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====== PACE CODE C ====== | ====== PACE CODE C ====== | ||
- | CODE C | + | CODE C |
February 2017 | February 2017 | ||
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detention, e.g. those brought to a police station under arrest or arrested at a police station | detention, e.g. those brought to a police station under arrest or arrested at a police station | ||
for an offence after going there voluntarily. | for an offence after going there voluntarily. | ||
- | |||
- | 8 | ||
1.11 No part of this Code applies to a detained person: | 1.11 No part of this Code applies to a detained person: | ||
Line 450: | Line 449: | ||
2.1A When a person: | 2.1A When a person: | ||
is brought to a police station under arrest | is brought to a police station under arrest | ||
- | is arrested at the police station having attended there voluntarily or | + | is arrested at the police station having attended there voluntarily or attends a police station to answer bail they must be brought before the custody officer as soon as practicable after their arrival at |
- | attends a police station to answer bail | + | |
- | they must be brought before the custody officer as soon as practicable after their arrival at | + | |
the station or if applicable, following their arrest after attending the police station voluntarily. | the station or if applicable, following their arrest after attending the police station voluntarily. | ||
This applies to both designated and non-designated police stations. A person is deemed to | This applies to both designated and non-designated police stations. A person is deemed to | ||
Line 474: | Line 471: | ||
time and reason for transfer; | time and reason for transfer; | ||
time a person is released from detention. | time a person is released from detention. | ||
+ | |||
2.3A If a person is arrested and taken to a police station as a result of a search in the exercise of | 2.3A 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 | any stop and search power to which PACE Code A (Stop and search) or the ‘search | ||
Line 484: | Line 482: | ||
record or any other provisions of section 2 (Custody records) of this Code. (See Code A | 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). | paragraph 4.2B and the TACT search powers code paragraph 5.3.5). | ||
+ | |||
2.4 The detainee’s solicitor and appropriate adult must be permitted to inspect the whole of the | 2.4 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 | detainee’s custody record as soon as practicable after their arrival at the station and at any | ||
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officer’s duties. A record shall be made when access is allowed and whether it includes the | 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. | records described in sub-paragraphs (a) and (b) above. | ||
+ | |||
2.4A When a detainee leaves police detention or is taken before a court they, their legal | 2.4A 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 | 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. | as soon as practicable. This entitlement lasts for 12 months after release. | ||
+ | |||
2.5 The detainee, appropriate adult or legal representative shall be permitted to inspect the | 2.5 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 | 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 | reasonable notice of their request. Any such inspection shall be noted in the custody | ||
record. | record. | ||
+ | |||
2.6 Subject to paragraph 2.6A, all entries in custody records must be timed and signed by the | 2.6 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 | maker. Records entered on computer shall be timed and contain the operator’s | ||
identification. | identification. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 12 | + | |
2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or | 2.6A Nothing in this Code requires the identity of officers or other police staff to be recorded or | ||
disclosed: | disclosed: | ||
+ | |||
(a) Not used. | (a) Not used. | ||
+ | |||
(b) if the officer or police staff reasonably believe recording or disclosing their name might | (b) if the officer or police staff reasonably believe recording or disclosing their name might | ||
put them in danger. | put them in danger. | ||
In these cases, they shall use their warrant or other identification numbers and the name of | In these cases, they shall use their warrant or other identification numbers and the name of | ||
their police station. See Note 2A. | their police station. See Note 2A. | ||
+ | |||
+ | |||
2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in | 2.7 The fact and time of any detainee’s refusal to sign a custody record, when asked in | ||
accordance with this Code, must be recorded. | accordance with this Code, must be recorded. | ||
Note for Guidance | Note for Guidance | ||
+ | |||
2A The purpose of paragraph 2.6A(b) is to protect those involved in serious organised crime | 2A 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 | 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 | 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. | cases of doubt, an officer of inspector rank or above should be consulted. | ||
+ | |||
3 Initial action | 3 Initial action | ||
+ | |||
(a) Detained persons - normal procedure | (a) Detained persons - normal procedure | ||
+ | |||
3.1 When a person is brought to a police station under arrest or arrested at the station having | 3.1 When a person is brought to a police station under arrest or arrested at the station having | ||
gone there voluntarily, the custody officer must make sure the person is told clearly about: | gone there voluntarily, the custody officer must make sure the person is told clearly about: | ||
+ | |||
(a) the following continuing rights, which may be exercised at any stage during the period | (a) the following continuing rights, which may be exercised at any stage during the period | ||
in custody: | in custody: | ||
+ | |||
(i) their right to consult privately with a solicitor and that free independent legal | (i) their right to consult privately with a solicitor and that free independent legal | ||
