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 ====== PACE CODE C ======
+CODE C
+February 2017
+POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
+CODE C
+REVISED
+CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING
+OF PERSONS BY POLICE OFFICERS
+This Code applies to people in police detention after 00.00 on 23 February 2017
+notwithstanding that their period of detention may have commenced before that time.
+==== Contents ====
+== 1 General ==
+Notes for  Guidance
+== 2 Custody records ==
+Note for Guidance
+== 3 Initial action ==
+(a) Detained persons - normal procedure
+(b) Detained persons - special groups
+(c) Persons attending a police station or elsewhere voluntarily
+(d) Documentation
+(e) Persons answering street bail
+(f) Requirements for suspects to be informed of certain rights
+Notes for Guidance
+== 4 Detainee’s property ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 5 Right not to be held incommunicado ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 6 Right to legal advice ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 7 Citizens of independent Commonwealth countries or foreign nationals ==
+(a) Action
+(b) Documentation
+Note for Guidance
+== 8 Conditions of detention ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 9 Care and treatment of detained persons ==
+(a) General
+(b) Clinical treatment and attention
+(c) Documentation
+Notes for Guidance
+== 10 Cautions ==
+(a) When a caution must be given
+(b) Terms of the cautions
+(c) Special warnings under the Criminal Justice and Public Order Act 1994, sections 36, and 37 34
+(d) Juveniles and persons who are mentally disordered or otherwise mentally
+vulnerable
+(e) Documentation
+Notes for Guidance
+== 11 Interviews - general ==
+(a) Action
+(b) Interview records
+(c) Juveniles and mentally disordered or otherwise mentally vulnerable people
+(d) Vulnerable suspects - urgent interviews at police stations
+Notes for Guidance
+== 12 Interviews in police stations ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 13 Interpreters ==
+(a) General
+(b) Interviewing suspects - foreign languages
+(c) Interviewing suspects who have a hearing or speech impediment
+(d) Additional rules for detained persons
+(e) Translations of essential documents
+(f) Decisions not to provide interpretation and translation
+(g) Documentation
+(h) Live-link interpretation
+(a) Audio and visual communication
+(b) Audio and visual or audio without visual communication.
+Notes for Guidance
+== 14 Questioning - special restrictions ==
+Note for Guidance
+== 15 Reviews and extensions of detention ==
+(a) Persons detained under PACE
+(b) Review of detention by telephone and video conferencing facilities
+(c) Documentation
+Notes for Guidance
+== 16 Charging detained persons ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+== 17 Testing persons for the presence of specified Class A drugs ==
+(a) Action
+(b) Documentation
+(c) General
+(d) Assessment of misuse of drugs
+Notes for Guidance
+=== ANNEX A INTIMATE AND STRIP SEARCHES ===
+== A Intimate search ==
+(a) Action
+(b) Documentation
+== B Strip search ==
+(a) Action
+(b) Documentation
+Notes for Guidance
+=== ANNEX B DELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE ===
+== A Persons detained under PACE ==
+== B Not used ==
+== C Documentation ==
+== D Cautions and special warnings ==
+Notes for Guidance
+=== ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES ===
+(a) The restriction on drawing adverse inferences from silence
+(b) Terms of the caution when the restriction applies
+Notes for Guidance
+=== ANNEX D WRITTEN STATEMENTS UNDER CAUTION ===
+(a) Written by a person under caution
+(b) Written by a police officer or other police staff
+=== ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND OTHERWISE MENTALLY VULNERABLE PEOPLE ===
+Notes for Guidance
+=== ANNEX F Not used ===
+=== ANNEX G FITNESS TO BE INTERVIEWED ===
+=== ANNEX H DETAINED PERSON: OBSERVATION LIST ===
+=== ANNEX I Not used ===
+=== ANNEX J Not used ===
+=== ANNEX K X-RAYS AND ULTRASOUND SCANS ===
+(a) Action
+(b) Documentation
+Notes for Guidance
+=== ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING ===
+(a) Consideration
+(b) Documentation
+(c) Disclosure of information
+Notes for Guidance
+=== ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED ===
+Table of essential documents
+Documentation
+Notes for Guidance
+=== ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12)82 ===
+Part 1: When the physical presence of the interpreter is not required
+Part 2: Modifications for live-link interpretation
+(a) Code C paragraph 13.3
+(b) Code C paragraph 13.4
+(c) Code C paragraph 13.7
+(d) Codes C, E and F - interviews
+(e) Codes E and F, paragraph 4.18 (signing master recording label)
+Notes for Guidance
+== 1 General ==
+.0 The powers and procedures in this Code must be used fairly, responsibly, with respect for
+the people to whom they apply and without unlawful discrimination. Under the Equality Act
+, section 149 (Public sector Equality Duty), police forces must, in carrying out their
+functions, have due regard to the need to eliminate unlawful discrimination, harassment,
+victimisation and any other conduct which is prohibited by that Act, to advance equality of
+opportunity between people who share a relevant protected characteristic and people who
+do not share it, and to foster good relations between those persons. The Equality Act also
+makes it unlawful for police officers to discriminate against, harass or victimise any person
+on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment,
+race, religion or belief, sex and sexual orientation, marriage and civil partnership,
+pregnancy and maternity, when using their powers. See Notes 1A and 1AA.
+.1 All persons in custody must be dealt with expeditiously, and released as soon as the need
+for detention no longer applies.
+.1A A custody officer must perform the functions in this Code as soon as practicable. A custody
+officer will not be in breach of this Code if delay is justifiable and reasonable steps are
+taken to prevent unnecessary delay. The custody record shall show when a delay has
+occurred and the reason. See Note 1H.
+.2 This Code of Practice must be readily available at all police stations for consultation by:
+ police officers;
+police staff;
+ detained persons;
+members of the public.
+.3 The provisions of this Code:
+ include the Annexes
+do not include the Notes for Guidance.
+.4 If an officer has any suspicion, or is told in good faith, that a person of any age may be
+mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to
+dispel that suspicion, the person shall be treated as such for the purposes of this Code.
+See Note 1G.
+.5 Anyone who appears to be under 18, shall, in the absence of clear evidence that they are
+older and subject to paragraph 1.5A, be treated as a juvenile for the purposes of this Code
+and any other Code. See Note 1L
+.5A Paragraph 1.5 does not change the statutory provisions in section 65(1) of PACE
+(appropriate consent) which require the consent of a juvenile’s parent or guardian.
+In this Code, section 65(1) is relevant to Annex A paragraphs 2(b) and 2B (Intimate
+searches) and Annex K paragraphs 1(b) and 3 (X-Ray and ultrasound scan). In Code D
+(Identification), section 65(1) is relevant to paragraph 2.12 and Note 2A, which apply to
+identification procedures, to taking fingerprints, samples, footwear impressions,
+photographs and to evidential searches and examinations.
+.6 If a person appears to be blind, seriously visually impaired, deaf, unable to read or speak or
+has difficulty orally because of a speech impediment, they shall be treated as such for the
+purposes of this Code in the absence of clear evidence to the contrary.
+== 7 ==
+.7 'The appropriate adult' means, in the case of a:
+(a) juvenile:
+(i) the parent, guardian or, if the juvenile is in the care of a local authority or
+voluntary organisation, a person representing that authority or organisation (see
+Note 1B);
+(ii) a social worker of a local authority (see Note 1C);
+(iii) failing these, some other responsible adult aged 18 or over who is not:
+~ a police officer;
+~ employed by the police;
+~ under the direction or control of the chief officer of a police force; or
+~ a person who provides services under contractual arrangements (but without
+being employed by the chief officer of a police force), to assist that force in
+relation to the discharge of its chief officer’s functions,
+whether or not they are on duty at the time.
+See Note 1F.
+(b) person who is mentally disordered or mentally vulnerable: See Note 1D.
+(i) a relative, guardian or other person responsible for their care or custody;
+(ii) someone experienced in dealing with mentally disordered or mentally vulnerable
+people but who is not:
+~ a police officer;
+~ employed by the police;
+~ under the direction or control of the chief officer of a police force; or
+~ a person who provides services under contractual arrangements (but without
+being employed by the chief officer of a police force), to assist that force in
+relation to the discharge of its chief officer’s functions,
+whether or not they are on duty at the time;
+(iii) failing these, some other responsible adult aged 18 or over other than a person
+described in the bullet points in sub-paragraph (b)(ii) above.
+See Note 1F.
+.8 If this Code requires a person be given certain information, they do not have to be given it if
+at the time they are incapable of understanding what is said, are violent or may become
+violent or in urgent need of medical attention, but they must be given it as soon as
+practicable.
+.9 References to a custody officer include any police officer who, for the time being, is
+performing the functions of a custody officer.
+.9A When this Code requires the prior authority or agreement of an officer of at least inspector
+or superintendent rank, that authority may be given by a sergeant or chief inspector
+authorised to perform the functions of the higher rank under the Police and Criminal
+Evidence Act 1984 (PACE), section 107.
+.10 Subject to paragraph 1.12, this Code applies to people in custody at police stations in
+England and Wales, whether or not they have been arrested, and to those removed to a
+police station as a place of safety under the Mental Health Act 1983, sections 135 and 136,
+as a last resort (see paragraph 3.16). Section 15 applies solely to people in police
+detention, e.g. those brought to a police station under arrest or arrested at a police station
+for an offence after going there voluntarily.
+.11 No part of this Code applies to a detained person:
+(a) to whom PACE Code H applies because:
+they are detained following arrest under section 41 of the Terrorism Act 2000
+(TACT) and not charged; or
+an authorisation has been given under section 22 of the Counter-Terrorism Act
+(CTACT) (post-charge questioning of terrorist suspects) to interview them.
+(b) to whom the Code of Practice issued under paragraph 6 of Schedule 14 to TACT
+applies because they are detained for examination under Schedule 7 to TACT.
+.12 This Code does not apply to people in custody:
+(i) arrested by officers under the Criminal Justice and Public Order Act 1994, section
+(2) on warrants issued in Scotland, or arrested or detained without warrant under
+section 137(2) by officers from a police force in Scotland. In these cases, police
+powers and duties and the person's rights and entitlements whilst at a police station in
+England or Wales are the same as those in Scotland;
+(ii) arrested under the Immigration and Asylum Act 1999, section 142(3) in order to have
+their fingerprints taken;
+(iii) whose detention has been authorised under Schedules 2 or 3 to the Immigration Act
+or section 62 of the Nationality, Immigration and Asylum Act 2002;
+(iv) who are convicted or remanded prisoners held in police cells on behalf of the Prison
+Service under the Imprisonment (Temporary Provisions) Act 1980;
+(v) Not used.
+(vi) detained for searches under stop and search powers except as required by Code A.
+The provisions on conditions of detention and treatment in sections 8 and 9 must be
+considered as the minimum standards of treatment for such detainees.
+.13 In this Code:
+(a) ‘designated person’ means a person other than a police officer, who has specified
+powers and duties conferred or imposed on them by designation under section 38 or
+of the Police Reform Act 2002;
+(b) reference to a police officer includes a designated person acting in the exercise or
+performance of the powers and duties conferred or imposed on them by their
+designation;
+(c) where a search or other procedure to which this Code applies may only be carried out
+or observed by a person of the same sex as the detainee, the gender of the detainee
+and other parties present should be established and recorded in line with Annex L of
+this Code.
+.14 Designated persons are entitled to use reasonable force as follows:
+(a) when exercising a power conferred on them which allows a police officer exercising
+that power to use reasonable force, a designated person has the same entitlement to
+use force; and
+(b) at other times when carrying out duties conferred or imposed on them that also entitle
+them to use reasonable force, for example:
+when at a police station carrying out the duty to keep detainees for whom they
+are responsible under control and to assist any police officer or designated
+person to keep any detainee under control and to prevent their escape;
+when securing, or assisting any police officer or designated person in securing,
+the detention of a person at a police station;
+when escorting, or assisting any police officer or designated person in escorting,
+a detainee within a police station; for the purpose of saving life or limb; or
+preventing serious damage to property.
+.15 Nothing in this Code prevents the custody officer, or other police officer or designated
+person (see paragraph 1.13) given custody of the detainee by the custody officer, from
+allowing another person (see (a) and (b) below) to carry out individual procedures or tasks
+at the police station if the law allows. However, the officer or designated person given
+custody remains responsible for making sure the procedures and tasks are carried out
+correctly in accordance with the Codes of Practice (see paragraph 3.5 and Note 3F). The
+other person who is allowed to carry out the procedures or tasks must be someone who at
+that time, is:
+(a) under the direction and control of the chief officer of the force responsible for the
+police station in question; or
+(b) providing services under contractual arrangements (but without being employed by
+the chief officer the police force), to assist a police force in relation to the discharge of
+its chief officer’s functions.
+.16 Designated persons and others mentioned in sub-paragraphs (a) and (b) of paragraph 1.15,
+must have regard to any relevant provisions of the Codes of Practice.
+.17 In any provision of this or any other Code which allows or requires police officers or police
+staff to make a record in their report book, the reference to report book shall include any
+official report book or electronic recording device issued to them that enables the record in
+question to be made and dealt with in accordance with that provision. References in this
+and any other Code to written records, forms and signatures include electronic records and
+forms and electronic confirmation that identifies the person making the record or completing
+the form.
+Chief officers must be satisfied as to the integrity and security of the devices, records and
+forms to which this paragraph applies and that use of those devices, records and forms
+satisfies relevant data protection legislation.
+Notes for Guidance
+A Although certain sections of this Code apply specifically to people in custody at police
+stations, those there voluntarily to assist with an investigation should be treated with no less
+consideration, e.g. offered refreshments at appropriate times, and enjoy an absolute right to
+obtain legal advice or communicate with anyone outside the police station.
+AA In paragraph 1.0, under the Equality Act 2010, section 149, the ‘relevant protected
+characteristics’ are age, disability, gender reassignment, pregnancy and maternity, race,
+religion/belief and sex and sexual orientation. For further detailed guidance and advice on
+the Equality Act, see: https://www.gov.uk/guidance/equality-act-2010-guidance.
+B A person, including a parent or guardian, should not be an appropriate adult if they:
+ are:
+suspected of involvement in the offence;
+the victim;
+a witness;
+involved in the investigation.
+ received admissions prior to attending to act as the appropriate adult.
+Note: If a juvenile’s parent is estranged from the juvenile, they should not be asked to act
+as the appropriate adult if the juvenile expressly and specifically objects to their presence.
+C If a juvenile admits an offence to, or in the presence of, a social worker or member of a
+youth offending team other than during the time that person is acting as the juvenile’s
+appropriate adult, another appropriate adult should be appointed in the interest of fairness.
+D In the case of people who are mentally disordered or otherwise mentally vulnerable, it may
+be more satisfactory if the appropriate adult is someone experienced or trained in their care
+rather than a relative lacking such qualifications. But if the detainee prefers a relative to a
+better qualified stranger or objects to a particular person their wishes should, if practicable,
+be respected.
+E A detainee should always be given an opportunity, when an appropriate adult is called to
+the police station, to consult privately with a solicitor in the appropriate adult’s absence if
+they want. An appropriate adult is not subject to legal privilege.
+F A solicitor or independent custody visitor who is present at the police station and acting in
+that capacity, may not be the appropriate adult.
+G ‘Mentally vulnerable’ applies to any detainee who, because of their mental state or capacity,
+may not understand the significance of what is said, of questions or of their replies. ‘Mental
+disorder’ is defined in the Mental Health Act 1983, section 1(2) as ‘any disorder or disability
+of mind’. When the custody officer has any doubt about the mental state or capacity of a
+detainee, that detainee should be treated as mentally vulnerable and an appropriate adult
+called.
+H Paragraph 1.1A is intended to cover delays which may occur in processing detainees e.g.
+if:
+a large number of suspects are brought into the station simultaneously to be placed in
+custody;
+interview rooms are all being used;
+there are difficulties contacting an appropriate adult, solicitor or interpreter.
+I The custody officer must remind the appropriate adult and detainee about the right to legal
+advice and record any reasons for waiving it in accordance with section 6.
+J Not used.
+K This Code does not affect the principle that all citizens have a duty to help police officers to
+prevent crime and discover offenders. This is a civic rather than a legal duty; but when
+police officers are trying to discover whether, or by whom, offences have been committed
+they are entitled to question any person from whom they think useful information can be
+obtained, subject to the restrictions imposed by this Code. A person’s declaration that they
+are unwilling to reply does not alter this entitlement.
+L Paragraph 1.5 reflects the statutory definition of ‘arrested juvenile’ in section 37(15) of
+PACE. This section was amended by section 42 of the Criminal Justice and Courts Act
+with effect from 26 October 2015, and includes anyone who appears to be under the
+age of 18. This definition applies for the purposes of the detention and bail provisions in
+sections 34 to 51 of PACE.
+M Not used.
+Custody records
+.1A When a person:
+is brought to a police station under arrest
+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
+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
+be "at a police station" for these purposes if they are within the boundary of any building or
+enclosed yard which forms part of that police station.
+.1 A separate custody record must be opened as soon as practicable for each person brought
+to a police station under arrest or arrested at the station having gone there voluntarily or
+attending a police station in answer to street bail. All information recorded under this Code
+must be recorded as soon as practicable in the custody record unless otherwise specified.
+Any audio or video recording made in the custody area is not part of the custody record.
+.2 If any action requires the authority of an officer of a specified rank, subject to paragraph
+.6A, their name and rank must be noted in the custody record.
+.3 The custody officer is responsible for the custody record’s accuracy and completeness and
+for making sure the record or copy of the record accompanies a detainee if they are
+transferred to another police station. The record shall show the:
+time and reason for transfer;
+time a person is released from detention.
+.3A If a person is arrested and taken to a police station as a result of a search in the exercise of
+any stop and search power to which PACE Code A (Stop and search) or the ‘search
+powers code’ issued under TACT applies, the officer carrying out the search is responsible
+for ensuring that the record of that stop and search is made as part of the person’s custody
+record. The custody officer must then ensure that the person is asked if they want a copy
+of the search record and if they do, that they are given a copy as soon as practicable. The
+person’s entitlement to a copy of the search record which is made as part of their custody
+record is in addition to, and does not affect, their entitlement to a copy of their custody
+record or any other provisions of section 2 (Custody records) of this Code. (See Code A
+paragraph 4.2B and the TACT search powers code paragraph 5.3.5).
+.4 The detainee’s solicitor and appropriate adult must be permitted to inspect the whole of the
+detainee’s custody record as soon as practicable after their arrival at the station and at any
+other time on request, whilst the person is detained. This includes the following specific
+records relating to the reasons for the detainee’s arrest and detention and the offence
+concerned to which paragraph 3.1(b) refers:
+(a) The information about the circumstances and reasons for the detainee’s arrest as
+recorded in the custody record in accordance with paragraph 4.3 of Code G. This
+applies to any further offences for which the detainee is arrested whilst in custody;
+(b) The record of the grounds for each authorisation to keep the person in custody. The
+authorisations to which this applies are the same as those described at items (i)(a) to
+(d) in the table in paragraph 2 of Annex M of this Code.
+Access to the records in sub-paragraphs (a) and (b) is in addition to the requirements in
+paragraphs 3.4(b), 11.1A, 15.0, 15,7A(c) and 16.7A to make certain documents and
+materials available and to provide information about the offence and the reasons for arrest
+and detention.
+Access to the custody record for the purposes of this paragraph must be arranged and
+agreed with the custody officer and may not unreasonably interfere with the custody
+officer’s duties. A record shall be made when access is allowed and whether it includes the
+records described in sub-paragraphs (a) and (b) above.
+.4A When a detainee leaves police detention or is taken before a court they, their legal
+representative or appropriate adult shall be given, on request, a copy of the custody record
+as soon as practicable. This entitlement lasts for 12 months after release.
+.5 The detainee, appropriate adult or legal representative shall be permitted to inspect the
+original custody record after the detainee has left police detention provided they give
+reasonable notice of their request. Any such inspection shall be noted in the custody
+record.
+.6 Subject to paragraph 2.6A, all entries in custody records must be timed and signed by the
+maker. Records entered on computer shall be timed and contain the operator’s
+identification.
+.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or
+disclosed:
+(a) Not used.
+(b) if the officer or police staff reasonably believe recording or disclosing their name might
+put them in danger.
+In these cases, they shall use their warrant or other identification numbers and the name of
+their police station. See Note 2A.
+.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in
+accordance with this Code, must be recorded.
+Note for Guidance
+A The purpose of paragraph 2.6A(b) is to protect those involved in serious organised crime
+investigations or arrests of particularly violent suspects when there is reliable information
+that those arrested or their associates may threaten or cause harm to those involved. In
+cases of doubt, an officer of inspector rank or above should be consulted.
+Initial action
+(a) Detained persons - normal procedure
+.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:
+(a) the following continuing rights, which may be exercised at any stage during the period
+in custody:
+(i) their right to consult privately with a solicitor and that free independent legal
+advice is available as in section 6;
+(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
+(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
+(see paragraph 3.12A).
+(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
+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.
