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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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2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or | 2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or | ||
disclosed: | disclosed: | ||
+ | |||
(a) Not used. | (a) Not used. | ||
+ | |||
(b) if the officer or police staff reasonably believe recording or disclosing their name might | (b) if the officer or police staff reasonably believe recording or disclosing their name might | ||
put them in danger. | put them in danger. | ||
In these cases, they shall use their warrant or other identification numbers and the name of | In these cases, they shall use their warrant or other identification numbers and the name of | ||
their police station. See Note 2A. | their police station. See Note 2A. | ||
+ | |||
2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in | 2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in | ||
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3 Initial action | 3 Initial action | ||
+ | |||
(a) Detained persons - normal procedure | (a) Detained persons - normal procedure | ||
+ | |||
3.1 When a person is brought to a police station under arrest or arrested at the station having | 3.1 When a person is brought to a police station under arrest or arrested at the station having | ||
gone there voluntarily, the custody officer must make sure the person is told clearly about: | gone there voluntarily, the custody officer must make sure the person is told clearly about: | ||
+ | |||
(a) the following continuing rights, which may be exercised at any stage during the period | (a) the following continuing rights, which may be exercised at any stage during the period | ||
in custody: | in custody: | ||
+ | |||
(i) their right to consult privately with a solicitor and that free independent legal | (i) their right to consult privately with a solicitor and that free independent legal | ||
advice is available as in section 6; | advice is available as in section 6; | ||
+ | |||
(ii) their right to have someone informed of their arrest as in section 5; | (ii) their right to have someone informed of their arrest as in section 5; | ||
+ | |||
(iii) their right to consult the Codes of Practice (see Note 3D); and | (iii) their right to consult the Codes of Practice (see Note 3D); and | ||
+ | |||
(iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and | (iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and | ||
their right to communicate with their High Commission, Embassy or Consulate | their right to communicate with their High Commission, Embassy or Consulate | ||
(see paragraph 3.12A). | (see paragraph 3.12A). | ||
+ | |||
(b) their right to be informed about the offence and (as the case may be) any further | (b) their right to be informed about the offence and (as the case may be) any further | ||
offences for which they are arrested whilst in custody and why they have been | offences for which they are arrested whilst in custody and why they have been | ||
arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this | arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this | ||
Code and paragraph 3.3 of Code G. | Code and paragraph 3.3 of Code G. | ||
+ | |||
3.2 The detainee must also be given a written notice, which contains information: | 3.2 The detainee must also be given a written notice, which contains information: | ||
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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 | ||
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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 | ||
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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 | ||
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(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 | ||
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(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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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: | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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; | ||
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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 | ||
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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 | ||
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(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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 | ||
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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 2536: | Line 2586: | ||
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 2549: | Line 2602: | ||
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 2558: | Line 2612: | ||
(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 | ||
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(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 2594: | Line 2657: | ||
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 2603: | Line 2667: | ||
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 2625: | Line 2691: | ||
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 2649: | Line 2718: | ||
(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 2662: | Line 2732: | ||
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 2671: | Line 2744: | ||
(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 2690: | Line 2763: | ||