advice is available as in section 6; | advice is available as in section 6; | ||
+ | |||
(ii) their right to have someone informed of their arrest as in section 5; | (ii) their right to have someone informed of their arrest as in section 5; | ||
+ | |||
(iii) their right to consult the Codes of Practice (see Note 3D); and | (iii) their right to consult the Codes of Practice (see Note 3D); and | ||
+ | |||
(iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and | (iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and | ||
their right to communicate with their High Commission, Embassy or Consulate | their right to communicate with their High Commission, Embassy or Consulate | ||
(see paragraph 3.12A). | (see paragraph 3.12A). | ||
+ | |||
(b) their right to be informed about the offence and (as the case may be) any further | (b) their right to be informed about the offence and (as the case may be) any further | ||
offences for which they are arrested whilst in custody and why they have been | offences for which they are arrested whilst in custody and why they have been | ||
arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this | arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this | ||
Code and paragraph 3.3 of Code G. | Code and paragraph 3.3 of Code G. | ||
+ | |||
+ | |||
3.2 The detainee must also be given a written notice, which contains information: | 3.2 The detainee must also be given a written notice, which contains information: | ||
(a) to allow them to exercise their rights by setting out: | (a) to allow them to exercise their rights by setting out: | ||
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being charged, when detention must be reviewed and when release is required; | 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; | (vii) their right to medical assistance in accordance with section 9 of this Code; | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 13 | ||
(viii) their right, if they are prosecuted, to have access to the evidence in the case | (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 | before their trial in accordance with the Criminal Procedure and Investigations | ||
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exercise when practicable. | exercise when practicable. | ||
See Note 3A. | See Note 3A. | ||
+ | |||
3.2A The detainee must be given an opportunity to read the notice and shall be asked to sign the | 3.2A 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 | custody record to acknowledge receipt of the notice. Any refusal to sign must be recorded | ||
on the custody record. | on the custody record. | ||
+ | |||
3.3 Not used. | 3.3 Not used. | ||
+ | |||
3.3A An ‘easy read’ illustrated version should also be provided if available (see Note 3A). | 3.3A An ‘easy read’ illustrated version should also be provided if available (see Note 3A). | ||
- | 3.4 (a) The custody officer shall: | + | |
+ | 3.4 | ||
+ | (a) The custody officer shall: | ||
record the offence(s) that the detainee has been arrested for and the reason(s) | 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 | for the arrest on the custody record. See paragraph 10.3 and Code G | ||
- | paragraphs 2.2 and 4.3; | + | paragraphs 2.2 and 4.3; note on the custody record any comment the detainee makes in relation to the |
- | 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 | 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 | not physically present when the detainee is brought to a police station, the | ||
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grounds for their detention before they are questioned about any offence; | 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 | note any comment the detainee makes in respect of the decision to detain them | ||
- | but shall not invite comment; | + | 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 |
- | 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 | 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 | exchange is likely to constitute an interview as in paragraph 11.1A and require | ||
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detention which come to light whilst the person is detained. | detention which come to light whilst the person is detained. | ||
See paragraph 11.13 in respect of unsolicited comments. | See paragraph 11.13 in respect of unsolicited comments. | ||
+ | |||
(b) Documents and materials which are essential to effectively challenging the | (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 | lawfulness of the detainee’s arrest and detention must be made available to the | ||
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purpose if they are capable of undermining the reasons and grounds which make | purpose if they are capable of undermining the reasons and grounds which make | ||
the detainee’s arrest and detention necessary. The decision about whether | the detainee’s arrest and detention necessary. The decision about whether | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 14 | ||
particular documents or materials must be made available for the purpose of this | particular documents or materials must be made available for the purpose of this | ||
requirement therefore rests with the custody officer who determines whether | requirement therefore rests with the custody officer who determines whether | ||
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extensions of detention) and 16 (Charging detained persons). See Note 3ZA and | extensions of detention) and 16 (Charging detained persons). See Note 3ZA and | ||
paragraphs 15.0 and 16.7A. | paragraphs 15.0 and 16.7A. | ||
+ | |||
3.5 The custody officer or other custody staff as directed by the custody officer shall: | 3.5 The custody officer or other custody staff as directed by the custody officer shall: | ||
(a) ask the detainee whether at this time, they: | (a) ask the detainee whether at this time, they: | ||
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the custody officer who retains overall responsibility for the detainee’s care and treatment | 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. | and ensuring that it complies with this Code. See Note 3F. | ||