+.2 The detainee must also be given a written notice, which contains information:
+(a) to allow them to exercise their rights by setting out:
+(i) their rights under paragraph 3.1, paragraph 3.12 and 3.12A;
+(ii) the arrangements for obtaining legal advice, see section 6;
+(iii) their right to a copy of the custody record as in paragraph 2.4A;
+(iv) their right to remain silent as set out in the caution in the terms prescribed in
+section 10;
+(v) their right to have access to materials and documents which are essential to
+effectively challenging the lawfulness of their arrest and detention for any
+offence and (as the case may be) any further offences for which they are
+arrested whilst in custody, in accordance with paragraphs 3.4(b), 15.0, 15.7A(c)
+and 16.7A of this Code;
+(vi) the maximum period for which they may be kept in police detention without
+being charged, when detention must be reviewed and when release is required;
+(vii) their right to medical assistance in accordance with section 9 of this Code;
+(viii) their right, if they are prosecuted, to have access to the evidence in the case
+before their trial in accordance with the Criminal Procedure and Investigations
+Act 1996, the Attorney General’s Guidelines on Disclosure, the common law and
+the Criminal Procedure Rules; and
+(b) briefly setting out their other entitlements while in custody, by:
+(i) mentioning:
+~ the provisions relating to the conduct of interviews;
+~ the circumstances in which an appropriate adult should be available to assist
+the detainee and their statutory rights to make representations whenever the
+need for their detention is reviewed;
+(ii) listing the entitlements in this Code, concerning;
+~ reasonable standards of physical comfort;
+~ adequate food and drink;
+~ access to toilets and washing facilities, clothing, medical attention, and
+exercise when practicable.
+See Note 3A.
+.2A The detainee must be given an opportunity to read the notice and shall be asked to sign the
+custody record to acknowledge receipt of the notice. Any refusal to sign must be recorded
+on the custody record.
+.3 Not used.
+.3A An ‘easy read’ illustrated version should also be provided if available (see Note 3A).
+.4
+(a) The custody officer shall:
+record the offence(s) that the detainee has been arrested for and the reason(s)
+for the arrest on the custody record. See paragraph 10.3 and Code G
+paragraphs 2.2 and 4.3; note on the custody record any comment the detainee makes in relation to the
+arresting officer’s account but shall not invite comment. If the arresting officer is
+not physically present when the detainee is brought to a police station, the
+arresting officer’s account must be made available to the custody officer
+remotely or by a third party on the arresting officer’s behalf. If the custody officer
+authorises a person’s detention, subject to paragraph 1.8, that officer must
+record the grounds for detention in the detainee’s presence and at the same
+time, inform them of the grounds. The detainee must be informed of the
+grounds for their detention before they are questioned about any offence;
+note any comment the detainee makes in respect of the decision to detain them
+but shall not invite comment; not put specific questions to the detainee regarding their involvement in any offence, nor in respect of any comments they may make in response to the
+arresting officer’s account or the decision to place them in detention. Such an
+exchange is likely to constitute an interview as in paragraph 11.1A and require
+the associated safeguards in section 11.
+Note: This sub-paragraph also applies to any further offences and grounds for
+detention which come to light whilst the person is detained.
+See paragraph 11.13 in respect of unsolicited comments.
+(b) Documents and materials which are essential to effectively challenging the
+lawfulness of the detainee’s arrest and detention must be made available to the
+detainee or their solicitor. Documents and materials will be “essential” for this
+purpose if they are capable of undermining the reasons and grounds which make
+the detainee’s arrest and detention necessary. The decision about whether
+particular documents or materials must be made available for the purpose of this
+requirement therefore rests with the custody officer who determines whether
+detention is necessary, in consultation with the investigating officer who has the
+knowledge of the documents and materials in a particular case necessary to inform
+that decision. A note should be made in the detainee’s custody record of the fact
+that documents or materials have been made available under this sub-paragraph
+and when. The investigating officer should make a separate note of what is made
+available and how it is made available in a particular case. This sub-paragraph also
+applies (with modifications) for the purposes of sections 15 (Reviews and
+extensions of detention) and 16 (Charging detained persons). See Note 3ZA and
+paragraphs 15.0 and 16.7A.
+.5 The custody officer or other custody staff as directed by the custody officer shall:
+(a) ask the detainee whether at this time, they:
+(i) would like legal advice, see paragraph 6.5;
+(ii) want someone informed of their detention, see section 5;
+(b) ask the detainee to sign the custody record to confirm their decisions in respect of (a);
+(c) determine whether the detainee:
+(i) is, or might be, in need of medical treatment or attention, see section 9;
+(ii) requires:
+an appropriate adult (see paragraphs 1.4, 1.5, 1.5A and 3.15);
+ help to check documentation (see paragraph 3.20);
+an interpreter (see paragraph 3.12 and Note 13B).
+(d) record the decision in respect of (c).
+Where any duties under this paragraph have been carried out by custody staff at the
+direction of the custody officer, the outcomes shall, as soon as practicable, be reported to
+the custody officer who retains overall responsibility for the detainee’s care and treatment
+and ensuring that it complies with this Code. See Note 3F.
+.6 When the needs mentioned in paragraph 3.5(c) are being determined, the custody officer is
+responsible for initiating an assessment to consider whether the detainee is likely to present
+specific risks to custody staff, any individual who may have contact with detainee (e.g. legal
+advisers, medical staff) or themselves. This risk assessment must include the taking of
+reasonable steps to establish the detainee’s identity and to obtain information about the
+detainee that is relevant to their safe custody, security and welfare and risks to others.
+Such assessments should therefore always include a check on the Police National
+Computer (PNC), to be carried out as soon as practicable, to identify any risks that have
+been highlighted in relation to the detainee. Although such assessments are primarily the
+custody officer’s responsibility, it may be necessary for them to consult and involve others,
+e.g. the arresting officer or an appropriate healthcare professional, see paragraph 9.13.
+Other records held by or on behalf of the police and other UK law enforcement authorities
+that might provide information relevant to the detainee’s safe custody, security and welfare
+and risk to others and to confirming their identity should also be checked. Reasons for
+delaying the initiation or completion of the assessment must be recorded.
+.7 Chief officers should ensure that arrangements for proper and effective risk assessments
+required by paragraph 3.6 are implemented in respect of all detainees at police stations in
+their area.
+.8 Risk assessments must follow a structured process which clearly defines the categories of
+risk to be considered and the results must be incorporated in the detainee’s custody record.
+The custody officer is responsible for making sure those responsible for the detainee’s
+custody are appropriately briefed about the risks. If no specific risks are identified by the
+assessment, that should be noted in the custody record. See Note 3E and paragraph 9.14.
+.8A The content of any risk assessment and any analysis of the level of risk relating to the
+person's detention is not required to be shown or provided to the detainee or any person
+acting on behalf of the detainee. But information should not be withheld from any person
+acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, if
+to do so might put that person at risk.
+.9 The custody officer is responsible for implementing the response to any specific risk
+assessment, e.g.:
+reducing opportunities for self harm;
+calling an appropriate healthcare professional;
+increasing levels of monitoring or observation;
+reducing the risk to those who come into contact with the detainee.
+See Note 3E.
+.10 Risk assessment is an ongoing process and assessments must always be subject to review
+if circumstances change.
+.11 If video cameras are installed in the custody area, notices shall be prominently displayed
+showing cameras are in use. Any request to have video cameras switched off shall be
+refused.
+(b) Detained persons - special groups
+.12 If the detainee appears to be someone who does not speak or understand English or who
+has a hearing or speech impediment, the custody officer must ensure:
+(a) that without delay, arrangements (see paragraph 13.1ZA) are made for the detainee
+to have the assistance of an interpreter in the action under paragraphs 3.1 to 3.5. If
+the person appears to have a hearing or speech impediment, the reference to
+‘interpreter’ includes appropriate assistance necessary to comply with paragraphs 3.1
+to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note
+B;
+(b) that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), the
+detainee is told clearly about their right to interpretation and translation;
+(c) that the written notice given to the detainee in accordance with paragraph 3.2 is in a
+language the detainee understands and includes the right to interpretation and
+translation together with information about the provisions in section 13 and Annex M,
+which explain how the right applies (see Note 3A); and
+(d) that if the translation of the notice is not available, the information in the notice is
+given through an interpreter and a written translation provided without undue delay.
+.12A If the detainee is a citizen of an independent Commonwealth country or a national of a
+foreign country, including the Republic of Ireland, the custody officer must ensure that in
+addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), they are informed as
+soon as practicable about their rights of communication with their High Commission,
+Embassy or Consulate set out in section 7. This right must be included in the written notice
+given to the detainee in accordance with paragraph 3.2.
+.13 If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the
+identity of a person responsible for their welfare. That person:
+may be:
+the parent or guardian;
+if the juvenile is in local authority or voluntary organisation care, or is otherwise
+being looked after under the Children Act 1989, a person appointed by that authority
+or organisation to have responsibility for the juvenile’s welfare;
+any other person who has, for the time being, assumed responsibility for the
+juvenile’s welfare.
+must be informed as soon as practicable that the juvenile has been arrested, why they
+have been arrested and where they are detained. This right is in addition to the
+juvenile’s right in section 5 not to be held incommunicado. See Note 3C.
+.14 If a juvenile is known to be subject to a court order under which a person or organisation is
+given any degree of statutory responsibility to supervise or otherwise monitor them,
+reasonable steps must also be taken to notify that person or organisation (the ‘responsible
+officer’). The responsible officer will normally be a member of a Youth Offending Team,
+except for a curfew order which involves electronic monitoring when the contractor
+providing the monitoring will normally be the responsible officer.
+.15 If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the
+custody officer must, as soon as practicable:
+inform the appropriate adult, who in the case of a juvenile may or may not be a person
+responsible for their welfare, as in paragraph 3.13, of:
+the grounds for their detention;
+their whereabouts.
+ask the adult to come to the police station to see the detainee.
+.16 It is imperative that a mentally disordered or otherwise mentally vulnerable person, detained
+under the Mental Health Act 1983, section 136, be assessed as soon as possible. A police
+station should only be used as a place of safety as a last resort but if that assessment is to
+take place at the police station, an approved mental health professional and a registered
+medical practitioner shall be called to the station as soon as possible to carry it out. See
+Note 9D. The appropriate adult has no role in the assessment process and their presence
+is not required. Once the detainee has been assessed and suitable arrangements made for
+their treatment or care, they can no longer be detained under section 136. A detainee must
+be immediately discharged from detention under section 136 if a registered medical
+practitioner, having examined them, concludes they are not mentally disordered within the
+meaning of the Act.
+.17 If the appropriate adult is:
+already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied
+with in the appropriate adult’s presence;
+not at the station when these provisions are complied with, they must be complied with
+again in the presence of the appropriate adult when they arrive,
+and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also
+be given to the appropriate adult.
+.18 The detainee shall be advised that:
+the duties of the appropriate adult include giving advice and assistance;
+they can consult privately with the appropriate adult at any time.
+.19 If the detainee, or appropriate adult on the detainee’s behalf, asks for a solicitor to be called
+to give legal advice, the provisions of section 6 apply.
+.20 If the detainee is blind, seriously visually impaired or unable to read, the custody officer
+shall make sure their solicitor, relative, appropriate adult or some other person likely to take
+an interest in them and not involved in the investigation is available to help check any
+documentation. When this Code requires written consent or signing the person assisting
+may be asked to sign instead, if the detainee prefers. This paragraph does not require an
+appropriate adult to be called solely to assist in checking and signing documentation for a
+person who is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see
+paragraph 3.15 and Note 13C).
+.20A The Children and Young Persons Act 1933, section 31, requires that arrangements must be
+made for ensuring that a girl under the age of 18, while detained in a police station, is under
+the care of a woman. See Note 3G. It also requires that arrangements must be made for
+preventing any person under 18, while being detained in a police station, from associating
+with an adult charged with any offence, unless that adult is a relative or the adult is jointly
+charged with the same offence as the person under 18.
+(c) Persons attending a police station or elsewhere voluntarily
+.21 Anybody attending a police station or other location (see paragraph 3.22) voluntarily to
+assist police with the investigation of an offence may leave at will unless arrested. See
+Note 1K. The person may only be prevented from leaving at will if their arrest on suspicion
+of committing the offence is necessary in accordance with Code G. See Code G Note 2G.
+(a) If during an interview it is decided that their arrest is necessary, they must:
+be informed at once that they are under arrest and of the grounds and reasons as
+required by Code G, and
+be brought before the custody officer at the police station where they are arrested
+or, as the case may be, at the police station to which they are taken after being
+arrested elsewhere. The custody officer is then responsible for making sure that a
+custody record is opened and that they are notified of their rights in the same way
+as other detainees as required by this Code.
+(b) If they are not arrested but are cautioned as in section 10, the person who gives the
+caution must, at the same time, inform them they are not under arrest and they are
+not obliged to remain at the station or other location, but if they agree to remain, they
+may obtain free and independent legal advice if they want. They shall also be given a
+copy of the notice explaining the arrangements for obtaining legal advice and told that
+the right to legal advice includes the right to speak with a solicitor on the telephone
+and be asked if they want advice. If advice is requested, the interviewer is
+responsible for securing its provision without delay by contacting the Defence Solicitor
+Call Centre. The interviewer is responsible for confirming that the suspect has given
+their agreement to be interviewed voluntarily. In the case of a juvenile or mentally
+vulnerable suspect, this must be given in the presence of the appropriate adult and for
+a juvenile, the agreement of a parent or guardian of the juvenile is also required. The
+interviewer must ensure that other provisions of this Code and Codes E and F
+concerning the conduct and recording of interviews of suspects and the rights and
+entitlements and safeguards for suspects who have been arrested and detained are
+followed insofar as they can be applied to suspects who are not under arrest. This
+includes:
+ informing them of the offence and, as the case may be, any further offences, they
+are suspected of and the grounds and reasons for that suspicion and their right to
+be so informed (see paragraph 3.1(b));
+ the caution as required in section 10;
+ determining whether they require an appropriate adult and help to check
+documentation (see paragraph 3.5(c)(ii)); and
+determining whether they require an interpreter and the provision of interpretation
+and translation services and informing them of that right. See paragraphs
+.1(a)(iv), 3.5(c)(ii) and 3.12, Note 6B and section 13.
+but does not include any requirement to provide a written notice in addition to that
+above which concerns the arrangements for obtaining legal advice.
+.22 If the other location mentioned in paragraph 3.21 is any place or premises for which the
+interviewer requires the person’s informed consent to remain, for example, the person’s
+home, then the references that the person is ‘not obliged to remain’ and that they ‘may
+leave at will’ mean that the person may also withdraw their consent and require the
+interviewer to leave.
+(d) Documentation
+.23 The grounds for a person’s detention shall be recorded, in the person’s presence if
+practicable. See paragraph 1.8.
+.24 Action taken under paragraphs 3.12 to 3.20 shall be recorded.
+(e) Persons answering street bail
+.25 When a person is answering street bail, the custody officer should link any documentation
+held in relation to arrest with the custody record. Any further action shall be recorded on
+the custody record in accordance with paragraphs 3.23 and 3.24 above.
+(f) Requirements for suspects to be informed of certain rights
+.26 The provisions of this section identify the information which must be given to suspects who
+have been cautioned in accordance with section 10 of this Code according to whether or
+not they have been arrested and detained. It includes information required by EU Directive
+/13 on the right to information in criminal proceedings. If a complaint is made by or on
+behalf of such a suspect that the information and (as the case may be) access to records
+and documents has not been provided as required, the matter shall be reported to an
+inspector to deal with as a complaint for the purposes of paragraph 9.2, or paragraph 12.9 if
+the challenge is made during an interview. This would include, for example:
+(a) in the case of a detained suspect:
+not informing them of their rights (see paragraph 3.1);
+not giving them a copy of the Notice (see paragraph 3.2(a));
+not providing an opportunity to read the notice (see paragraph 3.2A);
+not providing the required information (see paragraphs 3.2(a), 3.12(b) and, 3.12A;
+not allowing access to the custody record (see paragraph 2.4);
+not providing a translation of the Notice (see paragraph 3.12(c) and (d)); and
+(b) in the case of a suspect who is not detained:
+not informing them of their rights or providing the required information (see paragraph 3.21(b)).
+-- Notes for Guidance --
+ZA For the purposes of paragraphs 3.4(b) and 15.0:
+(a) Investigating officers are responsible for bringing to the attention of the officer who is
+responsible for authorising the suspect’s detention or (as the case may be) continued
+detention (before or after charge), any documents and materials in their possession or
+control which appear to undermine the need to keep the suspect in custody. In
+accordance with Part IV of PACE, this officer will be either the custody officer, the
+officer reviewing the need for detention before or after charge (PACE, section 40), or
+the officer considering the need to extend detention without charge from 24 to 36 hours
+(PACE, section 42) who is then responsible for determining, which, if any, of those
+documents and materials are capable of undermining the need to detain the suspect
+and must therefore be made available to the suspect or their solicitor.
+(b) the way in which documents and materials are ‘made available’, is a matter for the
+investigating officer to determine on a case by case basis and having regard to the
+nature and volume of the documents and materials involved. For example, they may be
+made available by supplying a copy or allowing supervised access to view. However,
+for view only access, it will be necessary to demonstrate that sufficient time is allowed
+for the suspect and solicitor to view and consider the documents and materials in
+question.
+A For access to currently available notices, including ‘easy-read’ versions, see
+https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention.
+B Not used.
+C If the juvenile is in local authority or voluntary organisation care but living with their parents
+or other adults responsible for their welfare, although there is no legal obligation to inform
+them, they should normally be contacted, as well as the authority or organisation unless
+they are suspected of involvement in the offence concerned. Even if the juvenile is not
+living with their parents, consideration should be given to informing them.
+D The right to consult the Codes of Practice does not entitle the person concerned to delay
+unreasonably any necessary investigative or administrative action whilst they do so.
+Examples of action which need not be delayed unreasonably include:
+procedures requiring the provision of breath, blood or urine specimens under the Road
+Traffic Act 1988 or the Transport and Works Act 1992;
+searching detainees at the police station;
+taking fingerprints, footwear impressions or non-intimate samples without consent for
+evidential purposes.
+E The Detention and Custody Authorised Professional Practice (APP) produced by the
+College of Policing (see http://www.app.college.police.uk) provides more detailed guidance
+on risk assessments and identifies key risk areas which should always be considered. See
+Home Office Circular 34/2007 (Safety of solicitors and probationary representatives at
+police stations).
+F A custody officer or other officer who, in accordance with this Code, allows or directs the
+carrying out of any task or action relating to a detainee’s care, treatment, rights and
+entitlements to another officer or any other person, must be satisfied that the officer or
+person concerned is suitable, trained and competent to carry out the task or action in
+question.
+G Guidance for police officers and police staff on the operational application of section 31 of
+the Children and Young Persons Act 1933 has been published by the College of Policing
+and is available at:
+https://www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-andyoung-persons/#girls.
+== 4 Detainee’s property ==
+(a) Action
+.1 The custody officer is responsible for:
+(a) ascertaining what property a detainee:
+(i) has with them when they come to the police station, whether on:
+ arrest or re-detention on answering to bail;
+commitment to prison custody on the order or sentence of a court;
+lodgement at the police station with a view to their production in court from
+prison custody;
+transfer from detention at another station or hospital;
+detention under the Mental Health Act 1983, section 135 or 136;
+remand into police custody on the authority of a court.
+(ii) might have acquired for an unlawful or harmful purpose while in custody;
+(b) the safekeeping of any property taken from a detainee which remains at the police
+station.
+The custody officer may search the detainee or authorise their being searched to the extent
+they consider necessary, provided a search of intimate parts of the body or involving the
+removal of more than outer clothing is only made as in Annex A. A search may only be
+carried out by an officer of the same sex as the detainee. See Note 4A and Annex L.
+.2 Detainees may retain clothing and personal effects at their own risk unless the custody
+officer considers they may use them to cause harm to themselves or others, interfere with
+evidence, damage property, effect an escape or they are needed as evidence. In this event
+the custody officer may withhold such articles as they consider necessary and must tell the
+detainee why.
+.3 Personal effects are those items a detainee may lawfully need, use or refer to while in
+detention but do not include cash and other items of value.
+(b) Documentation
+.4 It is a matter for the custody officer to determine whether a record should be made of the
+property a detained person has with him or had taken from him on arrest. Any record made
+is not required to be kept as part of the custody record but the custody record should be
+noted as to where such a record exists and that record shall be treated as being part of the
+custody record for the purpose of this and any other Code of Practice (see paragraphs 2.4,
+.4A and 2.5). Whenever a record is made the detainee shall be allowed to check and sign
+the record of property as correct. Any refusal to sign shall be recorded.
+.5 If a detainee is not allowed to keep any article of clothing or personal effects, the reason
+must be recorded.
+== Notes for Guidance ==
+A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear
+the custody officer will have continuing duties in relation to that detainee or when that
+detainee’s behaviour or offence makes an inventory appropriate. They do not require every
+detainee to be searched, e.g. if it is clear a person will only be detained for a short period
+and is not to be placed in a cell, the custody officer may decide not to search them. In such
+a case the custody record will be endorsed ‘not searched’, paragraph 4.4 will not apply, and
+the detainee will be invited to sign the entry. If the detainee refuses, the custody officer will
+be obliged to ascertain what property they have in accordance with paragraph 4.1.
+B Paragraph 4.4 does not require the custody officer to record on the custody record property
+in the detainee’s possession on arrest if, by virtue of its nature, quantity or size, it is not
+practicable to remove it to the police station.
+C Paragraph 4.4 does not require items of clothing worn by the person to be recorded unless
+withheld by the custody officer as in paragraph 4.2.
+== 5 Right not to be held incommunicado ==
+(a) Action
+.1 Subject to paragraph 5.7B, any person arrested and held in custody at a police station or
+other premises may, on request, have one person known to them or likely to take an
+interest in their welfare informed at public expense of their whereabouts as soon as
+practicable. If the person cannot be contacted the detainee may choose up to two
+alternatives. If they cannot be contacted, the person in charge of detention or the
+investigation has discretion to allow further attempts until the information has been
+conveyed. See Notes 5C and 5D.
+.2 The exercise of the above right in respect of each person nominated may be delayed only
+in accordance with Annex B.
+.3 The above right may be exercised each time a detainee is taken to another police station.