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 2703: | 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 2722: | Line 2805: | ||
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 2729: | Line 2813: | ||
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 2739: | Line 2821: | ||
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 2745: | Line 2828: | ||
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 2758: | Line 2844: | ||
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 2770: | Line 2858: | ||
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 2781: | Line 2871: | ||
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 2797: | Line 2885: | ||
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 2805: | Line 2894: | ||
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 2818: | Line 2908: | ||
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 2840: | Line 2931: | ||
(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 2967: | Line 3060: | ||
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 2973: | Line 3067: | ||
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. | ||
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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 | ||
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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 3015: | Line 3115: | ||
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 3021: | Line 3122: | ||
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 3031: | Line 3133: | ||
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 3043: | Line 3149: | ||
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 3060: | Line 3164: | ||
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 3067: | Line 3172: | ||
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 3073: | Line 3179: | ||
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 3078: | Line 3185: | ||
(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 3094: | Line 3205: | ||
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 3105: | Line 3215: | ||
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 3117: | Line 3230: | ||
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 3122: | Line 3236: | ||
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 3134: | Line 3250: | ||
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 3711: | 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 3716: | 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 3722: | 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 3732: | 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 3739: | 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 3744: | 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: | ||
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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 | ||
Line 3798: | 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? | ||
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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? | ||
Line 3814: | 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 3853: | 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 3868: | 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 3875: | 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 3888: | 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 3909: | 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 3925: | 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 3930: | 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 3941: | 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 3953: | 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 3959: | 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 3982: | 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 3990: | 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 4001: | 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 4011: | 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 | ||
Line 4038: | Line 4222: | ||
after they have been | after they have been | ||
released (see Note M3). | released (see Note M3). | ||
+ | |||
(ii) Written notice showing particulars of the offence | (ii) Written notice showing particulars of the offence | ||
charged required by Code C paragraph 16.3 or the | charged required by Code C paragraph 16.3 or the | ||
Line 4044: | Line 4229: | ||
As soon as practicable after the person has been | As soon as practicable after the person has been | ||
charged or reported. | charged or reported. | ||
+ | |||
(iii) Written interview records: | (iii) Written interview records: | ||
+ | |||
Code C11.11, 13.3, 13.4 & Code E4.7 | Code C11.11, 13.3, 13.4 & Code E4.7 | ||
Written statement under caution: | Written statement under caution: | ||
+ | |||
Code C Annex D. | Code C Annex D. | ||
- | To be created | + | |
- | contemporaneously by | + | To be created contemporaneously by the interpreter for the person to check and sign. |
- | the interpreter for the | + | |
- | person to check and | + | As soon as practicable after the person has been charged or told they may be prosecuted. |
- | sign. | + | |
- | As soon as practicable | + | |
- | after the person has | + | |
- | been charged or told | + | |
- | they may be | + | |
- | prosecuted. | + | |
3. The custody officer may authorise an oral translation or oral summary of documents (i) to | 3. The custody officer may authorise an oral translation or oral summary of documents (i) to | ||
(ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written | (ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written | ||
Line 4070: | Line 4253: | ||