+ | |||
3.6 When the needs mentioned in paragraph 3.5(c) are being determined, the custody officer is | 3.6 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 | responsible for initiating an assessment to consider whether the detainee is likely to present | ||
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and risk to others and to confirming their identity should also be checked. Reasons for | 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. | delaying the initiation or completion of the assessment must be recorded. | ||
+ | |||
3.7 Chief officers should ensure that arrangements for proper and effective risk assessments | 3.7 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 | required by paragraph 3.6 are implemented in respect of all detainees at police stations in | ||
their area. | their area. | ||
+ | |||
3.8 Risk assessments must follow a structured process which clearly defines the categories of | 3.8 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. | risk to be considered and the results must be incorporated in the detainee’s custody record. | ||
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custody are appropriately briefed about the risks. If no specific risks are identified by the | 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. | assessment, that should be noted in the custody record. See Note 3E and paragraph 9.14. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 15 | + | |
3.8A The content of any risk assessment and any analysis of the level of risk relating to the | 3.8A 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 | person's detention is not required to be shown or provided to the detainee or any person | ||
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acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, if | acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, if | ||
to do so might put that person at risk. | to do so might put that person at risk. | ||
+ | |||
3.9 The custody officer is responsible for implementing the response to any specific risk | 3.9 The custody officer is responsible for implementing the response to any specific risk | ||
assessment, e.g.: | assessment, e.g.: | ||
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reducing the risk to those who come into contact with the detainee. | reducing the risk to those who come into contact with the detainee. | ||
See Note 3E. | See Note 3E. | ||
+ | |||
3.10 Risk assessment is an ongoing process and assessments must always be subject to review | 3.10 Risk assessment is an ongoing process and assessments must always be subject to review | ||
if circumstances change. | if circumstances change. | ||
+ | |||
3.11 If video cameras are installed in the custody area, notices shall be prominently displayed | 3.11 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 | showing cameras are in use. Any request to have video cameras switched off shall be | ||
refused. | refused. | ||
(b) Detained persons - special groups | (b) Detained persons - special groups | ||
+ | |||
3.12 If the detainee appears to be someone who does not speak or understand English or who | 3.12 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: | has a hearing or speech impediment, the custody officer must ensure: | ||
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to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note | to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note | ||
13B; | 13B; | ||
+ | |||
(b) that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), the | (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; | 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 | (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 | language the detainee understands and includes the right to interpretation and | ||
translation together with information about the provisions in section 13 and Annex M, | translation together with information about the provisions in section 13 and Annex M, | ||
which explain how the right applies (see Note 3A); and | 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 | (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. | given through an interpreter and a written translation provided without undue delay. | ||
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Embassy or Consulate set out in section 7. This right must be included in the written notice | 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. | given to the detainee in accordance with paragraph 3.2. | ||
+ | |||
3.13 If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the | 3.13 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: | identity of a person responsible for their welfare. That person: | ||
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being looked after under the Children Act 1989, a person appointed by that authority | being looked after under the Children Act 1989, a person appointed by that authority | ||
or organisation to have responsibility for the juvenile’s welfare; | or organisation to have responsibility for the juvenile’s welfare; | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 16 | ||
any other person who has, for the time being, assumed responsibility for the | any other person who has, for the time being, assumed responsibility for the | ||
juvenile’s welfare. | juvenile’s welfare. | ||
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have been arrested and where they are detained. This right is in addition to the | 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. | juvenile’s right in section 5 not to be held incommunicado. See Note 3C. | ||
+ | |||
3.14 If a juvenile is known to be subject to a court order under which a person or organisation is | 3.14 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, | given any degree of statutory responsibility to supervise or otherwise monitor them, | ||
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except for a curfew order which involves electronic monitoring when the contractor | except for a curfew order which involves electronic monitoring when the contractor | ||