+.4 If the detainee agrees, they may at the custody officer’s discretion, receive visits from
+friends, family or others likely to take an interest in their welfare, or in whose welfare the
+detainee has an interest. See Note 5B.
+.5 If a friend, relative or person with an interest in the detainee’s welfare enquires about their
+whereabouts, this information shall be given if the suspect agrees and Annex B does not
+apply. See Note 5D.
+.6 The detainee shall be given writing materials, on request, and allowed to telephone one
+person for a reasonable time, see Notes 5A and 5E. Either or both of these privileges may
+be denied or delayed if an officer of inspector rank or above considers sending a letter or
+making a telephone call may result in any of the consequences in:
+(a) Annex B paragraphs 1 and 2 and the person is detained in connection with an
+indictable offence;
+(b) Not used.
+Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1
+and 6.1.
+.7 Before any letter or message is sent, or telephone call made, the detainee shall be
+informed that what they say in any letter, call or message (other than in a communication to
+a solicitor) may be read or listened to and may be given in evidence. A telephone call may
+be terminated if it is being abused. The costs can be at public expense at the custody
+officer’s discretion.
+.7A Any delay or denial of the rights in this section should be proportionate and should last no
+longer than necessary.
+.7B In the case of a person in police custody for specific purposes and periods in accordance
+with a direction under the Crime (Sentences) Act 1997, Schedule 1 (productions from
+prison etc.), the exercise of the rights in this section shall be subject to any additional
+conditions specified in the direction for the purpose of regulating the detainee’s contact and
+communication with others whilst in police custody. See Note 5F.
+(b) Documentation
+.8 A record must be kept of any:
+(a) request made under this section and the action taken;
+(b) letters, messages or telephone calls made or received or visit received;
+(c) refusal by the detainee to have information about them given to an outside enquirer.
+The detainee must be asked to countersign the record accordingly and any refusal
+recorded.
+== Notes for Guidance ==
+A A person may request an interpreter to interpret a telephone call or translate a letter.
+B At the custody officer’s discretion and subject to the detainee’s consent, visits should be
+allowed when possible, subject to having sufficient personnel to supervise a visit and any
+possible hindrance to the investigation.
+C If the detainee does not know anyone to contact for advice or support or cannot contact a
+friend or relative, the custody officer should bear in mind any local voluntary bodies or other
+organisations who might be able to help. Paragraph 6.1 applies if legal advice is required.
+D In some circumstances it may not be appropriate to use the telephone to disclose
+information under paragraphs 5.1 and 5.5.
+E The telephone call at paragraph 5.6 is in addition to any communication under paragraphs
+.1 and 6.1.
+F Prison Service Instruction 26/2012 (Production of Prisoners at the Request of Warranted
+Law Enforcement Agencies) provides detailed guidance and instructions for police officers
+and Governors and Directors of Prisons regarding applications for prisoners to be
+transferred to police custody and their safe custody and treatment while in police custody.
+Right to legal advice
+(a) Action
+.1 Unless Annex B applies, all detainees must be informed that they may at any time consult
+and communicate privately with a solicitor, whether in person, in writing or by telephone,
+and that free independent legal advice is available. See paragraph 3.1, Notes 1I, 6B and
+J
+.2 Not used.
+.3 A poster advertising the right to legal advice must be prominently displayed in the charging
+area of every police station. See Note 6H.
+.4 No police officer should, at any time, do or say anything with the intention of dissuading any
+person who is entitled to legal advice in accordance with this Code, whether or not they
+have been arrested and are detained, from obtaining legal advice. See Note 6ZA.
+.5 The exercise of the right of access to legal advice may be delayed only as in Annex B.
+Whenever legal advice is requested, and unless Annex B applies, the custody officer must
+act without delay to secure the provision of such advice. If the detainee has the right to
+speak to a solicitor in person but declines to exercise the right the officer should point out
+that the right includes the right to speak with a solicitor on the telephone. If the detainee
+continues to waive this right, or a detainee whose right to free legal advice is limited to
+telephone advice from the Criminal Defence Service (CDS) Direct (see Note 6B) declines to
+exercise that right, the officer should ask them why and any reasons should be recorded on
+the custody record or the interview record as appropriate. Reminders of the right to legal
+advice must be given as in paragraphs 3.5, 11.2, 15.4, 16.4, 16.5, 2B of Annex A, 3 of
+Annex K and 5 of Annex M of this Code and Code D, paragraphs 3.17(ii) and 6.3. Once it
+is clear a detainee does not want to speak to a solicitor in person or by telephone they
+should cease to be asked their reasons. See Note 6K.
+.5A In the case of a person who is a juvenile or is mentally disordered or otherwise mentally
+vulnerable, an appropriate adult should consider whether legal advice from a solicitor is
+required. If such a detained person wants to exercise the right to legal advice, the
+appropriate action should be taken and should not be delayed until the appropriate adult
+arrives. If the person indicates that they do not want legal advice, the appropriate adult has
+the right to ask for a solicitor to attend if this would be in the best interests of the person.
+However, the person cannot be forced to see the solicitor if they are adamant that they do
+not wish to do so.
+.6 A detainee who wants legal advice may not be interviewed or continue to be interviewed
+until they have received such advice unless:
+(a) Annex B applies, when the restriction on drawing adverse inferences from silence in
+Annex C will apply because the detainee is not allowed an opportunity to consult a
+solicitor; or
+(b) an officer of superintendent rank or above has reasonable grounds for believing that:
+(i) the consequent delay might:
+lead to interference with, or harm to, evidence connected with an offence;
+ lead to interference with, or physical harm to, other people;
+lead to serious loss of, or damage to, property;
+lead to alerting other people suspected of having committed an offence but
+not yet arrested for it;
+hinder the recovery of property obtained in consequence of the commission
+of an offence.
+See Note 6A
+(ii) when a solicitor, including a duty solicitor, has been contacted and has agreed
+to attend, awaiting their arrival would cause unreasonable delay to the process
+of investigation.
+Note: In these cases the restriction on drawing adverse inferences from silence in
+Annex C will apply because the detainee is not allowed an opportunity to consult a
+solicitor.
+(c) the solicitor the detainee has nominated or selected from a list:
+(i) cannot be contacted;
+(ii) has previously indicated they do not wish to be contacted; or
+(iii) having been contacted, has declined to attend; and
+the detainee has been advised of the Duty Solicitor Scheme but has
+declined to ask for the duty solicitor;
+ in these circumstances the interview may be started or continued without
+further delay provided an officer of inspector rank or above has agreed to the
+interview proceeding.
+Note: The restriction on drawing adverse inferences from silence in Annex C will not
+apply because the detainee is allowed an opportunity to consult the duty solicitor;
+(d) the detainee changes their mind about wanting legal advice or (as the case may be)
+about wanting a solicitor present at the interview and states that they no longer wish
+to speak to a solicitor. In these circumstances, the interview may be started or
+continued without delay provided that:
+(i) an officer of inspector rank or above:
+ speaks to the detainee to enquire about the reasons for their change of mind
+(see Note 6K), and
+makes, or directs the making of, reasonable efforts to ascertain the solicitor’s
+expected time of arrival and to inform the solicitor that the suspect has
+stated that they wish to change their mind and the reason (if given);
+(ii) the detainee’s reason for their change of mind (if given) and the outcome of the
+action in (i) are recorded in the custody record;
+(iii) the detainee, after being informed of the outcome of the action in (i) above,
+confirms in writing that they want the interview to proceed without speaking or
+further speaking to a solicitor or (as the case may be) without a solicitor being
+present and do not wish to wait for a solicitor by signing an entry to this effect in
+the custody record;
+(iv) an officer of inspector rank or above is satisfied that it is proper for the interview
+to proceed in these circumstances and:
+gives authority in writing for the interview to proceed and, if the authority is
+not recorded in the custody record, the officer must ensure that the custody
+record shows the date and time of the authority and where it is recorded,
+and
+takes, or directs the taking of, reasonable steps to inform the solicitor that
+the authority has been given and the time when the interview is expected to
+commence and records or causes to be recorded, the outcome of this action
+in the custody record.
+(v) When the interview starts and the interviewer reminds the suspect of their right
+to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F
+paragraph 4.5), the interviewer shall then ensure that the following is recorded
+in the written interview record or the interview record made in accordance with
+Code E or F:
+ confirmation that the detainee has changed their mind about wanting legal
+advice or (as the case may be) about wanting a solicitor present and the
+reasons for it if given;
+the fact that authority for the interview to proceed has been given and,
+subject to paragraph 2.6A, the name of the authorising officer;
+that if the solicitor arrives at the station before the interview is completed, the
+detainee will be so informed without delay and a break will be taken to allow
+them to speak to the solicitor if they wish, unless paragraph 6.6(a) applies,
+and
+that at any time during the interview, the detainee may again ask for legal
+advice and that if they do, a break will be taken to allow them to speak to the
+solicitor, unless paragraph 6.6(a), (b), or (c) applies.
+Note: In these circumstances, the restriction on drawing adverse inferences from
+silence in Annex C will not apply because the detainee is allowed an opportunity to
+consult a solicitor if they wish.
+.7 If paragraph 6.6(a) applies, where the reason for authorising the delay ceases to apply,
+there may be no further delay in permitting the exercise of the right in the absence of a
+further authorisation unless paragraph 6.6(b), (c) or (d) applies. If paragraph 6.6(b)(i)
+applies, once sufficient information has been obtained to avert the risk, questioning must
+cease until the detainee has received legal advice unless paragraph 6.6(a), (b)(ii), (c) or (d)
+applies.
+.8 A detainee who has been permitted to consult a solicitor shall be entitled on request to
+have the solicitor present when they are interviewed unless one of the exceptions in
+paragraph 6.6 applies.
+.9 The solicitor may only be required to leave the interview if their conduct is such that the
+interviewer is unable properly to put questions to the suspect. See Notes 6D and 6E.
+.10 If the interviewer considers a solicitor is acting in such a way, they will stop the interview
+and consult an officer not below superintendent rank, if one is readily available, and
+otherwise an officer not below inspector rank not connected with the investigation. After
+speaking to the solicitor, the officer consulted will decide if the interview should continue in
+the presence of that solicitor. If they decide it should not, the suspect will be given the
+opportunity to consult another solicitor before the interview continues and that solicitor
+given an opportunity to be present at the interview. See Note 6E.
+.11 The removal of a solicitor from an interview is a serious step and, if it occurs, the officer of
+superintendent rank or above who took the decision will consider if the incident should be
+reported to the Solicitors Regulatory Authority. If the decision to remove the solicitor has
+been taken by an officer below superintendent rank, the facts must be reported to an officer
+of superintendent rank or above, who will similarly consider whether a report to the
+Solicitors Regulatory Authority would be appropriate. When the solicitor concerned is a
+duty solicitor, the report should be both to the Solicitors Regulatory Authority and to the
+Legal Aid Agency.
+.12 ‘Solicitor’ in this Code means:
+a solicitor who holds a current practising certificate;
+an accredited or probationary representative included on the register of representatives
+maintained by the Legal Aid Agency.
+.12A An accredited or probationary representative sent to provide advice by, and on behalf of, a
+solicitor shall be admitted to the police station for this purpose unless an officer of inspector
+rank or above considers such a visit will hinder the investigation and directs otherwise.
+Hindering the investigation does not include giving proper legal advice to a detainee as in
+Note 6D. Once admitted to the police station, paragraphs 6.6 to 6.10 apply.
+.13 In exercising their discretion under paragraph 6.12A, the officer should take into account in
+particular:
+whether:
+the identity and status of an accredited or probationary representative have been
+satisfactorily established;
+they are of suitable character to provide legal advice, e.g. a person with a criminal
+record is unlikely to be suitable unless the conviction was for a minor offence and
+not recent.
+any other matters in any written letter of authorisation provided by the solicitor on whose
+behalf the person is attending the police station. See Note 6F.
+.14 If the inspector refuses access to an accredited or probationary representative or a decision
+is taken that such a person should not be permitted to remain at an interview, the inspector
+must notify the solicitor on whose behalf the representative was acting and give them an
+opportunity to make alternative arrangements. The detainee must be informed and the
+custody record noted.
+.15 If a solicitor arrives at the station to see a particular person, that person must, unless Annex
+B applies, be so informed whether or not they are being interviewed and asked if they
+would like to see the solicitor. This applies even if the detainee has declined legal advice
+or, having requested it, subsequently agreed to be interviewed without receiving advice.
+The solicitor’s attendance and the detainee’s decision must be noted in the custody record.
+(b) Documentation
+.16 Any request for legal advice and the action taken shall be recorded.
+.17 A record shall be made in the interview record if a detainee asks for legal advice and an
+interview is begun either in the absence of a solicitor or their representative, or they have
+been required to leave an interview.
+Notes for Guidance
+ZA No police officer or police staff shall indicate to any suspect, except to answer a direct
+question, that the period for which they are liable to be detained, or if not detained, the time
+taken to complete the interview, might be reduced:
+if they do not ask for legal advice or do not want a solicitor present when they are
+interviewed; or
+if they have asked for legal advice or (as the case may be) asked for a solicitor to be
+present when they are interviewed but change their mind and agree to be interviewed
+without waiting for a solicitor.
+A In considering if paragraph 6.6(b) applies, the officer should, if practicable, ask the solicitor
+for an estimate of how long it will take to come to the station and relate this to the time
+detention is permitted, the time of day (i.e. whether the rest period under paragraph 12.2 is
+imminent) and the requirements of other investigations. If the solicitor is on their way or is
+to set off immediately, it will not normally be appropriate to begin an interview before they
+arrive. If it appears necessary to begin an interview before the solicitor’s arrival, they
+should be given an indication of how long the police would be able to wait before 6.6(b)
+applies so there is an opportunity to make arrangements for someone else to provide legal
+advice.
+B A detainee has a right to free legal advice and to be represented by a solicitor. This Note
+for Guidance explains the arrangements which enable detainees to obtain legal advice. An
+outline of these arrangements is also included in the Notice of Rights and Entitlements
+given to detainees in accordance with paragraph 3.2. The arrangements also apply, with
+appropriate modifications, to persons attending a police station or other location voluntarily
+who are cautioned prior to being interviewed. See paragraph 3.21.
+When a detainee asks for free legal advice, the Defence Solicitor Call Centre (DSCC) must
+be informed of the request.
+Free legal advice will be limited to telephone advice provided by CDS Direct if a detainee is:
+detained for a non-imprisonable offence;
+arrested on a bench warrant for failing to appear and being held for production at
+court (except where the solicitor has clear documentary evidence available that
+would result in the client being released from custody);
+arrested for drink driving (driving/in charge with excess alcohol, failing to provide a
+specimen, driving/in charge whilst unfit through drink), or
+detained in relation to breach of police or court bail conditions
+unless one or more exceptions apply, in which case the DSCC should arrange for
+advice to be given by a solicitor at the police station, for example:
+the police want to interview the detainee or carry out an eye-witness identification
+procedure;
+the detainee needs an appropriate adult;
+the detainee is unable to communicate over the telephone;
+the detainee alleges serious misconduct by the police;
+the investigation includes another offence not included in the list,
+the solicitor to be assigned is already at the police station.
+When free advice is not limited to telephone advice, a detainee can ask for free advice from
+a solicitor they know or if they do not know a solicitor or the solicitor they know cannot be
+contacted, from the duty solicitor.
+To arrange free legal advice, the police should telephone the DSCC. The call centre will
+decide whether legal advice should be limited to telephone advice from CDS Direct, or
+whether a solicitor known to the detainee or the duty solicitor should speak to the detainee.
+When a detainee wants to pay for legal advice themselves:
+the DSCC will contact a solicitor of their choice on their behalf;
+they may, when free advice is only available by telephone from CDS Direct, still
+speak to a solicitor of their choice on the telephone for advice, but the solicitor
+would not be paid by legal aid and may ask the person to pay for the advice;
+they should be given an opportunity to consult a specific solicitor or another
+solicitor from that solicitor’s firm. If this solicitor is not available, they may choose
+up to two alternatives. If these alternatives are not available, the custody officer
+has discretion to allow further attempts until a solicitor has been contacted and
+agreed to provide advice;
+they are entitled to a private consultation with their chosen solicitor on the
+telephone or the solicitor may decide to come to the police station;
+If their chosen solicitor cannot be contacted, the DSCC may still be called to
+arrange free legal advice.
+Apart from carrying out duties necessary to implement these arrangements, an officer must
+not advise the suspect about any particular firm of solicitors.
+B1 Not used.
+B2 Not used.
+C Not used.
+D The solicitor’s only role in the police station is to protect and advance the legal rights of their
+client. On occasions this may require the solicitor to give advice which has the effect of the
+client avoiding giving evidence which strengthens a prosecution case. The solicitor may
+intervene in order to seek clarification, challenge an improper question to their client or the
+manner in which it is put, advise their client not to reply to particular questions, or if they
+wish to give their client further legal advice. Paragraph 6.9 only applies if the solicitor’s
+approach or conduct prevents or unreasonably obstructs proper questions being put to the
+suspect or the suspect’s response being recorded. Examples of unacceptable conduct
+include answering questions on a suspect’s behalf or providing written replies for the
+suspect to quote.
+E An officer who takes the decision to exclude a solicitor must be in a position to satisfy the
+court the decision was properly made. In order to do this they may need to witness what is
+happening.
+F If an officer of at least inspector rank considers a particular solicitor or firm of solicitors is
+persistently sending probationary representatives who are unsuited to provide legal advice,
+they should inform an officer of at least superintendent rank, who may wish to take the
+matter up with the Solicitors Regulation Authority.
+G Subject to the constraints of Annex B, a solicitor may advise more than one client in an
+investigation if they wish. Any question of a conflict of interest is for the solicitor under their
+professional code of conduct. If, however, waiting for a solicitor to give advice to one client
+may lead to unreasonable delay to the interview with another, the provisions of paragraph
+.6(b) may apply.
+H In addition to a poster in English, a poster or posters containing translations into Welsh, the
+main minority ethnic languages and the principal European languages should be displayed
+wherever they are likely to be helpful and it is practicable to do so.
+I Not used.
+J Whenever a detainee exercises their right to legal advice by consulting or communicating
+with a solicitor, they must be allowed to do so in private. This right to consult or
+communicate in private is fundamental. If the requirement for privacy is compromised
+because what is said or written by the detainee or solicitor for the purpose of giving and
+receiving legal advice is overheard, listened to, or read by others without the informed
+consent of the detainee, the right will effectively have been denied. When a detainee
+speaks to a solicitor on the telephone, they should be allowed to do so in private unless this
+is impractical because of the design and layout of the custody area or the location of
+telephones. However, the normal expectation should be that facilities will be available,
+unless they are being used, at all police stations to enable detainees to speak in private to a
+solicitor either face to face or over the telephone.
+K A detainee is not obliged to give reasons for declining legal advice and should not be
+pressed to do so.
+Citizens of independent Commonwealth countries or foreign nationals
+(a) Action
+.1 A detainee who is a citizen of an independent Commonwealth country or a national of a
+foreign country, including the Republic of Ireland, has the right, upon request, to
+communicate at any time with the appropriate High Commission, Embassy or Consulate.
+That detainee must be informed as soon as practicable of this right and asked if they want
+to have their High Commission, Embassy or Consulate told of their whereabouts and the
+grounds for their detention. Such a request should be acted upon as soon as practicable.
+See Note 7A.
+.2 A detainee who is a citizen of a country with which a bilateral consular convention or
+agreement is in force requiring notification of arrest must also be informed that subject to
+paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission,
+Embassy or Consulate as soon as practicable, whether or not they request it. A list of the
+countries to which this requirement currently applies and contact details for the relevant
+High Commissions, Embassies and Consulates can be obtained from the Consular
+Directorate of the Foreign and Commonwealth Office (FCO) as follows:
+from the FCO web pages:
+https://gov.uk/government/publications/table-of-consular-conventions-and-mandatory-notificationobligations,
+and
+https://www.gov.uk/government/publications/foreign-embassies-in-the-uk
+by telephone to 020 7008 3100,
+by email to fcocorrespondence@fco.gov.uk.
+by letter to the Foreign and Commonwealth Office, King Charles Street, London, SW1A
+AH.
+.3 Consular officers may, if the detainee agrees, visit one of their nationals in police detention
+to talk to them and, if required, to arrange for legal advice. Such visits shall take place out
+of the hearing of a police officer.
+.4 Notwithstanding the provisions of consular conventions, if the detainee claims that they are
+a refugee or have applied or intend to apply for asylum, the custody officer must ensure that
+UK Visas and Immigration (UKVI) (formerly the UK Border Agency) is informed as soon as
+practicable of the claim. UKVI will then determine whether compliance with relevant
+international obligations requires notification of the arrest to be sent and will inform the
+custody officer as to what action police need to take.
+(b) Documentation
+.5 A record shall be made:
+when a detainee is informed of their rights under this section and of any requirement in
+paragraph 7.2;
+of any communications with a High Commission, Embassy or Consulate, and
+of any communications with UKVI about a detainee’s claim to be a refugee or to be
+seeking asylum and the resulting action taken by police.
+Note for Guidance
+A The exercise of the rights in this section may not be interfered with even though Annex B
+applies.
+Conditions of detention
+(a) Action
+.1 So far as it is practicable, not more than one detainee should be detained in each cell. See
+Note 8C.
+.2 Cells in use must be adequately heated, cleaned and ventilated. They must be adequately
+lit, subject to such dimming as is compatible with safety and security to allow people
+detained overnight to sleep. No additional restraints shall be used within a locked cell
+unless absolutely necessary and then only restraint equipment, approved for use in that
+force by the chief officer, which is reasonable and necessary in the circumstances having
+regard to the detainee’s demeanour and with a view to ensuring their safety and the safety
+of others. If a detainee is deaf, mentally disordered or otherwise mentally vulnerable,
+particular care must be taken when deciding whether to use any form of approved
+restraints.