is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded | is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded | ||
(see paragraph 13.11(e)) | (see paragraph 13.11(e)) | ||
+ | |||
4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation | 4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation | ||
of the essential documents described in the table but only if they do so voluntarily after | of the essential documents described in the table but only if they do so voluntarily after | ||
receiving legal advice or having full knowledge of the consequences and give their | receiving legal advice or having full knowledge of the consequences and give their | ||
unconditional and fully informed consent in writing (see paragraph 9). | unconditional and fully informed consent in writing (see paragraph 9). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 81 | + | |
5. The suspect may be asked if they wish to waive their right to a written translation and | 5. The suspect may be asked if they wish to waive their right to a written translation and | ||
before giving their consent, they must be reminded of their right to legal advice and asked | before giving their consent, they must be reminded of their right to legal advice and asked | ||
whether they wish to speak to a solicitor. | whether they wish to speak to a solicitor. | ||
+ | |||
6. No police officer or police staff should do or say anything with the intention of persuading a | 6. No police officer or police staff should do or say anything with the intention of persuading a | ||
suspect who is entitled to a written translation of an essential document to waive that right. | suspect who is entitled to a written translation of an essential document to waive that right. | ||
See Notes M2 and M3. | See Notes M2 and M3. | ||
+ | |||
7. For the purpose of the waiver: | 7. For the purpose of the waiver: | ||
+ | |||
(a) the consent of a person who is mentally disordered or otherwise mentally vulnerable | (a) the consent of a person who is mentally disordered or otherwise mentally vulnerable | ||
person is only valid if the information about the circumstances under which they can | person is only valid if the information about the circumstances under which they can | ||
waive the right and the reminder about their right to legal advice mentioned in | waive the right and the reminder about their right to legal advice mentioned in | ||
paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult. | paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult. | ||
+ | |||
(b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also | (b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also | ||
obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is | obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is | ||
sufficient in its own right and the information and reminder mentioned in subparagraph | sufficient in its own right and the information and reminder mentioned in subparagraph | ||
+ | |||
(a) above and their consent is also given in the presence of the appropriate | (a) above and their consent is also given in the presence of the appropriate | ||
adult (who may or may not be a parent or guardian). | adult (who may or may not be a parent or guardian). | ||
+ | |||
8. The detainee, their solicitor or appropriate adult may make representations to the custody | 8. The detainee, their solicitor or appropriate adult may make representations to the custody | ||
officer that a document which is not included in the table is essential and that a translation | officer that a document which is not included in the table is essential and that a translation | ||
should be provided. The request may be refused if the officer is satisfied that the | should be provided. The request may be refused if the officer is satisfied that the | ||
translation requested is not essential for the purposes described in paragraph 1 above. | translation requested is not essential for the purposes described in paragraph 1 above. | ||
+ | |||
9. If the custody officer has any doubts about | 9. If the custody officer has any doubts about | ||
providing an oral translation or summary of an essential document instead of a written | providing an oral translation or summary of an essential document instead of a written | ||
Line 4105: | Line 4294: | ||
the officer should seek advice from an inspector or above. | the officer should seek advice from an inspector or above. | ||
Documentation | Documentation | ||
+ | |||
10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody | 10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody | ||
record or interview record as appropriate (see Code C paragraph 13.11(e)). | record or interview record as appropriate (see Code C paragraph 13.11(e)). | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
M1 It is not necessary to disclose information in any translation which is capable of | M1 It is not necessary to disclose information in any translation which is capable of | ||
undermining or otherwise adversely affecting any investigative processes, for example, by | undermining or otherwise adversely affecting any investigative processes, for example, by | ||
enabling the suspect to fabricate an innocent explanation or to conceal lies from the | enabling the suspect to fabricate an innocent explanation or to conceal lies from the | ||
interviewer. | interviewer. | ||
+ | |||
M2 No police officer or police staff shall indicate to any suspect, except to answer a direct | M2 No police officer or police staff shall indicate to any suspect, except to answer a direct | ||