providing the monitoring will normally be the responsible officer. | providing the monitoring will normally be the responsible officer. | ||
+ | |||
3.15 If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the | 3.15 If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the | ||
custody officer must, as soon as practicable: | custody officer must, as soon as practicable: | ||
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their whereabouts. | their whereabouts. | ||
ask the adult to come to the police station to see the detainee. | ask the adult to come to the police station to see the detainee. | ||
+ | |||
3.16 It is imperative that a mentally disordered or otherwise mentally vulnerable person, detained | 3.16 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 | under the Mental Health Act 1983, section 136, be assessed as soon as possible. A police | ||
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practitioner, having examined them, concludes they are not mentally disordered within the | practitioner, having examined them, concludes they are not mentally disordered within the | ||
meaning of the Act. | meaning of the Act. | ||
+ | |||
3.17 If the appropriate adult is: | 3.17 If the appropriate adult is: | ||
already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied | already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied | ||
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and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also | and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also | ||
be given to the appropriate adult. | be given to the appropriate adult. | ||
+ | |||
3.18 The detainee shall be advised that: | 3.18 The detainee shall be advised that: | ||
the duties of the appropriate adult include giving advice and assistance; | the duties of the appropriate adult include giving advice and assistance; | ||
they can consult privately with the appropriate adult at any time. | they can consult privately with the appropriate adult at any time. | ||
+ | |||
3.19 If the detainee, or appropriate adult on the detainee’s behalf, asks for a solicitor to be called | 3.19 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. | to give legal advice, the provisions of section 6 apply. | ||
+ | |||
3.20 If the detainee is blind, seriously visually impaired or unable to read, the custody officer | 3.20 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 | shall make sure their solicitor, relative, appropriate adult or some other person likely to take | ||
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person who is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see | person who is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see | ||
paragraph 3.15 and Note 13C). | paragraph 3.15 and Note 13C). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 17 | + | |
3.20A The Children and Young Persons Act 1933, section 31, requires that arrangements must be | 3.20A 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 | made for ensuring that a girl under the age of 18, while detained in a police station, is under | ||
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charged with the same offence as the person under 18. | charged with the same offence as the person under 18. | ||
(c) Persons attending a police station or elsewhere voluntarily | (c) Persons attending a police station or elsewhere voluntarily | ||
+ | |||
3.21 Anybody attending a police station or other location (see paragraph 3.22) voluntarily to | 3.21 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 | assist police with the investigation of an offence may leave at will unless arrested. See | ||
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determining whether they require an interpreter and the provision of interpretation | determining whether they require an interpreter and the provision of interpretation | ||
and translation services and informing them of that right. See paragraphs | and translation services and informing them of that right. See paragraphs | ||
+ | |||
3.1(a)(iv), 3.5(c)(ii) and 3.12, Note 6B and section 13. | 3.1(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 | but does not include any requirement to provide a written notice in addition to that | ||
above which concerns the arrangements for obtaining legal advice. | above which concerns the arrangements for obtaining legal advice. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 18 | + | |
3.22 If the other location mentioned in paragraph 3.21 is any place or premises for which the | 3.22 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 | interviewer requires the person’s informed consent to remain, for example, the person’s | ||
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leave at will’ mean that the person may also withdraw their consent and require the | leave at will’ mean that the person may also withdraw their consent and require the | ||
interviewer to leave. | interviewer to leave. | ||
+ | |||
(d) Documentation | (d) Documentation | ||
+ | |||
3.23 The grounds for a person’s detention shall be recorded, in the person’s presence if | 3.23 The grounds for a person’s detention shall be recorded, in the person’s presence if | ||
practicable. See paragraph 1.8. | practicable. See paragraph 1.8. | ||
+ | |||
3.24 Action taken under paragraphs 3.12 to 3.20 shall be recorded. | 3.24 Action taken under paragraphs 3.12 to 3.20 shall be recorded. | ||
(e) Persons answering street bail | (e) Persons answering street bail | ||
+ | |||
3.25 When a person is answering street bail, the custody officer should link any documentation | 3.25 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 | 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. | the custody record in accordance with paragraphs 3.23 and 3.24 above. | ||
+ | |||
(f) Requirements for suspects to be informed of certain rights | (f) Requirements for suspects to be informed of certain rights | ||
+ | |||
3.26 The provisions of this section identify the information which must be given to suspects who | 3.26 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 | have been cautioned in accordance with section 10 of this Code according to whether or | ||