+.3 Blankets, mattresses, pillows and other bedding supplied shall be of a reasonable standard
+and in a clean and sanitary condition. See Note 8A.
+.4 Access to toilet and washing facilities must be provided.
+.5 If it is necessary to remove a detainee’s clothes for the purposes of investigation, for
+hygiene, health reasons or cleaning, replacement clothing of a reasonable standard of
+comfort and cleanliness shall be provided. A detainee may not be interviewed unless
+adequate clothing has been offered.
+.6 At least two light meals and one main meal should be offered in any 24-hour period. See
+Note 8B. Drinks should be provided at meal times and upon reasonable request between
+meals. Whenever necessary, advice shall be sought from the appropriate healthcare
+professional, see Note 9A, on medical and dietary matters. As far as practicable, meals
+provided shall offer a varied diet and meet any specific dietary needs or religious beliefs the
+detainee may have. The detainee may, at the custody officer’s discretion, have meals
+supplied by their family or friends at their expense. See Note 8A.
+.7 Brief outdoor exercise shall be offered daily if practicable.
+.8 A juvenile shall not be placed in a police cell unless no other secure accommodation is
+available and the custody officer considers it is not practicable to supervise them if they are
+not placed in a cell or that a cell provides more comfortable accommodation than other
+secure accommodation in the station. A juvenile may not be placed in a cell with a detained
+adult.
+(b) Documentation
+.9 A record must be kept of replacement clothing and meals offered.
+.10 If a juvenile is placed in a cell, the reason must be recorded.
+.11 The use of any restraints on a detainee whilst in a cell, the reasons for it and, if appropriate,
+the arrangements for enhanced supervision of the detainee whilst so restrained, shall be
+recorded. See paragraph 3.9.
+Notes for Guidance
+A The provisions in paragraph 8.3 and 8.6 respectively are of particular importance in the
+case of a person likely to be detained for an extended period. In deciding whether to allow
+meals to be supplied by family or friends, the custody officer is entitled to take account of
+the risk of items being concealed in any food or package and the officer’s duties and
+responsibilities under food handling legislation.
+B Meals should, so far as practicable, be offered at recognised meal times, or at other times
+that take account of when the detainee last had a meal.
+C The Detention and Custody Authorised Professional Practice (APP) produced by the
+College of Policing (see http://www.app.college.police.uk) provides more detailed guidance
+on matters concerning detainee healthcare and treatment and associated forensic issues
+which should be read in conjunction with sections 8 and 9 of this Code.
+Care and treatment of detained persons
+(a) General
+.1 Nothing in this section prevents the police from calling an appropriate healthcare
+professional to examine a detainee for the purposes of obtaining evidence relating to any
+offence in which the detainee is suspected of being involved. See Notes 9A and 8C.
+.2 If a complaint is made by, or on behalf of, a detainee about their treatment since their
+arrest, or it comes to notice that a detainee may have been treated improperly, a report
+must be made as soon as practicable to an officer of inspector rank or above not connected
+with the investigation. If the matter concerns a possible assault or the possibility of the
+unnecessary or unreasonable use of force, an appropriate healthcare professional must
+also be called as soon as practicable.
+.3 Detainees should be visited at least every hour. If no reasonably foreseeable risk was
+identified in a risk assessment, see paragraphs 3.6 to 3.10, there is no need to wake a
+sleeping detainee. Those suspected of being under the influence of drink or drugs or both
+or of having swallowed drugs, see Note 9CA, or whose level of consciousness causes
+concern must, subject to any clinical directions given by the appropriate healthcare
+professional, see paragraph 9.13:
+be visited and roused at least every half hour;
+have their condition assessed as in Annex H;
+and clinical treatment arranged if appropriate.
+See Notes 9B, 9C and 9H
+.4 When arrangements are made to secure clinical attention for a detainee, the custody officer
+must make sure all relevant information which might assist in the treatment of the
+detainee’s condition is made available to the responsible healthcare professional. This
+applies whether or not the healthcare professional asks for such information. Any officer or
+police staff with relevant information must inform the custody officer as soon as practicable.
+(b) Clinical treatment and attention
+.5 The custody officer must make sure a detainee receives appropriate clinical attention as
+soon as reasonably practicable if the person:
+(a) appears to be suffering from physical illness; or
+(b) is injured; or
+(c) appears to be suffering from a mental disorder; or
+(d) appears to need clinical attention.
+.5A This applies even if the detainee makes no request for clinical attention and whether or not
+they have already received clinical attention elsewhere. If the need for attention appears
+urgent, e.g. when indicated as in Annex H, the nearest available healthcare professional or
+an ambulance must be called immediately.
+.5B The custody officer must also consider the need for clinical attention as set out in Note 9C
+in relation to those suffering the effects of alcohol or drugs.
+.6 Paragraph 9.5 is not meant to prevent or delay the transfer to a hospital if necessary of a
+person detained under the Mental Health Act 1983, section 136. See Note 9D. When an
+assessment under that Act is to take place at a police station (see paragraph 3.16) the
+custody officer must consider whether an appropriate healthcare professional should be
+called to conduct an initial clinical check on the detainee. This applies particularly when
+there is likely to be any significant delay in the arrival of a suitably qualified medical
+practitioner.
+.7 If it appears to the custody officer, or they are told, that a person brought to a station under
+arrest may be suffering from an infectious disease or condition, the custody officer must
+take reasonable steps to safeguard the health of the detainee and others at the station. In
+deciding what action to take, advice must be sought from an appropriate healthcare
+professional. See Note 9E. The custody officer has discretion to isolate the person and
+their property until clinical directions have been obtained.
+.8 If a detainee requests a clinical examination, an appropriate healthcare professional must
+be called as soon as practicable to assess the detainee's clinical needs. If a safe and
+appropriate care plan cannot be provided, the appropriate healthcare professional’s advice
+must be sought. The detainee may also be examined by a medical practitioner of their
+choice at their expense.
+.9 If a detainee is required to take or apply any medication in compliance with clinical
+directions prescribed before their detention, the custody officer must consult the appropriate
+healthcare professional before the use of the medication. Subject to the restrictions in
+paragraph 9.10, the custody officer is responsible for the safekeeping of any medication
+and for making sure the detainee is given the opportunity to take or apply prescribed or
+approved medication. Any such consultation and its outcome shall be noted in the custody
+record.
+.10 No police officer may administer or supervise the self-administration of medically prescribed
+controlled drugs of the types and forms listed in the Misuse of Drugs Regulations 2001,
+Schedule 2 or 3. A detainee may only self-administer such drugs under the personal
+supervision of the registered medical practitioner authorising their use or other appropriate
+healthcare professional. The custody officer may supervise the self-administration of, or
+authorise other custody staff to supervise the self-administration of, drugs listed in Schedule
+or 5 if the officer has consulted the appropriate healthcare professional authorising their
+use and both are satisfied self-administration will not expose the detainee, police officers or
+anyone else to the risk of harm or injury.
+.11 When appropriate healthcare professionals administer drugs or authorise the use of other
+medications, supervise their self-administration or consult with the custody officer about
+allowing self-administration of drugs listed in Schedule 4 or 5, it must be within current
+medicines legislation and the scope of practice as determined by their relevant statutory
+regulatory body.
+.12 If a detainee has in their possession, or claims to need, medication relating to a heart
+condition, diabetes, epilepsy or a condition of comparable potential seriousness then, even
+though paragraph 9.5 may not apply, the advice of the appropriate healthcare professional
+must be obtained.
+.13 Whenever the appropriate healthcare professional is called in accordance with this section
+to examine or treat a detainee, the custody officer shall ask for their opinion about:
+any risks or problems which police need to take into account when making decisions
+about the detainee’s continued detention;
+when to carry out an interview if applicable; and
+the need for safeguards.
+.14 When clinical directions are given by the appropriate healthcare professional, whether orally
+or in writing, and the custody officer has any doubts or is in any way uncertain about any
+aspect of the directions, the custody officer shall ask for clarification. It is particularly
+important that directions concerning the frequency of visits are clear, precise and capable of
+being implemented. See Note 9F.
+(c) Documentation
+.15 A record must be made in the custody record of:
+(a) the arrangements made for an examination by an appropriate healthcare professional
+under paragraph 9.2 and of any complaint reported under that paragraph together
+with any relevant remarks by the custody officer;
+(b) any arrangements made in accordance with paragraph 9.5;
+(c) any request for a clinical examination under paragraph 9.8 and any arrangements
+made in response;
+(d) the injury, ailment, condition or other reason which made it necessary to make the
+arrangements in (a) to (c); See Note 9G.
+(e) any clinical directions and advice, including any further clarifications, given to police
+by a healthcare professional concerning the care and treatment of the detainee in
+connection with any of the arrangements made in (a) to (c); See Notes 9E and 9F.
+(f) if applicable, the responses received when attempting to rouse a person using the
+procedure in Annex H. See Note 9H.
+.16 If a healthcare professional does not record their clinical findings in the custody record, the
+record must show where they are recorded. See Note 9G. However, information which is
+necessary to custody staff to ensure the effective ongoing care and well being of the
+detainee must be recorded openly in the custody record, see paragraph 3.8 and Annex G,
+paragraph 7.
+.17 Subject to the requirements of Section 4, the custody record shall include:
+ a record of all medication a detainee has in their possession on arrival at the police
+station;
+a note of any such medication they claim to need but do not have with them.
+Notes for Guidance
+A A ‘healthcare professional’ means a clinically qualified person working within the scope of
+practice as determined by their relevant statutory regulatory body. Whether a healthcare
+professional is ‘appropriate’ depends on the circumstances of the duties they carry out at
+the time.
+B Whenever possible juveniles and mentally vulnerable detainees should be visited more
+frequently.
+C A detainee who appears drunk or behaves abnormally may be suffering from illness, the
+effects of drugs or may have sustained injury, particularly a head injury which is not
+apparent. A detainee needing or dependent on certain drugs, including alcohol, may
+experience harmful effects within a short time of being deprived of their supply. In these
+circumstances, when there is any doubt, police should always act urgently to call an
+appropriate healthcare professional or an ambulance. Paragraph 9.5 does not apply to
+minor ailments or injuries which do not need attention. However, all such ailments or
+injuries must be recorded in the custody record and any doubt must be resolved in favour of
+calling the appropriate healthcare professional.
+CA Paragraph 9.3 would apply to a person in police custody 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 evidence after being charged with drug possession or
+drug trafficking and suspected of having swallowed drugs. In the case of the healthcare
+needs of a person who has swallowed drugs, the custody officer, subject to any clinical
+directions, should consider the necessity for rousing every half hour. This does not negate
+the need for regular visiting of the suspect in the cell.
+D Whenever practicable, arrangements should be made for persons detained for assessment
+under the Mental Health Act 1983, section 136 to be taken to a hospital. Chapter 10 of the
+Mental Health Act 1983 Code of Practice (as revised) provides more detailed guidance
+about arranging assessments under section 136 and transferring detainees from police
+stations to other places of safety.
+E It is important to respect a person’s right to privacy and information about their health must
+be kept confidential and only disclosed with their consent or in accordance with clinical
+advice when it is necessary to protect the detainee’s health or that of others who come into
+contact with them.
+F The custody officer should always seek to clarify directions that the detainee requires
+constant observation or supervision and should ask the appropriate healthcare professional
+to explain precisely what action needs to be taken to implement such directions.
+G Paragraphs 9.15 and 9.16 do not require any information about the cause of any injury,
+ailment or condition to be recorded on the custody record if it appears capable of providing
+evidence of an offence.
+H The purpose of recording a person's responses when attempting to rouse them using the
+procedure in Annex H is to enable any change in the individual’s consciousness level to be
+noted and clinical treatment arranged if appropriate.
+Cautions
+(a) When a caution must be given
+.1 A person whom there are grounds to suspect of an offence, see Note 10A, must be
+cautioned before any questions about an offence, or further questions if the answers
+provide the grounds for suspicion, are put to them if either the suspect’s answers or silence,
+(i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to a court
+in a prosecution. A person need not be cautioned if questions are for other necessary
+purposes, e.g.:
+(a) solely to establish their identity or ownership of any vehicle;
+(b) to obtain information in accordance with any relevant statutory requirement, see
+paragraph 10.9;
+(c) in furtherance of the proper and effective conduct of a search, e.g. to determine the
+need to search in the exercise of powers of stop and search or to seek co-operation
+while carrying out a search; or
+(d) to seek verification of a written record as in paragraph 11.13.
+(e) Not used.
+.2 Whenever a person not under arrest is initially cautioned, or reminded that they are under
+caution, that person must at the same time be told they are not under arrest and must be
+informed of the provisions of paragraph 3.21 which explain that they need to agree to be
+interviewed, how they may obtain legal advice according to whether they are at a police
+station or elsewhere and the other rights and entitlements that apply to a voluntary
+interview. See Note 10C.
+.3 A person who is arrested, or further arrested, must be informed at the time if practicable or,
+if not, as soon as it becomes practicable thereafter, that they are under arrest and of the
+grounds and reasons for their arrest, see paragraph 3.4, Note 10B and Code G, paragraphs
+.2 and 4.3.
+.4 As required by Code G, section 3, a person who is arrested, or further arrested, must also
+be cautioned unless:
+(a) it is impracticable to do so by reason of their condition or behaviour at the time;
+(b) they have already been cautioned immediately prior to arrest as in paragraph 10.1.
+(b) Terms of the cautions
+.5 The caution which must be given on:
+(a) arrest; or
+(b) all other occasions before a person is charged or informed they may be prosecuted;
+see section 16,
+should, unless the restriction on drawing adverse inferences from silence applies, see
+Annex C, be in the following terms:
+“You do not have to say anything. But it may harm your defence if you do not mention
+when questioned something which you later rely on in Court. Anything you do say may be
+given in evidence.”
+Where the use of the Welsh Language is appropriate, a constable may provide the caution
+directly in Welsh in the following terms:
+“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch
+chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
+Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.”
+See Note 10G
+.6 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.
+.7 Minor deviations from the words of any caution given in accordance with this Code do not
+constitute a breach of this Code, provided the sense of the relevant caution is preserved.
+See Note 10D.
+.8 After any break in questioning under caution, the person being questioned must be made
+aware they remain under caution. If there is any doubt the relevant caution should be given
+again in full when the interview resumes. See Note 10E.
+.9 When, despite being cautioned, a person fails to co-operate or to answer particular
+questions which may affect their immediate treatment, the person should be informed of
+any relevant consequences and that those consequences are not affected by the caution.
+Examples are when a person's refusal to provide:
+ their name and address when charged may make them liable to detention;
+particulars and information in accordance with a statutory requirement, e.g. under the
+Road Traffic Act 1988, may amount to an offence or may make the person liable to a
+further arrest.
+(c) Special warnings under the Criminal Justice and Public Order Act 1994,
+sections 36 and 37
+.10 When a suspect interviewed at a police station or authorised place of detention after arrest
+fails or refuses to answer certain questions, or to answer satisfactorily, after due warning,
+see Note 10F, a court or jury may draw such inferences as appear proper under the
+Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only
+be drawn when:
+(a) the restriction on drawing adverse inferences from silence, see Annex C, does not
+apply; and
+(b) the suspect is arrested by a constable and fails or refuses to account for any objects,
+marks or substances, or marks on such objects found:
+on their person;
+in or on their clothing or footwear;
+ otherwise in their possession; or
+in the place they were arrested;
+(c) the arrested suspect was found by a constable at a place at or about the time the
+offence for which that officer has arrested them is alleged to have been committed,
+and the suspect fails or refuses to account for their presence there.
+When the restriction on drawing adverse inferences from silence applies, the suspect may
+still be asked to account for any of the matters in (b) or (c) but the special warning
+described in paragraph 10.11 will not apply and must not be given.
+.11 For an inference to be drawn when a suspect fails or refuses to answer a question about
+one of these matters or to answer it satisfactorily, the suspect must first be told in ordinary
+language:
+(a) what offence is being investigated;
+(b) what fact they are being asked to account for;
+(c) this fact may be due to them taking part in the commission of the offence;
+(d) a court may draw a proper inference if they fail or refuse to account for this fact; and
+(e) a record is being made of the interview and it may be given in evidence if they are
+brought to trial.
+(d) Juveniles and persons who are mentally disordered or otherwise mentally
+vulnerable
+.11A The information required in paragraph 10.11 must not be given to a suspect who is a
+juvenile or who is mentally disordered or otherwise mentally vulnerable unless the
+appropriate adult is present.
+.12 If a juvenile or a person who is mentally disordered or otherwise mentally vulnerable is
+cautioned in the absence of the appropriate adult, the caution must be repeated in the
+adult's presence.
+.12ANot used.
+(e) Documentation
+.13 A record shall be made when a caution is given under this section, either in the
+interviewer’s report book or in the interview record.
+Notes for Guidance
+A There must be some reasonable, objective grounds for the suspicion, based on known facts
+or information which are relevant to the likelihood the offence has been committed and the
+person to be questioned committed it.
+B An arrested person must be given sufficient information to enable them to understand that
+they have been deprived of their liberty and the reason they have been arrested, e.g. when
+a person is arrested on suspicion of committing an offence they must be informed of the
+suspected offence’s nature, when and where it was committed. The suspect must also be
+informed of the reason or reasons why the arrest is considered necessary. Vague or
+technical language should be avoided.
+C The restriction on drawing inferences from silence, see Annex C, paragraph 1, does not
+apply to a person who has not been detained and who therefore cannot be prevented from
+seeking legal advice if they want, see paragraph 3.21.
+D If it appears a person does not understand the caution, the person giving it should explain it
+in their own words.
+E It may be necessary to show to the court that nothing occurred during an interview break or
+between interviews which influenced the suspect's recorded evidence. After a break in an
+interview or at the beginning of a subsequent interview, the interviewer should summarise
+the reason for the break and confirm this with the suspect.
+F The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects
+who have been arrested by a constable or an officer of Revenue and Customs and are
+given the relevant warning by the police or Revenue and Customs officer who made the
+arrest or who is investigating the offence. They do not apply to any interviews with
+suspects who have not been arrested.
+G Nothing in this Code requires a caution to be given or repeated when informing a person
+not under arrest they may be prosecuted for an offence. However, a court will not be able
+to draw any inferences under the Criminal Justice and Public Order Act 1994, section 34, if
+the person was not cautioned.
+Interviews - general
+(a) Action
+.1A An interview is the questioning of a person regarding their involvement or suspected
+involvement in a criminal offence or offences which, under paragraph 10.1, must be carried
+out under caution. Before a person is interviewed, they and, if they are represented, their
+solicitor must be given sufficient information to enable them to understand the nature of any
+such offence, and why they are suspected of committing it (see paragraphs 3.4(a) and
+.3), in order to allow for the effective exercise of the rights of the defence. However,
+whilst the information must always be sufficient for the person to understand the nature of
+any offence (see Note 11ZA), this does not require the disclosure of details at a time which
+might prejudice the criminal investigation. The decision about what needs to be disclosed
+for the purpose of this requirement therefore rests with the investigating officer who has
+sufficient knowledge of the case to make that decision. The officer who discloses the
+information shall make a record of the information disclosed and when it was disclosed.
+This record may be made in the interview record, in the officer’s report book or other form
+provided for this purpose. Procedures under the Road Traffic Act 1988, section 7 or the
+Transport and Works Act 1992, section 31 do not constitute interviewing for the purpose of
+this Code.
+.1 Following a decision to arrest a suspect, they must not be interviewed about the relevant
+offence except at a police station or other authorised place of detention, unless the
+consequent delay would be likely to:
+(a) lead to:
+ interference with, or harm to, evidence connected with an offence;
+ interference with, or physical harm to, other people; or
+serious loss of, or damage to, property;
+(b) lead to alerting other people suspected of committing an offence but not yet arrested
+for it; or
+(c) hinder the recovery of property obtained in consequence of the commission of an
+offence.
+Interviewing in any of these circumstances shall cease once the relevant risk has been
+averted or the necessary questions have been put in order to attempt to avert that risk.
+.2 Immediately prior to the commencement or re-commencement of any interview at a police
+station or other authorised place of detention, the interviewer should remind the suspect of
+their entitlement to free legal advice and that the interview can be delayed for legal advice
+to be obtained, unless one of the exceptions in paragraph 6.6 applies. It is the interviewer’s
+responsibility to make sure all reminders are recorded in the interview record.
+.3 Not used.
+.4 At the beginning of an interview the interviewer, after cautioning the suspect, see section
+, shall put to them any significant statement or silence which occurred in the presence
+and hearing of a police officer or other police staff before the start of the interview and
+which have not been put to the suspect in the course of a previous interview. See Note
+A. The interviewer shall ask the suspect whether they confirm or deny that earlier
+statement or silence and if they want to add anything.
+.4A A significant statement is one which appears capable of being used in evidence against the
+suspect, in particular a direct admission of guilt. A significant silence is a failure or refusal
+to answer a question or answer satisfactorily when under caution, which might, allowing for
+the restriction on drawing adverse inferences from silence, see Annex C, give rise to an
+inference under the Criminal Justice and Public Order Act 1994, Part III.
+.5 No interviewer may try to obtain answers or elicit a statement by the use of oppression.
+Except as in paragraph 10.9, no interviewer shall indicate, except to answer a direct
+question, what action will be taken by the police if the person being questioned answers
+questions, makes a statement or refuses to do either. If the person asks directly what
+action will be taken if they answer questions, make a statement or refuse to do either, the
+interviewer may inform them what action the police propose to take provided that action is
+itself proper and warranted.