question, whether the period for which they are liable to be detained or if not detained, the | question, whether the period for which they are liable to be detained or if not detained, the | ||
Line 4118: | Line 4310: | ||
to a written translation of an essential document; or | to a written translation of an essential document; or | ||
if they decide to waive their right to a written translation of an essential document. | if they decide to waive their right to a written translation of an essential document. | ||
+ | |||
M3 There is no power under PACE to detain a person or to delay their release solely to create | M3 There is no power under PACE to detain a person or to delay their release solely to create | ||
and provide a written translation of any essential document. | and provide a written translation of any essential document. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 82 | + | -- ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) -- |
- | ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) | + | |
Part 1: When the physical presence of the interpreter is not required. | Part 1: When the physical presence of the interpreter is not required. | ||
+ | |||
1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate, | 1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate, | ||
communication technology such as videoconferencing, telephone or the Internet may be | communication technology such as videoconferencing, telephone or the Internet may be | ||
Line 4131: | Line 4325: | ||
and the following provisions of this Annex determine whether the use of a live-link is | and the following provisions of this Annex determine whether the use of a live-link is | ||
appropriate in any particular case. | appropriate in any particular case. | ||
+ | |||
2. Decisions in accordance with this Annex that the physical presence of the interpreter is not | 2. Decisions in accordance with this Annex that the physical presence of the interpreter is not | ||
required and to permit live-link interpretation, must be made on a case by case basis. Each | required and to permit live-link interpretation, must be made on a case by case basis. Each | ||
Line 4145: | Line 4340: | ||
affected as described, it is important to note that a person who does not require an | affected as described, it is important to note that a person who does not require an | ||
appropriate adult may also be adversely impacted by the use of live-link interpretation. | appropriate adult may also be adversely impacted by the use of live-link interpretation. | ||
+ | |||
+ | |||
3. Examples of purposes referred to in paragraph 2 include: | 3. Examples of purposes referred to in paragraph 2 include: | ||
+ | |||
(a) understanding and appreciating their position having regard to any information given to | (a) understanding and appreciating their position having regard to any information given to | ||
them, or sought from them, in accordance with this or any other Code of Practice which, | them, or sought from them, in accordance with this or any other Code of Practice which, | ||
in particular, include: | in particular, include: | ||
+ | |||
the caution (see paragraphs C10.1 and 10.12). | the caution (see paragraphs C10.1 and 10.12). | ||
+ | |||
the special warning (see paragraphs 10.10 to 10.12). | the special warning (see paragraphs 10.10 to 10.12). | ||
+ | |||
information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA). | information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA). | ||
+ | |||
the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). | the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). | ||
+ | |||
the translation of essential documents (see paragraph 13.10B and Annex M). | the translation of essential documents (see paragraph 13.10B and Annex M). | ||
+ | |||
their rights and entitlements (see paragraph 3.12 and C3.21(b)). | their rights and entitlements (see paragraph 3.12 and C3.21(b)). | ||
- | intimate and non-intimate searches of detained persons at police stations. | + | |
+ | intimate and non-intimate searches of detained persons at police stations. | ||
provisions and procedures to which Code D (Identification) applies concerning, for | provisions and procedures to which Code D (Identification) applies concerning, for | ||
example, eye-witness identification, taking fingerprints, samples and photographs. | example, eye-witness identification, taking fingerprints, samples and photographs. | ||
+ | |||
+ | |||
(b) understanding and seeking clarification from the interviewer of questions asked during | (b) understanding and seeking clarification from the interviewer of questions asked during | ||
an interview conducted and recorded in accordance with Code E or Code F and of | an interview conducted and recorded in accordance with Code E or Code F and of | ||
anything else that is said by the interviewer and answering the questions. | anything else that is said by the interviewer and answering the questions. | ||
+ | |||
(c) consulting privately with their solicitor and (if applicable) the appropriate adult (see | (c) consulting privately with their solicitor and (if applicable) the appropriate adult (see | ||
paragraphs 3.18, 13.2A, 13.6 and 13.9): | paragraphs 3.18, 13.2A, 13.6 and 13.9): | ||
+ | |||
(i) to help decide whether to answer questions put to them during interview; and | (i) to help decide whether to answer questions put to them during interview; and | ||
+ | |||
(ii) about any other matter concerning their detention and treatment whilst in custody. | (ii) about any other matter concerning their detention and treatment whilst in custody. | ||
+ | |||
