is a a process (or part of a process) for the purpose of gender reassignment,​ which is a
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 Both would share the characteristic of gender reassignment with each having the Both would share the characteristic of gender reassignment with each having the
 characteristics of one sex, but with certain characteristics of the other sex. characteristics of one sex, but with certain characteristics of the other sex.
 +
 L4 Transvestite means a person of one gender who dresses in the clothes of a person of the L4 Transvestite means a person of one gender who dresses in the clothes of a person of the
 opposite gender. However, a transvestite does not live permanently in the gender opposite opposite gender. However, a transvestite does not live permanently in the gender opposite
 to their birth sex. to their birth sex.
 +
 L5 Chief officers are responsible for providing corresponding operational guidance and L5 Chief officers are responsible for providing corresponding operational guidance and
 instructions for the deployment of transgender officers and staff under their direction and instructions for the deployment of transgender officers and staff under their direction and
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 procedures described in paragraph 1. The guidance and instructions must comply with the procedures described in paragraph 1. The guidance and instructions must comply with the
 Equality Act 2010 and should therefore complement the approach in this Annex. ​ Equality Act 2010 and should therefore complement the approach in this Annex. ​
-C + 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-80+
 ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED
 +
 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of
 20 October 2010 and this Code, essential documents comprise records required to be 20 October 2010 and this Code, essential documents comprise records required to be
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 proceedings. Passages of essential documents which are not relevant need not be proceedings. Passages of essential documents which are not relevant need not be
 translated. See Note M1 translated. See Note M1
 +
 2. The table below lists the documents considered essential for the purposes of this Code and 2. The table below lists the documents considered essential for the purposes of this Code and
 when (subject to paragraphs 3 to 7) written translations must be created and provided. See when (subject to paragraphs 3 to 7) written translations must be created and provided. See
 paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
 +
 Table of essential documents: Table of essential documents:
- ESSENTIAL DOCUMENTS FOR THE PURPOSES+ESSENTIAL DOCUMENTS FOR THE PURPOSES
 OF THIS CODE OF THIS CODE
 WHEN TRANSLATION WHEN TRANSLATION
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 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