+.6 The interview or further interview of a person about an offence with which that person has
+not been charged or for which they have not been informed they may be prosecuted, must
+cease when:
+(a) the officer in charge of the investigation is satisfied all the questions they consider
+relevant to obtaining accurate and reliable information about the offence have been
+put to the suspect, this includes allowing the suspect an opportunity to give an
+innocent explanation and asking questions to test if the explanation is accurate and
+reliable, e.g. to clear up ambiguities or clarify what the suspect said;
+(b) the officer in charge of the investigation has taken account of any other available
+evidence; and
+(c) the officer in charge of the investigation, or in the case of a detained suspect, the
+custody officer, see paragraph 16.1, reasonably believes there is sufficient evidence
+to provide a realistic prospect of conviction for that offence. See Note 11B.
+This paragraph does not prevent officers in revenue cases or acting under the confiscation
+provisions of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 from inviting
+suspects to complete a formal question and answer record after the interview is concluded.
+(b) Interview records
+.7
+(a) An accurate record must be made of each interview, whether or not the interview
+takes place at a police station.
+(b) The record must state the place of interview, the time it begins and ends, any
+interview breaks and, subject to paragraph 2.6A, the names of all those present; and
+must be made on the forms provided for this purpose or in the interviewer's report
+book or in accordance with Codes of Practice E or F.
+(c) Any written record must be made and completed during the interview, unless this
+would not be practicable or would interfere with the conduct of the interview, and must
+constitute either a verbatim record of what has been said or, failing this, an account of
+the interview which adequately and accurately summarises it.
+.8 If a written record is not made during the interview it must be made as soon as practicable
+after its completion.
+.9 Written interview records must be timed and signed by the maker.
+.10 If a written record is not completed during the interview the reason must be recorded in the
+interview record.
+.11 Unless it is impracticable, the person interviewed shall be given the opportunity to read the
+interview record and to sign it as correct or to indicate how they consider it inaccurate. If
+the person interviewed cannot read or refuses to read the record or sign it, the senior
+interviewer present shall read it to them and ask whether they would like to sign it as correct
+or make their mark or to indicate how they consider it inaccurate. The interviewer shall
+certify on the interview record itself what has occurred. See Note 11E.
+.12 If the appropriate adult or the person’s solicitor is present during the interview, they should
+also be given an opportunity to read and sign the interview record or any written statement
+taken down during the interview.
+.13 A record shall be made of any comments made by a suspect, including unsolicited
+comments, which are outside the context of an interview but which might be relevant to the
+offence. Any such record must be timed and signed by the maker. When practicable the
+suspect shall be given the opportunity to read that record and to sign it as correct or to
+indicate how they consider it inaccurate. See Note 11E.
+.14 Any refusal by a person to sign an interview record when asked in accordance with this
+Code must itself be recorded.
+(c) Juveniles and mentally disordered or otherwise mentally vulnerable people
+.15 A juvenile or person who is mentally disordered or otherwise mentally vulnerable must not
+be interviewed regarding their involvement or suspected involvement in a criminal offence
+or offences, or asked to provide or sign a written statement under caution or record of
+interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20
+apply. See Note 11C.
+.16 Juveniles may only be interviewed at their place of education in exceptional circumstances
+and only when the principal or their nominee agrees. Every effort should be made to notify
+the parent(s) or other person responsible for the juvenile’s welfare and the appropriate
+adult, if this is a different person, that the police want to interview the juvenile and
+reasonable time should be allowed to enable the appropriate adult to be present at the
+interview. If awaiting the appropriate adult would cause unreasonable delay, and unless
+the juvenile is suspected of an offence against the educational establishment, the principal
+or their nominee can act as the appropriate adult for the purposes of the interview.
+.17 If an appropriate adult is present at an interview, they shall be informed:
+that they are not expected to act simply as an observer; and
+that the purpose of their presence is to:
+advise the person being interviewed;
+observe whether the interview is being conducted properly and fairly; and
+facilitate communication with the person being interviewed.
+.17A The appropriate adult may be required to leave the interview if their conduct is such that the
+interviewer is unable properly to put questions to the suspect. This will include situations
+where the appropriate adult's approach or conduct prevents or unreasonably obstructs
+proper questions being put to the suspect or the suspect's responses being recorded (see
+Note 11F). If the interviewer considers an appropriate adult is acting in such a way, they
+will stop the interview and consult an officer not below superintendent rank, if one is readily
+available, and otherwise an officer not below inspector rank not connected with the
+investigation. After speaking to the appropriate adult, the officer consulted must remind the
+adult that their role under paragraph 11.17 does not allow them to obstruct proper
+questioning and give the adult an opportunity to respond. The officer consulted will then
+decide if the interview should continue without the attendance of that appropriate adult. If
+they decide it should, another appropriate adult must be obtained before the interview
+continues, unless the provisions of paragraph 11.18 below apply.
+(d) Vulnerable suspects - urgent interviews at police stations
+.18 The following interviews may take place only if an officer of superintendent rank or above
+considers delaying the interview will lead to the consequences in paragraph 11.1(a) to (c),
+and is satisfied the interview would not significantly harm the person’s physical or mental
+state (see Annex G):
+(a) an interview of a detained juvenile or person who is mentally disordered or otherwise
+mentally vulnerable without the appropriate adult being present;
+(b) an interview of anyone detained other than in (a) who appears unable to:
+appreciate the significance of questions and their answers; or
+understand what is happening because of the effects of drink, drugs or any illness,
+ailment or condition;
+(c) an interview, without an interpreter having been arranged, of a detained person whom
+the custody officer has determined requires an interpreter (see paragraphs 3.5(c)(ii)
+and 3.12) which is carried out by an interviewer speaking the suspect’s own language
+or (as the case may be) otherwise establishing effective communication which is
+sufficient to enable the necessary questions to be asked and answered in order to
+avert the consequences. See paragraphs 13.2 and 13.5.
+.19 These interviews may not continue once sufficient information has been obtained to avert
+the consequences in paragraph 11.1(a) to (c).
+.20 A record shall be made of the grounds for any decision to interview a person under
+paragraph 11.18.
+Notes for Guidance
+ZA The requirement in paragraph 11.1A for a suspect to be given sufficient information about
+the offence applies prior to the interview and whether or not they are legally represented.
+What is sufficient will depend on the circumstances of the case, but it should normally
+include, as a minimum, a description of the facts relating to the suspected offence that are
+known to the officer, including the time and place in question. This aims to avoid suspects
+being confused or unclear about what they are supposed to have done and to help an
+innocent suspect to clear the matter up more quickly.
+A Paragraph 11.4 does not prevent the interviewer from putting significant statements and
+silences to a suspect again at a later stage or a further interview.
+B The Criminal Procedure and Investigations Act 1996 Code of Practice, paragraph 3.5 states
+‘In conducting an investigation, the investigator should pursue all reasonable lines of
+enquiry, whether these point towards or away from the suspect. What is reasonable will
+depend on the particular circumstances.’ Interviewers should keep this in mind when
+deciding what questions to ask in an interview.
+C Although juveniles or people who are mentally disordered or otherwise mentally vulnerable
+are often capable of providing reliable evidence, they may, without knowing or wishing to do
+so, be particularly prone in certain circumstances to provide information that may be
+unreliable, misleading or self-incriminating. Special care should always be taken when
+questioning such a person, and the appropriate adult should be involved if there is any
+doubt about a person's age, mental state or capacity. Because of the risk of unreliable
+evidence it is also important to obtain corroboration of any facts admitted whenever
+possible.
+D Juveniles should not be arrested at their place of education unless this is unavoidable.
+When a juvenile is arrested at their place of education, the principal or their nominee must
+be informed.
+E Significant statements described in paragraph 11.4 will always be relevant to the offence
+and must be recorded. When a suspect agrees to read records of interviews and other
+comments and sign them as correct, they should be asked to endorse the record with, e.g.
+‘I agree that this is a correct record of what was said’ and add their signature. If the suspect
+does not agree with the record, the interviewer should record the details of any
+disagreement and ask the suspect to read these details and sign them to the effect that
+they accurately reflect their disagreement. Any refusal to sign should be recorded.
+F The appropriate adult may intervene if they consider it is necessary to help the suspect
+understand any question asked and to help the suspect to answer any question. Paragraph
+.17A only applies if the appropriate adult’s approach or conduct prevents or
+unreasonably obstructs proper questions being put to the suspect or the suspect’s
+response being recorded. Examples of unacceptable conduct include answering questions
+on a suspect’s behalf or providing written replies for the suspect to quote. An officer who
+takes the decision to exclude an appropriate adult must be in a position to satisfy the court
+the decision was properly made. In order to do this they may need to witness what is
+happening and give the suspect’s solicitor (if they have one) who witnessed what
+happened, an opportunity to comment.
+Interviews in police stations
+(a) Action
+.1 If a police officer wants to interview or conduct enquiries which require the presence of a
+detainee, the custody officer is responsible for deciding whether to deliver the detainee into
+the officer’s custody. An investigating officer who is given custody of a detainee takes over
+responsibility for the detainee’s care and safe custody for the purposes of this Code until
+they return the detainee to the custody officer when they must report the manner in which
+they complied with the Code whilst having custody of the detainee.
+.2 Except as below, in any period of 24 hours a detainee must be allowed a continuous period
+of at least 8 hours for rest, free from questioning, travel or any interruption in connection
+with the investigation concerned. This period should normally be at night or other
+appropriate time which takes account of when the detainee last slept or rested. If a detainee
+is arrested at a police station after going there voluntarily, the period of 24 hours runs from
+the time of their arrest and not the time of arrival at the police station. The period may not
+be interrupted or delayed, except:
+(a) when there are reasonable grounds for believing not delaying or interrupting the
+period would:
+(i) involve a risk of harm to people or serious loss of, or damage to, property;
+(ii) delay unnecessarily the person's release from custody; or
+(iii) otherwise prejudice the outcome of the investigation;
+(b) at the request of the detainee, their appropriate adult or legal representative;
+(c) when a delay or interruption is necessary in order to:
+(i) comply with the legal obligations and duties arising under section 15; or
+(ii) to take action required under section 9 or in accordance with medical advice.
+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.
+.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
+assess whether the detainee is fit enough to be interviewed. This means determining and
+considering the risks to the detainee’s physical and mental state if the interview took place
+and determining what safeguards are needed to allow the interview to take place. See
+Annex G. The custody officer shall not allow a detainee to be interviewed if the custody
+officer considers it would cause significant harm to the detainee’s physical or mental state.
+Vulnerable suspects listed at paragraph 11.18 shall be treated as always being at some risk
+during an interview and these persons may not be interviewed except in accordance with
+paragraphs 11.18 to 11.20.
+.4 As far as practicable interviews shall take place in interview rooms which are adequately
+heated, lit and ventilated.
+.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
+have been arrested may choose not to answer questions but police do not require the
+suspect's consent or agreement to interview them for this purpose. If a suspect takes steps
+to prevent themselves being questioned or further questioned, e.g. by refusing to leave their
+cell to go to a suitable interview room or by trying to leave the interview room, they shall be
+advised their consent or agreement to interview is not required. The suspect shall be
+cautioned as in section 10, and informed if they fail or refuse to co-operate, the interview
+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.
+.6 People being questioned or making statements shall not be required to stand.
+.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify
+themselves and any other persons present to the interviewee.
+.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
+provided at approximately two hour intervals, subject to the interviewer's discretion to delay
+a break if there are reasonable grounds for believing it would:
+(i) involve a:
+risk of harm to people;
+ serious loss of, or damage to, property;
+(ii) unnecessarily delay the detainee's release; or
+(iii) otherwise prejudice the outcome of the investigation.
+See Note 12B
+.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
+may have been treated improperly, the interviewer should:
+(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.
+(b) Documentation
+.10 A record must be made of the:
+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.
+.11 A record shall be made of:
+(a) the reasons it was not practicable to use an interview room; and
+(b) any action taken as in paragraph 12.5.
+The record shall be made on the custody record or in the interview record for action taken
+whilst an interview record is being kept, with a brief reference to this effect in the custody
+record.
+.12 Any decision to delay a break in an interview must be recorded, with reasons, in the
+interview record.
+.13 All written statements made at police stations under caution shall be written on forms
+provided for the purpose.
+.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
+reminded about the right to legal advice. See Note 12A.
+Notes for Guidance
+A 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
+recorded in accordance with Code E or F. Statements under caution should normally 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.
+B 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
+paragraph 12.8 and prolongs the interview, a longer break should be provided. If there is a
+short interview and another short interview is contemplated, the length of the break may be
+reduced if there are reasonable grounds to believe this is necessary to avoid any of the
+consequences in paragraph 12.8(i) to (iii).
+Interpreters
+(a) General
+.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
+translations of essential documents for:
+(a) detained suspects who, in accordance with paragraph 3.5(c)(ii), the custody officer
+has determined require an interpreter, and
+(b) suspects who are not under arrest but are cautioned as in section 10 who, in
+accordance with paragraph 3.21(b), the interviewer has determined require an
+interpreter. In these cases, the responsibilities of the custody officer are, if
+appropriate, assigned to the interviewer. An interviewer who has any doubts about
+whether and what arrangements for an interpreter must be made or about how the
+provisions of this section should be applied to a suspect who is not under arrest
+should seek advice from an officer of the rank of sergeant or above.
+If the suspect has a hearing or speech impediment, references to ‘interpreter’ and
+‘interpretation’ in this Code include arrangements for appropriate assistance necessary to
+establish effective communication with that person. See paragraph 13.1C below if the
+person is in Wales.
+.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a),
+.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other
+Code, to making arrangements for an interpreter to assist a suspect, mean making
+arrangements for the interpreter to be physically present in the same location as the
+suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow livelink
+interpretation to be used.
+.1A The arrangements must comply with the minimum requirements set out in Directive
+/64/EU of the European Parliament and of the Council of 20 October 2010 on the right
+to interpretation and translation in criminal proceedings (see Note 13A). The provisions of
+this Code implement the requirements for those to whom this Code applies. These
+requirements include the following:
+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
+that suspected or accused persons have knowledge of the cases against them and are
+able to exercise their right of defence’. This term which is used by the Directive means
+that the suspect must be able to understand their position and be able to communicate
+effectively with police officers, interviewers, solicitors and appropriate adults as provided
+for by this and any other Code in the same way as a suspect who can speak and
+understand English and who does not have a hearing or speech impediment and who
+would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N
+for application to live-link interpretation.
+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
+proceedings’ as described above. For the purposes of this Code, this includes any
+decision to authorise a person to be detained and details of any offence(s) with which
+the person has been charged or for which they have been told they may be prosecuted,
+see Annex M.
+Procedures to help determine:
+whether a suspect can speak and understand English and needs the assistance of
+an interpreter, see paragraph 13.1 and Notes 13B and 13C; and
+whether another interpreter should be arranged or another translation should be
+provided when a suspect complains about the quality of either or both, see
+paragraphs 13.10A and 13.10C.
+.1B All reasonable attempts should be made to make the suspect understand that interpretation
+and translation will be provided at public expense.
+.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
+accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1.
+(b) Interviewing suspects - foreign languages
+.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
+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.
+.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
+English, arrangements must be made for an interpreter to assist communication between
+the person, the appropriate adult and the interviewer, unless the interview is urgent and
+paragraphs 11.1 or 11.18(c) apply.
+.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
+for use in the event of the interpreter being called to give evidence, and certifies its
+accuracy. The interviewer should allow sufficient time for the interpreter to note each
+question and answer after each is put, given and interpreted. The person should be
+allowed to read the record or have it read to them and sign it as correct or indicate the
+respects in which they consider it inaccurate. If an audio or visual record of the interview is
+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.
+.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:
+(a) the interpreter shall record the statement in the language it is made;
+(b) the person shall be invited to sign it;
+(c) an official English translation shall be made in due course. See paragraphs 13.12 to
+.14 and Annex N for application to live-link interpretation.
+(c) Interviewing suspects who have a hearing or speech impediment
+.5 Unless paragraphs 11.1 or 11.18(c) (urgent interviews) apply, a suspect who for the
+purposes of this Code requires an interpreter or other appropriate assistance to enable
+effective communication with them because they appear to have a hearing or speech
+impediment (see paragraphs 3.5(c)(ii) and 3.12) must not be interviewed without
+arrangements having been made to provide an independent person capable of interpreting
+or of providing other appropriate assistance.
+.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
+appropriate adult, appears to have a hearing or speech impediment, unless the interview is
+urgent and paragraphs 11.1 or 11.18(c) apply.
+.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
+called to give evidence. If an audio or visual recording is made, the arrangements in Code
+E or F apply.
+See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
+(d) Additional rules for detained persons
+.8 Not used.
+.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
+enable communication. A police officer or any other police staff may not be used for this
+purpose.
+.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
+must also be made for an interpreter to:
+explain the grounds and reasons for any authorisation for their continued detention,
+before or after charge and any information about the authorisation given to them by the
+authorising officer and which is recorded in the custody record. See paragraphs 15.3,
+.4 and 15.16(a) and (b);
+to provide interpretation at the magistrates’ court for the hearing of an application for a
+warrant of further detention or any extension or further extension of such warrant to
+explain any grounds and reasons for the application and any information about the
+authorisation of their further detention given to them by the court (see PACE, sections
+and 44 and paragraphs 15.2 and 15.16(c)); and
+explain any offence with which the detainee is charged or for which they are informed
+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.
+.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
+to make arrangements for a different interpreter in accordance with the procedures set out
+in the arrangements made by the chief officer, see paragraph 13.1A.
+(e) Translations of essential documents
+.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
+(Translations of documents and records).
+.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
+a further translation should be provided in accordance with the procedures set out in the
+arrangements made by the chief officer, see paragraph 13.1A.
+(f) Decisions not to provide interpretation and translation.
+.10DIf a suspect challenges a decision:
+made by the custody officer or (as the case may be) by the interviewer, in accordance
+with this Code (see paragraphs 3.5(c)(ii) and 3.21(b)) that they do not require an
+interpreter, or
+made in accordance with paragraphs 13.10A, 13.10B or 13.10C not to make
+arrangements to provide a different interpreter or another translation or not to translate
+a requested document,
+the matter shall be reported to an inspector to deal with as a complaint for the purposes of
+paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview.
+(g) Documentation
+.11 The following must be recorded in the custody record or, as applicable, the interview
+record:
+(a) Action taken to arrange for an interpreter, including the live-link requirements in Annex
+N as applicable;
+(b) Action taken when a detainee is not satisfied about the standard of interpretation or
+translation provided, see paragraphs 13.10A and 13.10C;
+(c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in
+the absence of an interpreter;
+(d) When a detainee has been assisted by an interpreter for the purpose of providing or
+being given information or being interviewed;
+(e) Action taken in accordance with Annex M when:
+a written translation of an essential document is provided;
+an oral translation or oral summary of an essential document is provided instead of
+a written translation and the authorising officer’s reason(s) why this would not
+prejudice the fairness of the proceedings (see Annex M, paragraph 3);
+a suspect waives their right to a translation of an essential document (see Annex
+M, paragraph 4);
+when representations that a document which is not included in the table is
+essential and that a translation should be provided are refused and the reason for
+the refusal (see Annex M, paragraph 8).
+(h) Live-link interpretation
+.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
+the suspect. The arrangement must ensure that anything said by any person in the
+suspect’s presence and hearing can be interpreted in the same way as if the interpreter
+was physically present at that time. The communication must be by audio and visual
+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:
+(a) Audio and visual communication
+This applies for the purposes of an interview conducted and recorded in accordance
+with Code E (Audio recording) or Code F (Visual recording) and during that interview,
+live link interpretation must enable:
+(i) the suspect, the interviewer, solicitor, appropriate adult and any other person
+physically present with the suspect at any time during the interview and an
+interpreter who is not physically present, to see and hear each other; and
+(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.
+(b) Audio and visual or audio without visual communication.
+This applies to communication for the purposes of any provision of this or any other
+Code except as described in (a), which requires or permits information to be given to,
+sought from, or provided by a suspect, whether orally or in writing, which would
+include communication between the suspect and their solicitor and/or appropriate
+adult, and for these cases, live link interpretation must:
+(i) enable the suspect, the person giving or seeking that information, any other
+person physically present with the suspect at that time and an interpreter who is
+not so present, to either see and hear each other, or to hear without seeing each
+other (for example by using a telephone); and
+(ii) enable that information to be given to, sought from, or provided by, the suspect
+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.
+.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
+arrangements must provide for any written or electronic record of what the suspect says in
+their own language which is made by the interpreter, to be securely transmitted without
+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.
+.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
+with the suspect. This includes ensuring that at any time during which live link
+interpretation is being used: a person cannot see, hear or otherwise obtain access to any
+communications between the suspect and interpreter or communicate with the suspect or
+interpreter unless so authorised or allowed by the custody officer or, in the case of an
+interview, the interviewer and that as applicable, the confidentiality of any private
+consultation between a suspect and their solicitor and appropriate adult (see paragraphs
+.2A, 13.6 and 13.9) is maintained.. See Annex N paragraph 4.
+Notes for Guidance
+A 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
+compatible with the requirements of the Directive. One example which chief officers may
+wish to consider is the Ministry of Justice commercial agreements for interpretation and
+translation services.
+B 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
+detainee to indicate their ability to speak and understand English and their preferred
+language. This could be confirmed through an interpreter who could also assess the extent
+to which the person can speak and understand English.
+C 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
+applicable, sign any documentation.
+Questioning - special restrictions
+.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,
+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.
+.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.
+Note for Guidance
+A 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
+permitted.
+Reviews and extensions of detention
+(a) Persons detained under PACE
+.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
+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
+the case may be) the officer considering the need to extend detention without charge
+from 24 to 36 hours (PACE, section 42), is responsible, in consultation with the
+investigating officer, for deciding which documents and materials are essential and
+must be made available.