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inspector to deal with as a complaint for the purposes of paragraph 9.2, or paragraph 12.9 if | 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: | the challenge is made during an interview. This would include, for example: | ||
+ | |||
(a) in the case of a detained suspect: | (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 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 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 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 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 | 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: | (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)). | + | not informing them of their rights or providing the required information (see paragraph 3.21(b)). |
- | Notes for Guidance | + | |
+ | |||
+ | -- Notes for Guidance -- | ||
3ZA For the purposes of paragraphs 3.4(b) and 15.0: | 3ZA 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 | (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 | responsible for authorising the suspect’s detention or (as the case may be) continued | ||
Line 866: | Line 910: | ||
documents and materials are capable of undermining the need to detain the suspect | 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. | 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 | (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 | 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 | 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, | made available by supplying a copy or allowing supervised access to view. However, | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 19 | ||
for view only access, it will be necessary to demonstrate that sufficient time is allowed | 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 | for the suspect and solicitor to view and consider the documents and materials in | ||
question. | question. | ||
+ | |||
+ | |||
3A For access to currently available notices, including ‘easy-read’ versions, see | 3A 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. | https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention. | ||
+ | |||
+ | |||
3B Not used. | 3B Not used. | ||
+ | |||
+ | |||
3C If the juvenile is in local authority or voluntary organisation care but living with their parents | 3C 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 | or other adults responsible for their welfare, although there is no legal obligation to inform | ||
Line 884: | Line 932: | ||
they are suspected of involvement in the offence concerned. Even if the juvenile is not | 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. | living with their parents, consideration should be given to informing them. | ||
+ | |||
3D The right to consult the Codes of Practice does not entitle the person concerned to delay | 3D 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. | unreasonably any necessary investigative or administrative action whilst they do so. | ||
Line 892: | Line 941: | ||
taking fingerprints, footwear impressions or non-intimate samples without consent for | taking fingerprints, footwear impressions or non-intimate samples without consent for | ||
evidential purposes. | evidential purposes. | ||
+ | |||
3E The Detention and Custody Authorised Professional Practice (APP) produced by the | 3E 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 | College of Policing (see http://www.app.college.police.uk) provides more detailed guidance | ||
Line 897: | Line 947: | ||
Home Office Circular 34/2007 (Safety of solicitors and probationary representatives at | Home Office Circular 34/2007 (Safety of solicitors and probationary representatives at | ||
police stations). | police stations). | ||
+ | |||
3F A custody officer or other officer who, in accordance with this Code, allows or directs the | 3F 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 | carrying out of any task or action relating to a detainee’s care, treatment, rights and | ||
Line 902: | Line 953: | ||
person concerned is suitable, trained and competent to carry out the task or action in | person concerned is suitable, trained and competent to carry out the task or action in | ||
question. | question. | ||
+ | |||
3G Guidance for police officers and police staff on the operational application of section 31 of | 3G 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 | the Children and Young Persons Act 1933 has been published by the College of Policing | ||
Line 907: | Line 959: | ||
https://www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-andyoung-persons/#girls. | https://www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-andyoung-persons/#girls. | ||
- | 4 Detainee’s property | + | == 4 Detainee’s property == |
(a) Action | (a) Action | ||
+ | |||
4.1 The custody officer is responsible for: | 4.1 The custody officer is responsible for: | ||
+ | |||
(a) ascertaining what property a detainee: | (a) ascertaining what property a detainee: | ||
+ | |||
(i) has with them when they come to the police station, whether on: | (i) has with them when they come to the police station, whether on: | ||
arrest or re-detention on answering to bail; | arrest or re-detention on answering to bail; | ||
Line 919: | Line 974: | ||
detention under the Mental Health Act 1983, section 135 or 136; | detention under the Mental Health Act 1983, section 135 or 136; | ||
remand into police custody on the authority of a court. | remand into police custody on the authority of a court. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 20 | + | |
(ii) might have acquired for an unlawful or harmful purpose while in custody; | (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 | (b) the safekeeping of any property taken from a detainee which remains at the police | ||
Line 929: | Line 982: | ||
removal of more than outer clothing is only made as in Annex A. A search may only be | 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. | carried out by an officer of the same sex as the detainee. See Note 4A and Annex L. | ||
+ | |||