(d) communicating with practitioners and others who have some formal responsibility for, or | (d) communicating with practitioners and others who have some formal responsibility for, or | ||
an interest in, the health and welfare of the suspect. Particular examples include | an interest in, the health and welfare of the suspect. Particular examples include | ||
appropriate healthcare professionals (see section 9 of this Code), Independent Custody | appropriate healthcare professionals (see section 9 of this Code), Independent Custody | ||
Visitors and drug arrest referral workers. | Visitors and drug arrest referral workers. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 83 | + | |
4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a | 4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a | ||
particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation | particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation | ||
Line 4178: | Line 4389: | ||
their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink | their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink | ||
interpretation must be explained and demonstrated to them, they must be advised of the | interpretation must be explained and demonstrated to them, they must be advised of the | ||
- | chief officer’s obligations concerning the security of live-link communications under paragraph | + | chief officer’s obligations concerning the security of live-link communications under paragraph 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink |
- | 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink | + | |
interpretation should not be used or if they require more information about the operation | interpretation should not be used or if they require more information about the operation | ||
of the arrangements. They must also be told that at any time live-link interpretation is in use, | of the arrangements. They must also be told that at any time live-link interpretation is in use, | ||
Line 4185: | Line 4395: | ||
should cease and that the physical presence of an interpreter should be arranged. | should cease and that the physical presence of an interpreter should be arranged. | ||
When the authority of an inspector is required | When the authority of an inspector is required | ||
+ | |||
5. If representations are made that live-link interpretation should not be used, or that at any time | 5. If representations are made that live-link interpretation should not be used, or that at any time | ||
live-link interpretation is in use, its operation should cease and the physical presence of an | live-link interpretation is in use, its operation should cease and the physical presence of an | ||
Line 4191: | Line 4402: | ||
may be) continue to be used, unless authorised in writing by an officer of the rank of | may be) continue to be used, unless authorised in writing by an officer of the rank of | ||
inspector or above, in accordance with paragraph 6. | inspector or above, in accordance with paragraph 6. | ||
+ | |||
6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time | 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time | ||
an interpreter is required, live-link interpretation is necessary and justified. In making this | an interpreter is required, live-link interpretation is necessary and justified. In making this | ||
decision, the officer must have regard to: | decision, the officer must have regard to: | ||
+ | |||
(a) the circumstances of the suspect; | (a) the circumstances of the suspect; | ||
+ | |||
(b) the nature and seriousness of the offence; | (b) the nature and seriousness of the offence; | ||
+ | |||
(c) the requirements of the investigation, including its likely impact on both the suspect and | (c) the requirements of the investigation, including its likely impact on both the suspect and | ||
any victim(s); | any victim(s); | ||
+ | |||
(d) the representations made by the suspect, their solicitor and (if applicable) the | (d) the representations made by the suspect, their solicitor and (if applicable) the | ||
appropriate adult that live-link interpretation should not be used (see paragraph 5) | appropriate adult that live-link interpretation should not be used (see paragraph 5) | ||
+ | |||
(e) the availability of a suitable interpreter to be physically present compared with the | (e) the availability of a suitable interpreter to be physically present compared with the | ||
availability of a suitable interpreter for live-link interpretation (see Note N3); and | availability of a suitable interpreter for live-link interpretation (see Note N3); and | ||
+ | |||
(f) the risk if the interpreter is not physically present, evidence obtained using link | (f) the risk if the interpreter is not physically present, evidence obtained using link | ||
interpretation might be excluded in subsequent criminal proceedings; and | interpretation might be excluded in subsequent criminal proceedings; and | ||
+ | |||
(g) the likely impact on the suspect and the investigation of any consequential delay to | (g) the likely impact on the suspect and the investigation of any consequential delay to | ||
arrange for the interpreter to be physically present with the suspect. | arrange for the interpreter to be physically present with the suspect. | ||
+ | |||
7. For the purposes of Code E and live-link interpretation, there is no requirement to make a | 7. For the purposes of Code E and live-link interpretation, there is no requirement to make a | ||
visual recording which shows the interpreter as viewed by the suspect and others present at | visual recording which shows the interpreter as viewed by the suspect and others present at | ||