+(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
+deciding which documents and materials are essential and must be made available
+before the hearing. See Note 3ZA.
+.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
+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.
+.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
+extend the maximum period the person may be detained without charge by up to 12 hours.
+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.
+.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
+juvenile or mentally vulnerable person for longer than 24 hours will be dependent on the
+circumstances of the case and with regard to the person's:
+(a) special vulnerability;
+(b) the legal obligation to provide an opportunity for representations to be made prior to a
+decision about extending detention;
+(c) the need to consult and consider the views of any appropriate adult; and
+(d) any alternatives to police custody.
+.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
+detention to:
+(a) the detainee, unless in the case of a review as in paragraph 15.1, the detainee is
+asleep;
+(b) the detainee's solicitor if available at the time; and
+(c) the appropriate adult if available at the time.
+See Note 15CA
+.3A Other people having an interest in the detainee’s welfare may also make representations at
+the authorising officer's discretion.
+.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
+representations from the detainee if the officer considers them unfit to make
+representations because of their condition or behaviour. See Note 15C.
+.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
+review may take, the review officer must always take full account of the needs of the person
+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
+the person is:
+(a) a juvenile (and the age of the juvenile); or
+(b) suspected of being mentally vulnerable; or
+(c) in need of medical attention for other than routine minor ailments; or
+(d) subject to presentational or community issues around their detention.
+.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
+of their entitlement to free legal advice, see paragraph 6.5, unless in the case of a review
+the person is asleep.
+.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
+maximum period for which they may be detained without charge, then any comment made
+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.
+.6 No officer shall put specific questions to the detainee:
+regarding their involvement in any offence; or
+in respect of any comments they may make:
+when given the opportunity to make representations; or
+in response to a decision to keep them in detention or extend the maximum period
+of detention.
+Such an exchange could constitute an interview as in paragraph 11.1A and would be
+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.
+.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
+waking.
+.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
+offence, or under section 44, to extend or further extend that warrant, the detainee:
+(a) must be brought to court for the hearing of the application;
+(b) is entitled to be legally represented if they wish, in which case, Annex B cannot apply;
+and
+(c) must be given a copy of the information which supports the application and states:
+(i) the nature of the offence for which the person to whom the application relates
+has been arrested;
+(ii) the general nature of the evidence on which the person was arrested;
+(iii) what inquiries about the offence have been made and what further inquiries are
+proposed;
+(iv) the reasons for believing continued detention is necessary for the purposes of
+the further inquiries;
+Note: A warrant of further detention can only be issued or extended if the court has
+reasonable grounds for believing that the person’s further detention is necessary for the
+purpose of obtaining evidence of an indictable offence for which the person has been
+arrested and that the investigation is being conducted diligently and expeditiously.
+See paragraph 15.0(b).
+.8 Not used.
+(b) Review of detention by telephone and video conferencing facilities
+.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
+the detainee and may carry out the review by telephone.
+.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
+holding the detainee and may carry out the review by video conferencing facilities. See
+Note 15G.
+.9B A telephone review is not permitted where facilities for review by video conferencing exist
+and it is practicable to use them.
+.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
+reasons for doing so should be noted in the custody record.
+See Note 15F.
+.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
+obligations under PACE section 40 and this Code by:
+(a) making any record connected with the review in the detainee’s custody record;
+(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.
+.11 When a review is carried out by telephone or by video conferencing facilities, the
+requirement in paragraph 15.3 will be satisfied:
+(a) if facilities exist for the immediate transmission of written representations to the review
+officer, e.g. fax or email message, by allowing those who are given the opportunity to
+make representations, to make their representations:
+(i) orally by telephone or (as the case may be) by means of the video conferencing
+facilities; or
+(ii) in writing using the facilities for the immediate transmission of written
+representations; and
+(b) in all other cases, by allowing those who are given the opportunity to make
+representations, to make their representations orally by telephone or by means of the
+video conferencing facilities.
+(c) Documentation
+.12 It is the officer’s responsibility to make sure all reminders given under paragraph 15.4 are
+noted in the custody record.
+.13 The grounds for, and extent of, any delay in conducting a review shall be recorded.
+.14 When a review is carried out by telephone or video conferencing facilities, a record shall be
+made of:
+(a) the reason the review officer did not attend the station holding the detainee;
+(b) the place the review officer was;
+(c) the method representations, oral or written, were made to the review officer, see
+paragraph 15.11.
+.15 Any written representations shall be retained.
+.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
+applies, of when the person was informed and by whom;
+(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
+from the relevant time. If an authorisation is given, the record shall state the number
+of hours and minutes by which the detention period is extended or further extended.
+(c) the outcome of each application under PACE, section 43, for a warrant of further
+detention or under section 44, for an extension or further extension of that warrant. If
+a warrant for further detention is granted under section 43 or extended or further
+extended under 44, the record shall state the detention period authorised by the
+warrant and the date and time it was granted or (as the case may be) the period by
+which the warrant is extended or further extended.
+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.
+Notes for Guidance
+A Review officer for the purposes of:
+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
+and, if a person has been arrested and charged, the custody officer.
+B 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
+reviews can be carried out by an officer of the rank of sergeant or above. The purpose of
+such reviews is to check the particular power under which a detainee is held continues to
+apply, any associated conditions are complied with and to make sure appropriate action is
+taken to deal with any changes. This includes the detainee’s prompt release when the
+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:
+(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
+after charge;
+(c) in police custody for specific purposes and periods under the Crime (Sentences) Act
+, Schedule 1;
+(d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service
+under the Imprisonment (Temporary Provisions) Act 1980, section 6;
+(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
+Immigration Service);
+(g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section
+(as amended by the Drugs Act 2005, section 8) to facilitate the recovery of
+evidence after being charged with drug possession or drug trafficking and suspected
+of having swallowed drugs.
+The detention of persons remanded into police detention by order of a court under the
+Magistrates’ Courts Act 1980, section 128 is subject to a statutory requirement to review
+that detention. This is to make sure the detainee is taken back to court no later than the
+end of the period authorised by the court or when the need for their detention by police
+ceases, whichever is the sooner.
+C 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
+allowed as in paragraph 12.2, at the latest time a review or authorisation to extend
+detention may take place, the officer should, if the legal obligations and time constraints
+permit, bring forward the procedure to allow the detainee to make representations. A
+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
+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.
+CA 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
+attending the station. Reasonable efforts should therefore be made to give the solicitor and
+appropriate adult sufficient notice of the time the decision is expected to be made so that
+they can make themselves available.
+D 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
+during normal court hours. It will not usually be practicable to arrange for a court to sit
+specially outside the hours of 10am to 9pm. If it appears a special sitting may be needed
+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.
+E 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
+regulations, is given that responsibility on a temporary basis whilst the appointed long-term
+holder is off duty or otherwise unavailable.
+F 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,
+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.
+G 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
+detainee concerned and the detainee’s solicitor all being able to both see and to hear each
+other. The use of video conferencing facilities for decisions about detention under section
+A of PACE is subject to regulations made by the Secretary of State being in force.
+Charging detained persons
+(a) Action
+.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),
+they shall without delay, and subject to the following qualification, inform the custody officer
+who will be responsible for considering whether the detainee should be charged. See
+Notes 11B and 16A. When a person is detained in respect of more than one offence it is
+permissible to delay informing the custody officer until the above conditions are satisfied in
+respect of all the offences, but see paragraph 11.6. If the detainee is a juvenile, mentally
+disordered or otherwise mentally vulnerable, any resulting action shall be taken in the
+presence of the appropriate adult if they are present at the time.
+See Notes 16B and 16C.
+.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
+with the detainee. See Notes 16AA and 16AB.
+.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 take place with a Crown Prosecutor as soon as is reasonably practicable. Where
+the Crown Prosecutor is unable to make the charging decision on the information available
+at that time, the detainee may be released without charge and on bail (with conditions if
+necessary) under section 37(7)(a). In such circumstances, the detainee should be informed
+that they are being released to enable the Director of Public Prosecutions to make a
+decision under section 37B.
+.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
+applies, see Annex C, be cautioned as follows:
+‘You do not have to say anything. But it may harm your defence if you do not mention
+now something which you later rely on in court. Anything you do say may be given in
+evidence.’
+Where the use of the Welsh Language is appropriate, a constable may provide the caution
+directly in Welsh in the following terms:
+‘Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na
+fyddwch chi’n sôn, yn awr, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
+llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.’
+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.
+.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.
+As far as possible the particulars of the charge shall be stated in simple terms, but they
+shall also show the precise offence in law with which the detainee is charged. The notice
+shall begin:
+‘You are charged with the offence(s) shown below.’ Followed by the caution.
+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.
+.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
+person relating to such an offence, the detainee shall either be handed a true copy of the
+written statement or the content of the interview record brought to their attention. Nothing
+shall be done to invite any reply or comment except to:
+(a) caution the detainee, ‘You do not have to say anything, but anything you do say may
+be given in evidence.’;
+Where the use of the Welsh Language is appropriate, caution the detainee in the
+following terms:
+‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych yn ei ddweud
+gael ei roi fel tystiolaeth.’
+and
+(b) remind the detainee about their right to legal advice.
+.4A If the detainee:
+cannot read, the document may be read to them;
+ is a juvenile, mentally disordered or otherwise mentally vulnerable, the appropriate adult
+shall also be given a copy, or the interview record shall be brought to their attention.
+.5 A detainee may not be interviewed about an offence after they have been charged with, or
+informed they may be prosecuted for it, unless the interview is necessary:
+to prevent or minimise harm or loss to some other person, or the public
+to clear up an ambiguity in a previous answer or statement
+in the interests of justice for the detainee to have put to them, and have an opportunity
+to comment on, information concerning the offence which has come to light since they
+were charged or informed they might be prosecuted
+Before any such interview, the interviewer shall:
+(a) caution the detainee, ‘You do not have to say anything, but anything you do say may
+be given in evidence.’
+C
+Codes of practice – Code C Detention, treatment and questioning of persons by police officers
+Where the use of the Welsh Language is appropriate, the interviewer shall caution
+the detainee: ‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych
+yn ei ddweud gael ei roi fel tystiolaeth.’
+(b) remind the detainee about their right to legal advice.
+See Note 16B
+.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
+these provisions must be complied with again in their presence when they arrive unless the
+detainee has been released. See Note 16C.
+.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
+juvenile to be taken into the care of a local authority to be detained pending appearance in
+court unless the custody officer certifies in accordance with PACE, section 38(6), that:
+(a) for any juvenile; it is impracticable to do so and the reasons why it is impracticable
+must be set out in the certificate that must be produced to the court; or,
+(b) in the case of a juvenile of at least 12 years old, no secure accommodation is
+available and other accommodation would not be adequate to protect the public from
+serious harm from that juvenile. See Note 16D.
+Note: Chief officers should ensure that the operation of these provisions at police stations in
+their areas is subject to supervision and monitoring by an officer of the rank of
+inspector or above.
+.7A The requirement in paragraph 3.4(b) that documents and materials essential to effectively
+challenging the lawfulness of the detainee’s arrest and detention must be made available to
+the detainee and, if they are represented, their solicitor, applies for the purposes of this
+section and a person’s detention after charge. This means that the custody officer making
+the bail decision (PACE, section 38) or reviewing the need for detention after charge
+(PACE, section 40), is responsible for determining what, if any, documents or materials are
+essential and must be made available to the detainee or their solicitor. See Note 3ZA.
+(b) Documentation
+.8 A record shall be made of anything a detainee says when charged.
+.9 Any questions put in an interview after charge and answers given relating to the offence
+shall be recorded in full during the interview on forms for that purpose and the record
+signed by the detainee or, if they refuse, by the interviewer and any third parties present. If
+the questions are audibly recorded or visually recorded the arrangements in Code E or F
+apply.
+.10 If arrangements for a juvenile’s transfer into local authority care as in paragraph 16.7 are
+not made, the custody officer must record the reasons in a certificate which must be
+produced before the court with the juvenile. See Note 16D.
+Notes for Guidance
+A The custody officer must take into account alternatives to prosecution under the Crime and
+Disorder Act 1998 applicable to persons under 18, and in national guidance on the
+cautioning of offenders applicable to persons aged 18 and over.
+AA When a person is arrested under the provisions of the Criminal Justice Act 2003 which
+allow a person to be re-tried after being acquitted of a serious offence which is a qualifying
+offence specified in Schedule 5 to that Act and not precluded from further prosecution by
+virtue of section 75(3) of that Act the detention provisions of PACE are modified and make
+an officer of the rank of superintendent or above who has not been directly involved in the
+investigation responsible for determining whether the evidence is sufficient to charge.
+AB Where Guidance issued by the Director of Public Prosecutions under section 37B is in
+force, a custody officer who determines in accordance with that Guidance that there is
+sufficient evidence to charge the detainee, may detain that person for no longer than is
+reasonably necessary to decide how that person is to be dealt with under PACE, section
+(7)(a) to (d), including, where appropriate, consultation with the Duty Prosecutor. The
+period is subject to the maximum period of detention before charge determined by PACE,
+sections 41 to 44. Where in accordance with the Guidance the case is referred to the CPS
+for decision, the custody officer should ensure that an officer involved in the investigation
+sends to the CPS such information as is specified in the Guidance.
+B The giving of a warning or the service of the Notice of Intended Prosecution required by the
+Road Traffic Offenders Act 1988, section 1 does not amount to informing a detainee they
+may be prosecuted for an offence and so does not preclude further questioning in relation
+to that offence.
+C There is no power under PACE to detain a person and delay action under paragraphs 16.2
+to 16.5 solely to await the arrival of the appropriate adult. Reasonable efforts should
+therefore be made to give the appropriate adult sufficient notice of the time the decision
+(charge etc.) is to be implemented so that they can be present. If the appropriate adult is
+not, or cannot be, present at that time, the detainee should be released on bail to return for
+the decision to be implemented when the adult is present, unless the custody officer
+determines that the absence of the appropriate adult makes the detainee unsuitable for bail
+for this purpose. After charge, bail cannot be refused, or release on bail delayed, simply
+because an appropriate adult is not available, unless the absence of that adult provides the
+custody officer with the necessary grounds to authorise detention after charge under PACE,
+section 38.
+D Except as in paragraph 16.7, neither a juvenile's behaviour nor the nature of the offence
+provides grounds for the custody officer to decide it is impracticable to arrange the
+juvenile's transfer to local authority care. Impracticability concerns the transport and travel
+requirements and the lack of secure accommodation which is provided for the purposes of
+restricting liberty does not make it impracticable to transfer the juvenile. The availability of
+secure accommodation is only a factor in relation to a juvenile aged 12 or over when other
+local authority accommodation would not be adequate to protect the public from serious
+harm from them. The obligation to transfer a juvenile to local authority accommodation
+applies as much to a juvenile charged during the daytime as to a juvenile to be held
+overnight, subject to a requirement to bring the juvenile before a court under PACE, section
+.
+Testing persons for the presence of specified Class A drugs
+(a) Action
+.1 This section of Code C applies only in selected police stations in police areas where the
+provisions for drug testing under section 63B of PACE (as amended by section 5 of the
+Criminal Justice Act 2003 and section 7 of the Drugs Act 2005) are in force and in respect
+of which the Secretary of State has given a notification to the relevant chief officer of police
+that arrangements for the taking of samples have been made. Such a notification will cover
+either a police area as a whole or particular stations within a police area. The notification
+indicates whether the testing applies to those arrested or charged or under the age of 18 as
+the case may be and testing can only take place in respect of the persons so indicated in
+the notification. Testing cannot be carried out unless the relevant notification has been
+given and has not been withdrawn. See Note 17F.
+.2 A sample of urine or a non-intimate sample may be taken from a person in police detention
+for the purpose of ascertaining whether they have any specified Class A drug in their body
+only where they have been brought before the custody officer and:
+(a) either the arrest condition, see paragraph 17.3, or the charge condition, see paragraph
+.4 is met;
+(b) the age condition see paragraph 17.5, is met;
+(c) the notification condition is met in relation to the arrest condition, the charge condition,
+or the age condition, as the case may be. (Testing on charge and/or arrest must be
+specifically provided for in the notification for the power to apply. In addition, the fact
+that testing of under 18s is authorised must be expressly provided for in the notification
+before the power to test such persons applies.). See paragraph 17.1; and
+(d) a police officer has requested the person concerned to give the sample (the request
+condition).
+.3 The arrest condition is met where the detainee:
+(a) has been arrested for a trigger offence, see Note 17E, but not charged with that
+offence; or
+(b) has been arrested for any other offence but not charged with that offence and a police
+officer of inspector rank or above, who has reasonable grounds for suspecting that
+their misuse of any specified Class A drug caused or contributed to the offence, has
+authorised the sample to be taken.
+.4 The charge condition is met where the detainee:
+(a) has been charged with a trigger offence, or
+(b) has been charged with any other offence and a police officer of inspector rank or
+above, who has reasonable grounds for suspecting that the detainee’s misuse of any
+specified Class A drug caused or contributed to the offence, has authorised the sample
+to be taken.
+.5 The age condition is met where:
+(a) in the case of a detainee who has been arrested but not charged as in paragraph
+.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
+or over.
+.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.
+This is to ascertain whether they have a specified Class A drug present in their body;
+(b) warn them that if, when so requested, they fail without good cause to provide a
+sample they may be liable to prosecution;
+(c) where the taking of the sample has been authorised by an inspector or above in
+accordance with paragraph 17.3(b) or 17.4(b) above, inform them that the
+authorisation has been given and the grounds for giving it;
+(d) remind them of the following rights, which may be exercised at any stage during the
+period in custody:
+(i) the right to have someone informed of their arrest [see section 5];
+(ii) the right to consult privately with a solicitor and that free independent legal
+advice is available [see section 6]; and
+(iii) the right to consult these Codes of Practice [see section 3].
+.7 In the case of a person who has not attained the age specified in section 63B(5A) of
+PACE—
+(a) the making of the request for a sample under paragraph 17.2(d) above;
+(b) the giving of the warning and the information under paragraph 17.6 above; and
+(c) the taking of the sample,
+may not take place except in the presence of an appropriate adult. See Note 17G.
+.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or
+.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.
+.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
+continuous period of detention. If during that same period the charge condition is also met
+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.
+.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
+enable a sample to be taken. Where the arrest condition is met, a detainee whom the
+custody officer has decided to release on bail without charge may continue to be detained,
+but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to
+enable a sample to be taken.
+.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
+taken had they not continued to be detained as a result of being arrested for a further
+offence which does not satisfy the arrest condition, may have a sample taken at any time
+within 24 hours after the arrest for the offence that satisfies the arrest condition.
+(b) Documentation
+.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
+above, the authorisation and the grounds for suspicion;
+(b) the giving of a warning of the consequences of failure to provide a sample;
+(c) the time at which the sample was given; and
+(d) the time of charge or, where the arrest condition is being relied upon, the time of
+arrest and, where applicable, the fact that a sample taken after arrest but before
+charge is to be treated as being taken by virtue of the charge condition, where that is
+met in the same period of continuous detention. See paragraph 17.9.
+(c) General
+.13 A sample may only be taken by a prescribed person. See Note 17C.
+.14 Force may not be used to take any sample for the purpose of drug testing.
+.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
+meanings as in Part III of the Criminal Justice and Court Services Act 2000.
+.16 Any sample taken:
+(a) may not be used for any purpose other than to ascertain whether the person
+concerned has a specified Class A drug present in his body; and
+(b) can be disposed of as clinical waste unless it is to be sent for further analysis in cases
+where the test result is disputed at the point when the result is known, including on the
+basis that medication has been taken, or for quality assurance purposes.
+(d) Assessment of misuse of drugs
+.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
+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
+remain for its duration. Where such a requirement is imposed, the officer must, at the same
+time, impose a second requirement on the detainee to attend and remain for a follow-up
+assessment. The officer must inform the detainee that the second requirement will cease
+to have effect if, at the initial assessment they are informed that a follow-up assessment is
+not necessary These requirements may only be imposed on a person if:
+(a) they have reached the age of 18
+(b) notification has been given by the Secretary of State to the relevant chief officer of
+police that arrangements for conducting initial and follow-up assessments have been
+made for those from whom samples for testing have been taken at the police station
+where the detainee is in custody.
+.18 When imposing a requirement to attend an initial assessment and a follow-up assessment
+the police officer must:
+(a) inform the person of the time and place at which the initial assessment is to take place;
+(b) explain that this information will be confirmed in writing; and
+(c) warn the person that they may be liable to prosecution if they fail without good cause to
+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).
+.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
+released from detention, give the person notice in writing which:
+(a) confirms their requirement to attend and remain for the duration of the assessments;
+and
+(b) confirms the information and repeats the warning referred to in paragraph 17.18.
+.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
+been imposed; and
+(b) the information, explanation, warning and notice given in accordance with paragraphs
+.17 and 17.19.
+.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
+place at which the initial assessment is to take place and which repeats the warning
+referred to in paragraph 17.18(c).
+.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.
+Notes for Guidance
+A 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:
+“You do not have to provide a sample, but I must warn you that if you fail or refuse without
+good cause to do so, you will commit an offence for which you may be imprisoned, or fined,
+or both”.
+Where the Welsh language is appropriate, the following form of words may be used:
+“Does dim rhaid i chi roi sampl, ond mae’n rhaid i mi eich rhybuddio y byddwch chi’n
+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.”
+B 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
+nature, is suitable for a particular form of drug analysis.
+C 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 regulations are currently contained in regulation SI 2001 No. 2645, the Police and
+Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed
+Persons) Regulations 2001.]
+D 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.