4.2 Detainees may retain clothing and personal effects at their own risk unless the custody | 4.2 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 | officer considers they may use them to cause harm to themselves or others, interfere with | ||
Line 934: | Line 988: | ||
the custody officer may withhold such articles as they consider necessary and must tell the | the custody officer may withhold such articles as they consider necessary and must tell the | ||
detainee why. | detainee why. | ||
+ | |||
4.3 Personal effects are those items a detainee may lawfully need, use or refer to while in | 4.3 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. | detention but do not include cash and other items of value. | ||
(b) Documentation | (b) Documentation | ||
+ | |||
4.4 It is a matter for the custody officer to determine whether a record should be made of the | 4.4 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 | property a detained person has with him or had taken from him on arrest. Any record made | ||
Line 944: | Line 1000: | ||
2.4A and 2.5). Whenever a record is made the detainee shall be allowed to check and sign | 2.4A 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. | the record of property as correct. Any refusal to sign shall be recorded. | ||
+ | |||
4.5 If a detainee is not allowed to keep any article of clothing or personal effects, the reason | 4.5 If a detainee is not allowed to keep any article of clothing or personal effects, the reason | ||
must be recorded. | must be recorded. | ||
- | Notes for Guidance | + | |
+ | == Notes for Guidance == | ||
4A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear | 4A 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 | the custody officer will have continuing duties in relation to that detainee or when that | ||
Line 955: | Line 1013: | ||
the detainee will be invited to sign the entry. If the detainee refuses, the custody officer will | 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. | be obliged to ascertain what property they have in accordance with paragraph 4.1. | ||
+ | |||
4B Paragraph 4.4 does not require the custody officer to record on the custody record property | 4B 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 | 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. | practicable to remove it to the police station. | ||
+ | |||
4C Paragraph 4.4 does not require items of clothing worn by the person to be recorded unless | 4C 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. | withheld by the custody officer as in paragraph 4.2. | ||
- | 5 Right not to be held incommunicado | + | |
+ | == 5 Right not to be held incommunicado == | ||
(a) Action | (a) Action | ||
+ | |||
5.1 Subject to paragraph 5.7B, any person arrested and held in custody at a police station or | 5.1 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 | other premises may, on request, have one person known to them or likely to take an | ||
Line 969: | Line 1032: | ||
investigation has discretion to allow further attempts until the information has been | investigation has discretion to allow further attempts until the information has been | ||
conveyed. See Notes 5C and 5D. | conveyed. See Notes 5C and 5D. | ||
+ | |||
5.2 The exercise of the above right in respect of each person nominated may be delayed only | 5.2 The exercise of the above right in respect of each person nominated may be delayed only | ||
in accordance with Annex B. | in accordance with Annex B. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 21 | + | |
5.3 The above right may be exercised each time a detainee is taken to another police station. | 5.3 The above right may be exercised each time a detainee is taken to another police station. | ||
+ | |||
5.4 If the detainee agrees, they may at the custody officer’s discretion, receive visits from | 5.4 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 | friends, family or others likely to take an interest in their welfare, or in whose welfare the | ||
detainee has an interest. See Note 5B. | detainee has an interest. See Note 5B. | ||
+ | |||
5.5 If a friend, relative or person with an interest in the detainee’s welfare enquires about their | 5.5 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 | whereabouts, this information shall be given if the suspect agrees and Annex B does not | ||
apply. See Note 5D. | apply. See Note 5D. | ||
+ | |||
5.6 The detainee shall be given writing materials, on request, and allowed to telephone one | 5.6 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 | person for a reasonable time, see Notes 5A and 5E. Either or both of these privileges may | ||
Line 990: | Line 1055: | ||
Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1 | Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1 | ||
and 6.1. | and 6.1. | ||
+ | |||
5.7 Before any letter or message is sent, or telephone call made, the detainee shall be | 5.7 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 | informed that what they say in any letter, call or message (other than in a communication to | ||
Line 995: | Line 1061: | ||
be terminated if it is being abused. The costs can be at public expense at the custody | be terminated if it is being abused. The costs can be at public expense at the custody | ||
officer’s discretion. | officer’s discretion. | ||
+ | |||
5.7A Any delay or denial of the rights in this section should be proportionate and should last no | 5.7A Any delay or denial of the rights in this section should be proportionate and should last no | ||
longer than necessary. | longer than necessary. | ||
+ | |||
5.7B In the case of a person in police custody for specific purposes and periods in accordance | 5.7B 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 | with a direction under the Crime (Sentences) Act 1997, Schedule 1 (productions from | ||
Line 1003: | Line 1071: | ||
communication with others whilst in police custody. See Note 5F. | communication with others whilst in police custody. See Note 5F. | ||
(b) Documentation | (b) Documentation | ||
+ | |||
5.8 A record must be kept of any: | 5.8 A record must be kept of any: | ||
(a) request made under this section and the action taken; | (a) request made under this section and the action taken; | ||
Line 1009: | Line 1078: | ||