Line 4217: | Line 4437: | ||
that Code F should be applied. | that Code F should be applied. | ||
Documentation | Documentation | ||
+ | |||
8. A record must be made of the actions, decisions, authorisations and outcomes arising from | 8. A record must be made of the actions, decisions, authorisations and outcomes arising from | ||
the requirements of this Annex. This includes representations made in accordance with | the requirements of this Annex. This includes representations made in accordance with | ||
paragraphs 4 and 7. | paragraphs 4 and 7. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 84 | + | |
Part 2: Modifications for live-link interpretation | Part 2: Modifications for live-link interpretation | ||
9. The following modification shall apply for the purposes of live-link interpretation: | 9. The following modification shall apply for the purposes of live-link interpretation: | ||
+ | |||
(a) Code C paragraph 13.3: | (a) Code C paragraph 13.3: | ||
For the third sentence, substitute: “A clear legible copy of the complete record shall be | For the third sentence, substitute: “A clear legible copy of the complete record shall be | ||
Line 4235: | Line 4455: | ||
advise the interpreter of their obligation to keep the original record securely for that | advise the interpreter of their obligation to keep the original record securely for that | ||
purpose.”; | purpose.”; | ||
+ | |||
(b) Code C paragraph 13.4: | (b) Code C paragraph 13.4: | ||
For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall | For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall | ||
Line 4243: | Line 4464: | ||
use in evidence if required and must advise the interpreter of their obligation to keep the | use in evidence if required and must advise the interpreter of their obligation to keep the | ||
original record securely for that purpose.”; | original record securely for that purpose.”; | ||
+ | |||
(c) Code C paragraph 13.7: | (c) Code C paragraph 13.7: | ||
After the first sentence, insert: “A clear legible copy of the certified record must be sent | After the first sentence, insert: “A clear legible copy of the certified record must be sent | ||
Line 4249: | Line 4471: | ||
for use as evidence if required and must advise the interpreter of their obligation to keep | for use as evidence if required and must advise the interpreter of their obligation to keep | ||
the original record securely for that purpose.” | the original record securely for that purpose.” | ||
+ | |||
(d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews | (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews | ||
At the beginning of each paragraph, insert: “Before the interview commences, the | At the beginning of each paragraph, insert: “Before the interview commences, the | ||
Line 4254: | Line 4477: | ||
their solicitor and appropriate adult, unless it has been previously explained and | their solicitor and appropriate adult, unless it has been previously explained and | ||
demonstrated (see Code C Annex N paragraph 4).” | demonstrated (see Code C Annex N paragraph 4).” | ||
+ | |||
(e) Codes E and F, paragraph 4.18 (signing master recording label) | (e) Codes E and F, paragraph 4.18 (signing master recording label) | ||
After the third sentence, insert, “If live-link interpretation has been used, the interviewer | After the third sentence, insert, “If live-link interpretation has been used, the interviewer | ||
Line 4263: | Line 4487: | ||
required and must advise the interpreter of their obligation to keep the original | required and must advise the interpreter of their obligation to keep the original | ||
confirmation securely for that purpose.” | confirmation securely for that purpose.” | ||
- | Notes for Guidance | + | |
+ | |||
+ | -- Notes for Guidance -- | ||
N1 For purposes other than an interview, audio-only live-link interpretation, for example by | N1 For purposes other than an interview, audio-only live-link interpretation, for example by | ||
telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an | telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an | ||
Line 4274: | Line 4501: | ||
concerns and contribute to the completion of the risk assessment (see Code C paragraph | concerns and contribute to the completion of the risk assessment (see Code C paragraph | ||
3.6). | 3.6). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 85 | + | |
N2 The explanation and demonstration of live-link interpretation is intended to help the suspect, | N2 The explanation and demonstration of live-link interpretation is intended to help the suspect, | ||
solicitor and appropriate adult make an informed decision and to allay any concerns they | solicitor and appropriate adult make an informed decision and to allay any concerns they | ||
may have. | may have. | ||
+ | |||
N3 Factors affecting availability of a suitable interpreter will include the location of the police | N3 Factors affecting availability of a suitable interpreter will include the location of the police | ||
station and the language and type of interpretation (oral or sign language) required. | station and the language and type of interpretation (oral or sign language) required. | ||
www.tso.co.uk | www.tso.co.uk | ||
+ | |||
The Code contained in this booklet has been issued by the Home Secretary under | The Code contained in this booklet has been issued by the Home Secretary under | ||
the Police and Criminal Evidence Act 1984 and has been approved by Parliament. | the Police and Criminal Evidence Act 1984 and has been approved by Parliament. |