+E Trigger offences are:
+. Offences under the following provisions of the Theft Act 1968:
+section 1 (theft)
+section 8 (robbery)
+section 9 (burglary)
+section 10 (aggravated burglary)
+section 12 (taking a motor vehicle or other conveyance without authority)
+section 12A (aggravated vehicle-taking)
+section 22 (handling stolen goods)
+section 25 (going equipped for stealing etc.)
+. Offences under the following provisions of the Misuse of Drugs Act 1971, if
+committed in respect of a specified Class A drug:–
+section 4 (restriction on production and supply of controlled drugs)
+section 5(2) (possession of a controlled drug)
+section 5(3) (possession of a controlled drug with intent to supply)
+. Offences under the following provisions of the Fraud Act 2006:
+section 1 (fraud)
+section 6 (possession etc. of articles for use in frauds)
+section 7 (making or supplying articles for use in frauds)
+A. An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in
+respect of an offence under
+(a) any of the following provisions of the Theft Act 1968:
+section 1 (theft)
+section 8 (robbery)
+section 9 (burglary)
+section 22 (handling stolen goods)
+(b) section 1 of the Fraud Act 2006 (fraud)
+. Offences under the following provisions of the Vagrancy Act 1824:
+section 3 (begging)
+section 4 (persistent begging)
+F 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
+a whole or for the particular police station concerned for whichever of the following is
+specified in the notification:
+(a) persons in respect of whom the arrest condition is met;
+(b) persons in respect of whom the charge condition is met;
+(c) persons who have not attained the age of 18.
+Note: Notification is treated as having been given for the purposes of the charge condition
+in relation to a police area, if testing (on charge) under section 63B(2) of PACE was in force
+immediately before section 7 of the Drugs Act 2005 was brought into force; and for the
+purposes of the age condition, in relation to a police area or police station, if immediately
+before that day, notification that arrangements had been made for the taking of samples
+from persons under the age of 18 (those aged 14-17) had been given and had not been
+withdrawn.
+G Appropriate adult in paragraph 17.7 means the person’s–
+(a) parent or guardian or, if they are in the care of a local authority or voluntary
+organisation, a person representing that authority or organisation; or
+(b) a social worker of a local authority; or
+(c) if no person falling within (a) or (b) above is available, any responsible person aged 18
+or over who is not:
+a police officer;
+employed by the police;
+under the direction or control of the chief officer of police force; or
+a person who provides services under contractual arrangements (but without
+being employed by the chief officer of a police force), to assist that force in
+relation to the discharge of its chief officer’s functions
+whether or not they are on duty at the time.
+Note: Paragraph 1.5 extends this Note to the person called to fulfil the role of the
+appropriate adult for a 17-year old detainee for the purposes of paragraph 17.7.
+ANNEX A INTIMATE AND STRIP SEARCHES
+A Intimate search
+. An intimate search consists of the physical examination of a person's body orifices other
+than the mouth. The intrusive nature of such searches means the actual and potential risks
+associated with intimate searches must never be underestimated.
+(a) Action
+. Body orifices other than the mouth may be searched only:
+(a) if authorised by an officer of inspector rank or above who has reasonable grounds for
+believing that the person may have concealed on themselves:
+(i) anything which they could and might use to cause physical injury to themselves
+or others at the station; or
+(ii) a Class A drug which they intended to supply to another or to export;
+and the officer has reasonable grounds for believing that an intimate search is the only
+means of removing those items; and
+(b) if the search is under paragraph 2(a)(ii) (a drug offence search), the detainee’s
+appropriate consent has been given in writing.
+A. Before the search begins, a police officer or designated detention officer, must tell the
+detainee:-
+(a) that the authority to carry out the search has been given;
+(b) the grounds for giving the authorisation and for believing that the article cannot be
+removed without an intimate search.
+B. Before a detainee is asked to give appropriate consent to a search under paragraph 2(a)(ii)
+(a drug offence search) they must be warned that if they refuse without good cause their
+refusal may harm their case if it comes to trial, see Note A6. This warning may be given by
+a police officer or member of police staff. In the case of juveniles, mentally vulnerable or
+mentally disordered suspects, the seeking and giving of consent must take place in the
+presence of the appropriate adult. A juvenile’s consent 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 sufficient in its own right. A detainee who is not legally represented
+must be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5,
+and the reminder noted in the custody record.
+. An intimate search may only be carried out by a registered medical practitioner or
+registered nurse, unless an officer of at least inspector rank considers this is not practicable
+and the search is to take place under paragraph 2(a)(i), in which case a police officer may
+carry out the search. See Notes A1 to A5.
+A. Any proposal for a search under paragraph 2(a)(i) to be carried out by someone other than
+a registered medical practitioner or registered nurse must only be considered as a last
+resort and when the authorising officer is satisfied the risks associated with allowing the
+item to remain with the detainee outweigh the risks associated with removing it. See Notes
+A1 to A5.
+. An intimate search under:
+paragraph 2(a)(i) may take place only at a hospital, surgery, other medical premises or
+police station;
+paragraph 2(a)(ii) may take place only at a hospital, surgery or other medical premises
+and must be carried out by a registered medical practitioner or a registered nurse.
+. An intimate search at a police station of a juvenile or mentally disordered or otherwise
+mentally vulnerable person may take place only in the presence of an appropriate adult of
+the same sex (see Annex L), unless the detainee specifically requests a particular adult of
+the opposite sex who is readily available. In the case of a juvenile, the search may take
+place in the absence of the appropriate adult only if the juvenile signifies in the presence of
+the appropriate adult they do not want the adult present during the search and the adult
+agrees. A record shall be made of the juvenile's decision and signed by the appropriate
+adult.
+. When an intimate search under paragraph 2(a)(i) is carried out by a police officer, the
+officer must be of the same sex as the detainee (see Annex L). A minimum of two people,
+other than the detainee, must be present during the search. Subject to paragraph 5, no
+person of the opposite sex who is not a medical practitioner or nurse shall be present, nor
+shall anyone whose presence is unnecessary. The search shall be conducted with proper
+regard to the sensitivity and vulnerability of the detainee.
+(b) Documentation
+. In the case of an intimate search, the following shall be recorded as soon as practicable in
+the detainee’s custody record:
+(a) for searches under paragraphs 2(a)(i) and (ii);
+the authorisation to carry out the search;
+the grounds for giving the authorisation;
+the grounds for believing the article could not be removed without an intimate
+search;
+which parts of the detainee’s body were searched;
+who carried out the search;
+who was present;
+the result.
+(b) for searches under paragraph 2(a)(ii):
+the giving of the warning required by paragraph 2B;
+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).
+. If an intimate search is carried out by a police officer, the reason why it was impracticable
+for a registered medical practitioner or registered nurse to conduct it must be recorded.
+B Strip search
+. A strip search is a search involving the removal of more than outer clothing. In this Code,
+outer clothing includes shoes and socks.
+(a) Action
+. A strip search may take place only if it is considered necessary to remove an article which a
+detainee would not be allowed to keep and the officer reasonably considers the detainee
+might have concealed such an article. Strip searches shall not be routinely carried out if
+there is no reason to consider that articles are concealed.
+The conduct of strip searches
+. When strip searches are conducted:
+(a) a police officer carrying out a strip search must be the same sex as the detainee (see
+Annex L);
+(b) the search shall take place in an area where the detainee cannot be seen by anyone
+who does not need to be present, nor by a member of the opposite sex (see Annex L)
+except an appropriate adult who has been specifically requested by the detainee;
+C
+Codes of practice – Code C Detention, treatment and questioning of persons by police officers
+(c) except in cases of urgency, where there is risk of serious harm to the detainee or to
+others, whenever a strip search involves exposure of intimate body parts, there must
+be at least two people present other than the detainee, and if the search is of a
+juvenile or mentally disordered or otherwise mentally vulnerable person, one of the
+people must be the appropriate adult. Except in urgent cases as above, a search of a
+juvenile may take place in the absence of the appropriate adult only if the juvenile
+signifies in the presence of the appropriate adult that they do not want the adult to be
+present during the search and the adult agrees. A record shall be made of the
+juvenile's decision and signed by the appropriate adult. The presence of more than
+two people, other than an appropriate adult, shall be permitted only in the most
+exceptional circumstances;
+(d) the search shall be conducted with proper regard to the sensitivity and vulnerability of
+the detainee in these circumstances and every reasonable effort shall be made to
+secure the detainee’s co-operation and minimise embarrassment. Detainees who are
+searched shall not normally be required to remove all their clothes at the same time,
+e.g. a person should be allowed to remove clothing above the waist and redress
+before removing further clothing;
+(e) if necessary to assist the search, the detainee may be required to hold their arms in
+the air or to stand with their legs apart and bend forward so a visual examination may
+be made of the genital and anal areas provided no physical contact is made with any
+body orifice;
+(f) if articles are found, the detainee shall be asked to hand them over. If articles are
+found within any body orifice other than the mouth, and the detainee refuses to hand
+them over, their removal would constitute an intimate search, which must be carried
+out as in Part A;
+(g) a strip search shall be conducted as quickly as possible, and the detainee allowed to
+dress as soon as the procedure is complete.
+(b) Documentation
+. A record shall be made on the custody record of a strip search including the reason it was
+considered necessary, those present and any result.
+Notes for Guidance
+A1 Before authorising any intimate search, the authorising officer must make every reasonable
+effort to persuade the detainee to hand the article over without a search. If the detainee
+agrees, a registered medical practitioner or registered nurse should whenever possible be
+asked to assess the risks involved and, if necessary, attend to assist the detainee.
+A2 If the detainee does not agree to hand the article over without a search, the authorising
+officer must carefully review all the relevant factors before authorising an intimate search.
+In particular, the officer must consider whether the grounds for believing an article may be
+concealed are reasonable.
+A3 If authority is given for a search under paragraph 2(a)(i), a registered medical practitioner or
+registered nurse shall be consulted whenever possible. The presumption should be that
+the search will be conducted by the registered medical practitioner or registered nurse and
+the authorising officer must make every reasonable effort to persuade the detainee to allow
+the medical practitioner or nurse to conduct the search.
+A4 A constable should only be authorised to carry out a search as a last resort and when all
+other approaches have failed. In these circumstances, the authorising officer must be
+satisfied the detainee might use the article for one or more of the purposes in paragraph
+(a)(i) and the physical injury likely to be caused is sufficiently severe to justify authorising a
+constable to carry out the search.
+A5 If an officer has any doubts whether to authorise an intimate search by a constable, the
+officer should seek advice from an officer of superintendent rank or above.
+C
+Codes of practice – Code C Detention, treatment and questioning of persons by police officers
+A6 In warning a detainee who is asked to consent to an intimate drug offence search, as in
+paragraph 2B, the following form of words may be used:
+“You do not have to allow yourself to be searched, but I must warn you that if you refuse
+without good cause, your refusal may harm your case if it comes to trial.”
+Where the use of the Welsh Language is appropriate, the following form of words may be
+used:
+“Nid oes rhaid i chi roi caniatâd i gael eich archwilio, ond mae'n rhaid i mi eich rhybuddio os
+gwrthodwch heb reswm da, y gallai eich penderfyniad i wrthod wneud niwed i'ch achos pe
+bai'n dod gerbron llys.”
+C
+Codes of practice – Code C Detention, treatment and questioning of persons by police officers
+ANNEX B DELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE
+A Persons detained under PACE
+. The exercise of the rights in Section 5 or Section 6, or both, may be delayed if the person is
+in police detention, as in PACE, section 118(2), in connection with an indictable offence,
+has not yet been charged with an offence and an officer of superintendent rank or above, or
+inspector rank or above only for the rights in Section 5, has reasonable grounds for
+believing their exercise will:
+(i) lead to:
+ interference with, or harm to, evidence connected with an indictable offence; or
+interference with, or physical harm to, other people; or
+(ii) lead to alerting other people suspected of having committed an indictable offence but
+not yet arrested for it; or
+(iii) hinder the recovery of property obtained in consequence of the commission of such
+an offence.
+. These rights may also be delayed if the officer has reasonable grounds to believe that:
+(i) the person detained for an indictable offence has benefited from their criminal conduct
+(decided in accordance with Part 2 of the Proceeds of Crime Act 2002); and
+(ii) the recovery of the value of the property constituting that benefit will be hindered by the
+exercise of either right.
+. Authority to delay a detainee’s right to consult privately with a solicitor may be given only if
+the authorising officer has reasonable grounds to believe the solicitor the detainee wants to
+consult will, inadvertently or otherwise, pass on a message from the detainee or act in
+some other way which will have any of the consequences specified under paragraphs 1 or
+. In these circumstances, the detainee must be allowed to choose another solicitor. See
+Note B3.
+. If the detainee wishes to see a solicitor, access to that solicitor may not be delayed on the
+grounds they might advise the detainee not to answer questions or the solicitor was initially
+asked to attend the police station by someone else. In the latter case, the detainee must be
+told the solicitor has come to the police station at another person's request, and must be
+asked to sign the custody record to signify whether they want to see the solicitor.
+. The fact the grounds for delaying notification of arrest may be satisfied does not
+automatically mean the grounds for delaying access to legal advice will also be satisfied.
+. These rights may be delayed only for as long as grounds exist and in no case beyond 36
+hours after the relevant time as in PACE, section 41. If the grounds cease to apply within
+this time, the detainee must, as soon as practicable, be asked if they want to exercise either
+right, the custody record must be noted accordingly, and action taken in accordance with
+the relevant section of the Code.
+. A detained person must be permitted to consult a solicitor for a reasonable time before any
+court hearing.
+B Not used
+C Documentation
+. The grounds for action under this Annex shall be recorded and the detainee informed of
+them as soon as practicable.
+. Any reply given by a detainee under paragraphs 6 or 11 must be recorded and the detainee
+asked to endorse the record in relation to whether they want to receive legal advice at this
+point.
+C
+Codes of practice – Code C Detention, treatment and questioning of persons by police officers
+D Cautions and special warnings
+. When a suspect detained at a police station is interviewed during any period for which
+access to legal advice has been delayed under this Annex, the court or jury may not draw
+adverse inferences from their silence.
+Notes for Guidance
+B1 Even if Annex B applies in the case of a juvenile, or a person who is mentally disordered or
+otherwise mentally vulnerable, action to inform the appropriate adult and the person
+responsible for a juvenile's welfare, if that is a different person, must nevertheless be taken
+as in paragraph 3.13 and 3.15.
+B2 In the case of Commonwealth citizens and foreign nationals, see Note 7A.
+B3 A decision to delay access to a specific solicitor is likely to be a rare occurrence and only
+when it can be shown the suspect is capable of misleading that particular solicitor and there
+is more than a substantial risk that the suspect will succeed in causing information to be
+conveyed which will lead to one or more of the specified consequences.
+ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND
+TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES
+(a) The restriction on drawing adverse inferences from silence
+. The Criminal Justice and Public Order Act 1994, sections 34, 36 and 37 as amended by the
+Youth Justice and Criminal Evidence Act 1999, section 58 describe the conditions under
+which adverse inferences may be drawn from a person’s failure or refusal to say anything
+about their involvement in the offence when interviewed, after being charged or informed
+they may be prosecuted. These provisions are subject to an overriding restriction on the
+ability of a court or jury to draw adverse inferences from a person’s silence. This restriction
+applies:
+(a) to any detainee at a police station, see Note 10C who, before being interviewed, see
+section 11 or being charged or informed they may be prosecuted, see section 16, has:
+(i) asked for legal advice, see section 6, paragraph 6.1;
+(ii) not been allowed an opportunity to consult a solicitor, including the duty solicitor,
+as in this Code; and
+(iii) not changed their mind about wanting legal advice, see section 6, paragraph
+.6(d).
+Note the condition in (ii) will:
+~ apply when a detainee who has asked for legal advice is interviewed before
+speaking to a solicitor as in section 6, paragraph 6.6(a) or (b);
+~ not apply if the detained person declines to ask for the duty solicitor, see section
+, paragraphs 6.6(c) and (d).
+(b) to any person charged with, or informed they may be prosecuted for, an offence who:
+(i) has had brought to their notice a written statement made by another person or
+the content of an interview with another person which relates to that offence, see
+section 16, paragraph 16.4;
+(ii) is interviewed about that offence, see section 16, paragraph 16.5; or
+(iii) makes a written statement about that offence, see Annex D paragraphs 4 and 9.
+(b) Terms of the caution when the restriction applies
+. When a requirement to caution arises at a time when the restriction on drawing adverse
+inferences from silence applies, the caution shall be:
+‘You do not have to say anything, but anything you do say may be given in evidence.’
+Where the use of the Welsh Language is appropriate, the caution may be used directly in
+Welsh in the following terms:
+‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych chi’n ei ddweud gael
+ei roi fel tystiolaeth.’
+. Whenever the restriction either begins to apply or ceases to apply after a caution has
+already been given, the person shall be re-cautioned in the appropriate terms. The
+changed position on drawing inferences and that the previous caution no longer applies
+shall also be explained to the detainee in ordinary language. See Note C2.
+Notes for Guidance
+C1 The restriction on drawing inferences from silence does not apply to a person who has not
+been detained and who therefore cannot be prevented from seeking legal advice if they
+want to, see paragraphs 10.2 and 3.21.
+C2 The following is suggested as a framework to help explain changes in the position on
+drawing adverse inferences if the restriction on drawing adverse inferences from silence:
+(a) begins to apply:
+‘The caution you were previously given no longer applies. This is because after that
+caution:
+(i) you asked to speak to a solicitor but have not yet been allowed an opportunity to
+speak to a solicitor. See paragraph 1(a); or
+(ii) you have been charged with/informed you may be prosecuted. See paragraph
+(b).
+‘This means that from now on, adverse inferences cannot be drawn at court and your
+defence will not be harmed just because you choose to say nothing. Please listen
+carefully to the caution I am about to give you because it will apply from now on. You
+will see that it does not say anything about your defence being harmed.’
+(b) ceases to apply before or at the time the person is charged or informed they may be
+prosecuted, see paragraph 1(a);
+‘The caution you were previously given no longer applies. This is because after that
+caution you have been allowed an opportunity to speak to a solicitor. Please listen
+carefully to the caution I am about to give you because it will apply from now on. It
+explains how your defence at court may be affected if you choose to say nothing.’
+ANNEX D WRITTEN STATEMENTS UNDER CAUTION
+(a) Written by a person under caution
+. A person shall always be invited to write down what they want to say.
+. A person who has not been charged with, or informed they may be prosecuted for, any
+offence to which the statement they want to write relates, shall:
+(a) unless the statement is made at a time when the restriction on drawing adverse
+inferences from silence applies, see Annex C, be asked to write out and sign the
+following before writing what they want to say:
+‘I make this statement of my own free will. I understand that I do not have to say
+anything but that it may harm my defence if I do not mention when questioned
+something which I later rely on in court. This statement may be given in evidence.’;
+(b) if the statement is made at a time when the restriction on drawing adverse inferences
+from silence applies, be asked to write out and sign the following before writing what
+they want to say;
+‘I make this statement of my own free will. I understand that I do not have to say
+anything. This statement may be given in evidence.’
+. When a person, on the occasion of being charged with or informed they may be prosecuted
+for any offence, asks to make a statement which relates to any such offence and wants to
+write it they shall:
+(a) unless the restriction on drawing adverse inferences from silence, see Annex C,
+applied when they were so charged or informed they may be prosecuted, be asked to
+write out and sign the following before writing what they want to say:
+‘I make this statement of my own free will. I understand that I do not have to say
+anything but that it may harm my defence if I do not mention when questioned
+something which I later rely on in court. This statement may be given in evidence.’;
+(b) if the restriction on drawing adverse inferences from silence applied when they were so
+charged or informed they may be prosecuted, be asked to write out and sign the
+following before writing what they want to say:
+‘I make this statement of my own free will. I understand that I do not have to say
+anything. This statement may be given in evidence.’
+. When a person who has already been charged with or informed they may be prosecuted for
+any offence asks to make a statement which relates to any such offence and wants to write
+it, they shall be asked to write out and sign the following before writing what they want to
+say:
+‘I make this statement of my own free will. I understand that I do not have to say anything.
+This statement may be given in evidence.’;
+. Any person writing their own statement shall be allowed to do so without any prompting
+except a police officer or other police staff may indicate to them which matters are material
+or question any ambiguity in the statement.
+(b) Written by a police officer or other police staff
+. If a person says they would like someone to write the statement for them, a police officer, or
+other police staff shall write the statement.
+. If the person has not been charged with, or informed they may be prosecuted for, any
+offence to which the statement they want to make relates they shall, before starting, be
+asked to sign, or make their mark, to the following:
+(a) unless the statement is made at a time when the restriction on drawing adverse
+inferences from silence applies, see Annex C:
+‘I, ., wish to make a statement. I want someone to write down what I
+say. I understand that I do not have to say anything but that it may harm my defence if I
+do not mention when questioned something which I later rely on in court. This statement
+may be given in evidence.’;
+(b) if the statement is made at a time when the restriction on drawing adverse inferences
+from silence applies:
+‘I, ., wish to make a statement. I want someone to write down what I
+say. I understand that I do not have to say anything. This statement may be given in
+evidence.’
+. If, on the occasion of being charged with or informed they may be prosecuted for any
+offence, the person asks to make a statement which relates to any such offence they shall
+before starting be asked to sign, or make their mark to, the following:
+(a) unless the restriction on drawing adverse inferences from silence applied, see Annex
+C, when they were so charged or informed they may be prosecuted:
+‘I, ., wish to make a statement. I want someone to write down what I
+say. I understand that I do not have to say anything but that it may harm my defence if
+I do not mention when questioned something which I later rely on in court. This
+statement may be given in evidence.’;
+(b) if the restriction on drawing adverse inferences from silence applied when they were
+so charged or informed they may be prosecuted:
+‘I, ., wish to make a statement. I want someone to write down what I
+say. I understand that I do not have to say anything. This statement may be given in
+evidence.’