The detainee must be asked to countersign the record accordingly and any refusal | The detainee must be asked to countersign the record accordingly and any refusal | ||
recorded. | recorded. | ||
- | Notes for Guidance | + | |
+ | == Notes for Guidance == | ||
5A A person may request an interpreter to interpret a telephone call or translate a letter. | 5A A person may request an interpreter to interpret a telephone call or translate a letter. | ||
+ | |||
5B At the custody officer’s discretion and subject to the detainee’s consent, visits should be | 5B 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 | allowed when possible, subject to having sufficient personnel to supervise a visit and any | ||
possible hindrance to the investigation. | possible hindrance to the investigation. | ||
+ | |||
5C If the detainee does not know anyone to contact for advice or support or cannot contact a | 5C 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 | 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. | organisations who might be able to help. Paragraph 6.1 applies if legal advice is required. | ||
+ | |||
5D In some circumstances it may not be appropriate to use the telephone to disclose | 5D In some circumstances it may not be appropriate to use the telephone to disclose | ||
information under paragraphs 5.1 and 5.5. | information under paragraphs 5.1 and 5.5. | ||
5E The telephone call at paragraph 5.6 is in addition to any communication under paragraphs | 5E The telephone call at paragraph 5.6 is in addition to any communication under paragraphs | ||
+ | |||
5.1 and 6.1. | 5.1 and 6.1. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 22 | + | |
5F Prison Service Instruction 26/2012 (Production of Prisoners at the Request of Warranted | 5F Prison Service Instruction 26/2012 (Production of Prisoners at the Request of Warranted | ||
Law Enforcement Agencies) provides detailed guidance and instructions for police officers | Law Enforcement Agencies) provides detailed guidance and instructions for police officers | ||
and Governors and Directors of Prisons regarding applications for prisoners to be | 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. | transferred to police custody and their safe custody and treatment while in police custody. | ||
+ | |||
6 Right to legal advice | 6 Right to legal advice | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
6.1 Unless Annex B applies, all detainees must be informed that they may at any time consult | 6.1 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 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 | and that free independent legal advice is available. See paragraph 3.1, Notes 1I, 6B and | ||
+ | |||
6J | 6J | ||
6.2 Not used. | 6.2 Not used. | ||
+ | |||
6.3 A poster advertising the right to legal advice must be prominently displayed in the charging | 6.3 A poster advertising the right to legal advice must be prominently displayed in the charging | ||
area of every police station. See Note 6H. | area of every police station. See Note 6H. | ||
+ | |||
6.4 No police officer should, at any time, do or say anything with the intention of dissuading any | 6.4 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 | 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. | have been arrested and are detained, from obtaining legal advice. See Note 6ZA. | ||
+ | |||
6.5 The exercise of the right of access to legal advice may be delayed only as in Annex B. | 6.5 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 | Whenever legal advice is requested, and unless Annex B applies, the custody officer must | ||
Line 1053: | Line 1133: | ||
is clear a detainee does not want to speak to a solicitor in person or by telephone they | 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. | should cease to be asked their reasons. See Note 6K. | ||
+ | |||
6.5A In the case of a person who is a juvenile or is mentally disordered or otherwise mentally | 6.5A 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 | vulnerable, an appropriate adult should consider whether legal advice from a solicitor is | ||
Line 1061: | Line 1142: | ||
However, the person cannot be forced to see the solicitor if they are adamant that they do | However, the person cannot be forced to see the solicitor if they are adamant that they do | ||
not wish to do so. | not wish to do so. | ||
+ | |||
6.6 A detainee who wants legal advice may not be interviewed or continue to be interviewed | 6.6 A detainee who wants legal advice may not be interviewed or continue to be interviewed | ||
until they have received such advice unless: | until they have received such advice unless: | ||
+ | |||
(a) Annex B applies, when the restriction on drawing adverse inferences from silence in | (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 | Annex C will apply because the detainee is not allowed an opportunity to consult a | ||
solicitor; or | solicitor; or | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 23 | + | |
(b) an officer of superintendent rank or above has reasonable grounds for believing that: | (b) an officer of superintendent rank or above has reasonable grounds for believing that: | ||
+ | |||
(i) the consequent delay might: | (i) the consequent delay might: | ||
lead to interference with, or harm to, evidence connected with an offence; | lead to interference with, or harm to, evidence connected with an offence; | ||
Line 1079: | Line 1161: | ||
of an offence. | of an offence. | ||
See Note 6A | See Note 6A | ||
+ | |||
(ii) when a solicitor, including a duty solicitor, has been contacted and has agreed | (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 | to attend, awaiting their arrival would cause unreasonable delay to the process | ||
Line 1085: | Line 1168: | ||
Annex C will apply because the detainee is not allowed an opportunity to consult a | Annex C will apply because the detainee is not allowed an opportunity to consult a | ||
solicitor. | solicitor. | ||
+ | |||
(c) the solicitor the detainee has nominated or selected from a list: | (c) the solicitor the detainee has nominated or selected from a list: | ||
+ | |||
(i) cannot be contacted; | (i) cannot be contacted; | ||