+. If, having already been charged with or informed they may be prosecuted for any offence, a
+person asks to make a statement which relates to any such offence they shall before
+starting, be asked to sign, or make their mark to:
+‘I, ., wish to make a statement. I want someone to write down what I say. I
+understand that I do not have to say anything. This statement may be given in evidence.’
+. The person writing the statement must take down the exact words spoken by the person
+making it and must not edit or paraphrase it. Any questions that are necessary, e.g. to
+make it more intelligible, and the answers given must be recorded at the same time on the
+statement form.
+. When the writing of a statement is finished the person making it shall be asked to read it
+and to make any corrections, alterations or additions they want. When they have finished
+reading they shall be asked to write and sign or make their mark on the following certificate
+at the end of the statement:
+‘I have read the above statement, and I have been able to correct, alter or add anything I
+wish. This statement is true. I have made it of my own free will.’
+. If the person making the statement cannot read, or refuses to read it, or to write the above
+mentioned certificate at the end of it or to sign it, the person taking the statement shall read
+it to them and ask them if they would like to correct, alter or add anything and to put their
+signature or make their mark at the end. The person taking the statement shall certify on
+the statement itself what has occurred.
+ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND
+OTHERWISE MENTALLY VULNERABLE PEOPLE
+. If an officer has any suspicion, or is told in good faith, that a person of any age may be
+mentally disordered or otherwise mentally vulnerable, or mentally incapable of
+understanding the significance of questions or their replies that person shall be treated as
+mentally disordered or otherwise mentally vulnerable for the purposes of this Code. See
+paragraph 1.4 and Note E4
+. In the case of a person who is mentally disordered or otherwise mentally vulnerable, ‘the
+appropriate adult’ means:
+(a) a relative, guardian or other person responsible for their care or custody;
+(b) someone experienced in dealing with mentally disordered or mentally vulnerable
+people but who is not a police officer or employed by the police;
+(c) failing these, some other responsible adult aged 18 or over who is not a police officer
+or employed by the police.
+See paragraph 1.7(b) and Note 1D.
+. If the custody officer authorises the detention of a person who is mentally vulnerable or
+appears to be suffering from a mental disorder, the custody officer must as soon as
+practicable inform the appropriate adult of the grounds for detention and the person’s
+whereabouts, and ask the adult to come to the police station to see them. If the appropriate
+adult:
+is already at the station when information is given as in paragraphs 3.1 to 3.5 the
+information must be given in their presence;
+is not at the station when the provisions of paragraph 3.1 to 3.5 are complied with these
+provisions must be complied with again in their presence once they arrive.
+See paragraphs 3.15 to 3.17
+. If the appropriate adult, having been informed of the right to legal advice, considers legal
+advice should be taken, the provisions of section 6 apply as if the mentally disordered or
+otherwise mentally vulnerable person had requested access to legal advice. See
+paragraphs 3.19, 6.5A and Note E1.
+. The custody officer must make sure a person receives appropriate clinical attention as soon
+as reasonably practicable if the person appears to be suffering from a mental disorder or in
+urgent cases immediately call the nearest appropriate healthcare professional or an
+ambulance. It is not intended these provisions delay the transfer of a detainee to a place of
+safety under the Mental Health Act 1983, section 136 if that is applicable. If an assessment
+under that Act is to take place at a police station, the custody officer must consider whether
+an appropriate healthcare professional should be called to conduct an initial clinical check
+on the detainee. See paragraph 9.5 and 9.6
+. It is imperative a mentally disordered or otherwise mentally vulnerable person detained
+under the Mental Health Act 1983, section 136 be assessed as soon as possible. A police
+station should only be used as a place of safety as a last resort but if that assessment is to
+take place at the police station, an approved social worker and registered medical
+practitioner shall be called to the station as soon as possible to carry it out. Once the
+detainee has been assessed and suitable arrangements been made for their treatment or
+care, they can no longer be detained under section 136. A detainee should be immediately
+discharged from detention if a registered medical practitioner having examined them,
+concludes they are not mentally disordered within the meaning of the Act. See paragraph
+.16.
+. If a mentally disordered or otherwise mentally vulnerable person is cautioned in the
+absence of the appropriate adult, the caution must be repeated in the appropriate adult’s
+presence. See paragraph 10.12.
+. A mentally disordered or otherwise mentally vulnerable person must not be interviewed or
+asked to provide or sign a written statement in the absence of the appropriate adult unless
+the provisions of paragraphs 11.1 or 11.18 to 11.20 apply. Questioning in these
+circumstances may not continue in the absence of the appropriate adult once sufficient
+information to avert the risk has been obtained. A record shall be made of the grounds for
+any decision to begin an interview in these circumstances. See paragraphs 11.1, 11.15
+and 11.18 to 11.20.
+. If the appropriate adult is present at an interview, they shall be informed they are not
+expected to act simply as an observer and the purposes of their presence are to:
+ advise the interviewee;
+observe whether or not the interview is being conducted properly and fairly;
+facilitate communication with the interviewee.
+See paragraph 11.17
+. If the detention of a mentally disordered or otherwise mentally vulnerable person is
+reviewed by a review officer or a superintendent, the appropriate adult must, if available at
+the time, be given an opportunity to make representations to the officer about the need for
+continuing detention. See paragraph 15.3.
+. 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
+evidence for a prosecution this must be carried out in the presence of the appropriate adult
+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
+. 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
+detainee specifically requests the presence of a particular adult of the opposite sex. A strip
+search may take place in the absence of an appropriate adult only in cases of urgency
+when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5
+and 11(c).
+. 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.
+See paragraph 8.2.
+Notes for Guidance
+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
+understand the significance of what is said to them. A mentally disordered or otherwise
+mentally vulnerable detained person should always be given an opportunity, when an
+appropriate adult is called to the police station, to consult privately with a solicitor in the
+absence of the appropriate adult if they want.
+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
+particularly prone in certain circumstances to provide information that may be unreliable,
+misleading or self-incriminating. Special care should always be taken when questioning
+such a person, and the appropriate adult should be involved if there is any doubt about a
+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.
+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
+discretion to authorise the commencement of an interview in the appropriate adult’s
+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.
+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
+presence is not required.
+ANNEX F Not used
+ANNEX G FITNESS TO BE INTERVIEWED
+. This Annex contains general guidance to help police officers and healthcare professionals
+assess whether a detainee might be at risk in an interview.
+. 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
+state;
+(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
+considered unreliable in subsequent court proceedings because of their physical or
+mental state.
+. 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
+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
+whether they want to say anything;
+(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
+involvement in the offence;
+(c) how the nature of the interview, which could include particularly probing questions,
+might affect the detainee.
+. 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
+person with severe mental illness to be fit for interview.
+. 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
+interview lasts beyond a specified time, and whether a further specialist opinion may be
+required.
+. When healthcare professionals identify risks they should be asked to quantify the risks.
+They should inform the custody officer:
+whether the person’s condition:
+~ is likely to improve;
+~ will require or be amenable to treatment; and
+indicate how long it may take for such improvement to take effect.
+. 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
+and any advice or recommendations should be made in writing and form part of the custody
+record.
+. 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
+interview is to proceed, to determine what safeguards are needed. Nothing prevents
+safeguards being provided in addition to those required under the Code. An example might
+be to have an appropriate healthcare professional present during the interview, in addition
+to an appropriate adult, in order constantly to monitor the person’s condition and how it is
+being affected by the interview.
+ANNEX H DETAINED PERSON: OBSERVATION LIST
+. If any detainee fails to meet any of the following criteria, an appropriate healthcare
+professional or an ambulance must be called.
+. When assessing the level of rousability, consider:
+Rousability - can they be woken?
+go into the cell
+call their name
+shake gently
+Response to questions - can they give appropriate answers to questions such as:
+What’s your name?
+Where do you live?
+Where do you think you are?
+Response to commands - can they respond appropriately to commands such as:
+Open your eyes!
+Lift one arm, now the other arm!
+. 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
+following:
+Diabetes
+Epilepsy
+Head injury
+Drug intoxication or overdose
+Stroke
+ANNEX I Not used
+ANNEX J Not used
+ANNEX K X-RAYS AND ULTRASOUND SCANS
+(a) Action
+. 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:
+(a) authorised by an officer of inspector rank or above who has reasonable grounds for
+believing that the detainee:
+(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
+another or to export; and
+(b) the detainee’s appropriate consent has been given in writing.
+. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated
+detention officer must tell the detainee:-
+(a) that the authority has been given; and
+(b) the grounds for giving the authorisation.
+. 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
+case if it comes to trial, see Notes K1 and K2. This warning may be given by a police
+officer or member of police staff. In the case of juveniles, mentally vulnerable or mentally
+disordered suspects the seeking and giving of consent must take place in the presence of
+the appropriate adult. A juvenile’s consent 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 sufficient in its own right. A detainee who is not legally represented must be
+reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the
+reminder noted in the custody record.
+. 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
+premises.
+(b) Documentation
+. 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);
+(b) the grounds for giving the authorisation;
+(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
+if refused, the reason given for the refusal (if any); and
+(e) if an x-ray is taken or an ultrasound scan carried out:
+where it was taken or carried out;
+who took it or carried it out;
+ who was present;
+the result.
+Not used.
+Notes for Guidance
+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
+registered nurse to explain to the detainee what is involved and to allay any concerns the
+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
+may, if the case comes to trial, be relevant to determining whether the detainee had a good
+cause for refusing.
+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
+used:
+“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
+harm your case if it comes to trial.”
+Where the use of the Welsh Language is appropriate, the following form of words may be
+provided in Welsh:
+“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
+da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.”
+ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
+. 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
+the person subject to the search or other procedure. See Note L1.
+. 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
+with transgender individuals (including transsexual persons) and transvestite persons (see
+Notes L2, L3 and L4).
+(a) Consideration
+. 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
+Gender Recognition Act 2004 (GRA), in which case the person's gender is their acquired
+gender. This means that if the acquired gender is the male gender, the person’s sex
+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.
+. 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
+designed to minimise embarrassment and secure the person’s co-operation should be
+followed:
+(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
+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
+as to whether the person should be treated, or continue to be treated, as being male
+or female:
+(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
+asked to indicate and confirm their preference by signing the custody record or,
+if a custody record has not been opened, the search record or the officer’s
+notebook. Subject to (ii) below, the person should be treated according to their
+preference;
+(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
+but documents and other information make it clear that they live predominantly
+as a man, or vice versa, they should be treated according to what appears to be
+their predominant lifestyle and not their stated preference;
+(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
+such. For example, if they appear to live predominantly as a woman, they
+should be treated as being female; or
+(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.
+. 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
+search or procedure starts of any doubts as to the person's gender and the person
+informed that the doubts have been disclosed. This is important so as to maintain the
+dignity of the person and any officers concerned.
+(b) Documentation
+. 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
+record or in the officer’s notebook.
+. Where the person elects which gender they consider themselves to be under paragraph
+(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason
+must be recorded in the search record, in the officer’s notebook or, if applicable, in the
+person’s custody record.
+(c) Disclosure of information
+. 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
+information’. Nothing in this Annex is to be read as authorising or permitting any police
+officer or any police staff who has acquired such information when acting in their official
+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.
+Notes for Guidance
+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
+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 D; paragraph 5.5 and Note 5F (searches, examinations and photographing of
+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
+intimate searches under sections 54 and 55 of PACE of persons arrested under section
+of the Terrorism Act 2000).
+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
+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.
+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
+protected characteristic under the Equality Act 2010 (see paragraph 1.0), by changing
+physiological or other attributes of their sex. This includes aspects of gender such as dress
+and title. It would apply to a woman making the transition to being a man and a man
+making the transition to being a woman, as well as to a person who has only just started out
+on the process of gender reassignment and to a person who has completed the process.
+Both would share the characteristic of gender reassignment with each having the
+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
+opposite gender. However, a transvestite does not live permanently in the gender opposite
+to their birth sex.
+L5 Chief officers are responsible for providing corresponding operational guidance and
+instructions for the deployment of transgender officers and staff under their direction and
+control to duties which involve carrying out, or being present at, any of the searches and
+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.
+ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED
+. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of
+October 2010 and this Code, essential documents comprise records required to be
+made in accordance with this Code which are relevant to decisions to deprive a person of
+their liberty, to any charge and to any record considered necessary to enable a detainee to
+defend themselves in criminal proceedings and to safeguard the fairness of the
+proceedings. Passages of essential documents which are not relevant need not be
+translated. See Note M1
+. 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
+paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
+Table of essential documents:
+ESSENTIAL DOCUMENTS FOR THE PURPOSES
+OF THIS CODE
+WHEN TRANSLATION
+TO BE CREATED
+WHEN TRANSLATION
+TO BE PROVIDED.
+(i) The grounds for each of the following authorisations
+to keep the person in custody as they are described
+and referred to in the custody record:
+(a) Authorisation for detention before and after
+charge given by the custody officer and by the
+review officer, see Code C paragraphs 3.4 and
+.16(a).
+(b) Authorisation to extend detention without charge
+beyond 24 hours given by a superintendent, see
+Code C paragraph 15.16(b).
+(c) A warrant of further detention issued by a
+magistrates’ court and any extension(s) of the
+warrant, see Code C paragraph 15.16(c).
+(d) An authority to detain in accordance with the
+directions in a warrant of arrest issued in
+connection with criminal proceedings including
+the court issuing the warrant.
+As soon as practicable
+after each authorisation
+has been recorded in
+the custody record.
+As soon as practicable
+after the translation has
+been created, whilst the
+person is detained or
+after they have been
+released (see Note M3).
+(ii) Written notice showing particulars of the offence
+charged required by Code C paragraph 16.3 or the
+offence for which the suspect has been told they may
+be prosecuted.
+As soon as practicable after the person has been
+charged or reported.
+(iii) Written interview records:
+Code C11.11, 13.3, 13.4 & Code E4.7
+Written statement under caution:
+Code C Annex D.
+To be created contemporaneously by the interpreter for the person to check and sign.
+As soon as practicable after the person has been charged or told they may be prosecuted.
+. 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
+translation. Such an oral translation or summary may only be provided if it would not
+prejudice the fairness of the proceedings by in any way adversely affecting or otherwise
+undermining or limiting the ability of the suspect in question to understand their position and
+to communicate effectively with police officers, interviewers, solicitors and appropriate
+adults with regard to their detention and the investigation of the offence in question and to
+defend themselves in the event of criminal proceedings. The quantity and complexity of the
+information in the document should always be considered and specific additional
+consideration given if the suspect is mentally disordered or otherwise mentally vulnerable or
+is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded
+(see paragraph 13.11(e))
+. 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
+receiving legal advice or having full knowledge of the consequences and give their
+unconditional and fully informed consent in writing (see paragraph 9).
+. 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
+whether they wish to speak to a solicitor.
+. 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.
+See Notes M2 and M3.
+. For the purpose of the waiver:
+(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
+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.
+(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
+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
+adult (who may or may not be a parent or guardian).
+. 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
+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.
+. If the custody officer has any doubts about
+providing an oral translation or summary of an essential document instead of a written
+translation (see paragraph 3);
+whether the suspect fully understands the consequences of waiving their right to a
+written translation of an essential document (see paragraph 4), or
+about refusing to provide a translation of a requested document (see paragraph 7),
+the officer should seek advice from an inspector or above.
+Documentation
+. 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)).
+Notes for Guidance
+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
+enabling the suspect to fabricate an innocent explanation or to conceal lies from the
+interviewer.
+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
+time taken to complete the interview, might be reduced:
+if they do not ask for legal advice before deciding whether they wish to waive their right
+to a written translation of an essential document; or
+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
+and provide a written translation of any essential document.
+-- ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) --
+Part 1: When the physical presence of the interpreter is not required.
+. 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
+used, unless the physical presence of the interpreter is required in order to safeguard the
+fairness of the proceedings.” This Article permits, but does not require the use of a live-link,
+and the following provisions of this Annex determine whether the use of a live-link is
+appropriate in any particular case.
+. 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
+decision must take account of the age, gender and vulnerability of the suspect, the nature
+and circumstances of the offence and the investigation and the impact on the suspect
+according to the particular purpose(s) for which the suspect requires the assistance of an
+interpreter and the time(s) when that assistance is required (see Note N1). For this reason,
+the custody officer in the case of a detained suspect, or in the case of a suspect who has not
+been arrested, the interviewer (subject to paragraph 13.1(b)), must consider whether the
+ability of the particular suspect, to communicate confidently and effectively for the purpose in
+question (see paragraph 3) is likely to be adversely affected or otherwise undermined or
+limited if the interpreter is not physically present and live-link interpretation is used. Although
+a suspect for whom an appropriate adult is required may be more likely to be adversely
+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.
+. Examples of purposes referred to in paragraph 2 include:
+(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,
+in particular, include:
+the caution (see paragraphs C10.1 and 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).
+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).
+their rights and entitlements (see paragraph 3.12 and C3.21(b)).
+intimate and non-intimate searches of detained persons at police stations.
+provisions and procedures to which Code D (Identification) applies concerning, for
+example, eye-witness identification, taking fingerprints, samples and photographs.
+(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
+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
+paragraphs 3.18, 13.2A, 13.6 and 13.9):
+(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.
+(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
+appropriate healthcare professionals (see section 9 of this Code), Independent Custody
+Visitors and drug arrest referral workers.
+. 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
+would not adversely affect or otherwise undermine or limit the suspect’s ability to
+communicate confidently and effectively for that purpose, they must so inform the suspect,
+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
+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
+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,
+they may make representations to the custody officer or the interviewer that its operation
+should cease and that the physical presence of an interpreter should be arranged.
+When the authority of an inspector is required
+. 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
+interpreter arranged, and the custody officer or interviewer (subject to paragraph 13.1(b)) is
+unable to allay the concerns raised, live-link interpretation may not be used, or (as the case
+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.
+. 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
+decision, the officer must have regard to:
+(a) the circumstances of the suspect;
+(b) the nature and seriousness of the offence;
+(c) the requirements of the investigation, including its likely impact on both the suspect and
+any victim(s);
+(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)
+(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
+(f) the risk if the interpreter is not physically present, evidence obtained using link
+interpretation might be excluded in subsequent criminal proceedings; and
+(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.
+. 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
+the interview. The audio recording required by that Code is sufficient. However, the
+authorising officer, in consultation with the officer in charge of the investigation, may direct
+that the interview is conducted and recorded in accordance with Code F. This will require the
+visual record to show the live-link interpretation arrangements and the interpreter as seen
+and experienced by the suspect during the interview. This should be considered if it appears
+that the admissibility of interview evidence might be challenged because the interpreter was
+not physically present or if the suspect, solicitor or appropriate adult make representations
+that Code F should be applied.
+Documentation
+. 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
+paragraphs 4 and 7.
+Part 2: Modifications for live-link interpretation
+. The following modification shall apply for the purposes of live-link interpretation:
+(a) Code C paragraph 13.3:
+For the third sentence, substitute: “A clear legible copy of the complete record shall be
+sent without delay via the live-link to the interviewer. The interviewer, after confirming
+with the suspect that the copy is legible and complete, shall allow the suspect to read
+the record, or have the record read to them by the interpreter and to sign the copy as
+correct or indicate the respects in which they consider it inaccurate. The interviewer is
+responsible for ensuring that that the signed copy and the original record made by the
+interpreter are retained with the case papers for use in evidence if required and must
+advise the interpreter of their obligation to keep the original record securely for that
+purpose.”;
+(b) Code C paragraph 13.4:
+For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall
+be sent without delay via the live-link to the interviewer. The interviewer, after
+confirming with the suspect that the copy is legible and complete, shall invite the
+suspect to sign it. The interviewer is responsible for ensuring that that the signed copy
+and the original record made by the interpreter are retained with the case papers for
+use in evidence if required and must advise the interpreter of their obligation to keep the
+original record securely for that purpose.”;
+(c) Code C paragraph 13.7:
+After the first sentence, insert: “A clear legible copy of the certified record must be sent
+without delay via the live-link to the interviewer. The interviewer is responsible for
+ensuring that the original certified record and the copy are retained with the case papers
+for use as evidence if required and must advise the interpreter of their obligation to keep
+the original record securely for that purpose.”
+(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
+operation of live-link interpretation shall be explained and demonstrated to the suspect,
+their solicitor and appropriate adult, unless it has been previously explained and
+demonstrated (see Code C Annex N paragraph 4).”
+(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
+should ask the interpreter to observe the removal and sealing of the master recording
+and to confirm in writing that they have seen it sealed and signed by the interviewer. A
+clear legible copy of the confirmation signed by the interpreter must be sent via the livelink
+to the interviewer. The interviewer is responsible for ensuring that the original
+confirmation and the copy are retained with the case papers for use in evidence if
+required and must advise the interpreter of their obligation to keep the original
+confirmation securely for that purpose.”
+-- Notes for Guidance --
+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
+interpreter is physically present or audio-visual live-link interpretation becomes available. A
+particular example would be the initial action required when a detained suspect arrives at a
+police station to inform them of, and to explain, the reasons for their arrest and detention
+and their various rights and entitlements. Another example would be to inform the suspect
+by telephone, that an interpreter they will be able to see and hear is being arranged. In
+these circumstances, telephone live-link interpretation may help to allay the suspect’s
+concerns and contribute to the completion of the risk assessment (see Code C paragraph
+.6).
+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
+may have.
+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.
+www.tso.co.uk
+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.
+Copies of the Codes issued under the Police and Criminal Evidence Act 1984
+must be readily available in all police stations for consultation by police officers,
+detained people and members of the public.

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