+ | |||
(ii) has previously indicated they do not wish to be contacted; or | (ii) has previously indicated they do not wish to be contacted; or | ||
+ | |||
(iii) having been contacted, has declined to attend; and | (iii) having been contacted, has declined to attend; and | ||
the detainee has been advised of the Duty Solicitor Scheme but has | the detainee has been advised of the Duty Solicitor Scheme but has | ||
Line 1096: | Line 1183: | ||
Note: The restriction on drawing adverse inferences from silence in Annex C will not | 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; | 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) | (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 | 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 | to speak to a solicitor. In these circumstances, the interview may be started or | ||
continued without delay provided that: | continued without delay provided that: | ||
+ | |||
(i) an officer of inspector rank or above: | (i) an officer of inspector rank or above: | ||
speaks to the detainee to enquire about the reasons for their change of mind | speaks to the detainee to enquire about the reasons for their change of mind | ||
Line 1106: | Line 1195: | ||
expected time of arrival and to inform the solicitor that the suspect has | 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); | 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 | (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; | action in (i) are recorded in the custody record; | ||
+ | |||
(iii) the detainee, after being informed of the outcome of the action in (i) above, | (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 | confirms in writing that they want the interview to proceed without speaking or | ||
Line 1113: | Line 1204: | ||
present and do not wish to wait for a solicitor by signing an entry to this effect in | present and do not wish to wait for a solicitor by signing an entry to this effect in | ||
the custody record; | the custody record; | ||
+ | |||
(iv) an officer of inspector rank or above is satisfied that it is proper for the interview | (iv) an officer of inspector rank or above is satisfied that it is proper for the interview | ||
to proceed in these circumstances and: | to proceed in these circumstances and: | ||
gives authority in writing for the interview to proceed and, if the authority is | 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 | not recorded in the custody record, the officer must ensure that the custody | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 24 | ||
record shows the date and time of the authority and where it is recorded, | record shows the date and time of the authority and where it is recorded, | ||
and | and | ||
Line 1126: | Line 1215: | ||
commence and records or causes to be recorded, the outcome of this action | commence and records or causes to be recorded, the outcome of this action | ||
in the custody record. | in the custody record. | ||
+ | |||
(v) When the interview starts and the interviewer reminds the suspect of their right | (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 | to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F | ||
Line 1146: | Line 1236: | ||
silence in Annex C will not apply because the detainee is allowed an opportunity to | silence in Annex C will not apply because the detainee is allowed an opportunity to | ||
consult a solicitor if they wish. | consult a solicitor if they wish. | ||
+ | |||
6.7 If paragraph 6.6(a) applies, where the reason for authorising the delay ceases to apply, | 6.7 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 | there may be no further delay in permitting the exercise of the right in the absence of a | ||
Line 1152: | Line 1243: | ||
cease until the detainee has received legal advice unless paragraph 6.6(a), (b)(ii), (c) or (d) | cease until the detainee has received legal advice unless paragraph 6.6(a), (b)(ii), (c) or (d) | ||
applies. | applies. | ||
+ | |||
6.8 A detainee who has been permitted to consult a solicitor shall be entitled on request to | 6.8 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 | have the solicitor present when they are interviewed unless one of the exceptions in | ||
paragraph 6.6 applies. | paragraph 6.6 applies. | ||
+ | |||
6.9 The solicitor may only be required to leave the interview if their conduct is such that the | 6.9 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. | interviewer is unable properly to put questions to the suspect. See Notes 6D and 6E. | ||
+ | |||
6.10 If the interviewer considers a solicitor is acting in such a way, they will stop the interview | 6.10 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 | and consult an officer not below superintendent rank, if one is readily available, and | ||
Line 1164: | Line 1258: | ||
opportunity to consult another solicitor before the interview continues and that solicitor | opportunity to consult another solicitor before the interview continues and that solicitor | ||
given an opportunity to be present at the interview. See Note 6E. | given an opportunity to be present at the interview. See Note 6E. | ||
+ | |||
6.11 The removal of a solicitor from an interview is a serious step and, if it occurs, the officer of | 6.11 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 | superintendent rank or above who took the decision will consider if the incident should be | ||
Line 1172: | Line 1267: | ||
duty solicitor, the report should be both to the Solicitors Regulatory Authority and to the | duty solicitor, the report should be both to the Solicitors Regulatory Authority and to the | ||
Legal Aid Agency. | Legal Aid Agency. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 25 | + | |
6.12 ‘Solicitor’ in this Code means: | 6.12 ‘Solicitor’ in this Code means: | ||
a solicitor who holds a current practising certificate; | a solicitor who holds a current practising certificate; | ||
an accredited or probationary representative included on the register of representatives | an accredited or probationary representative included on the register of representatives | ||
maintained by the Legal Aid Agency. | maintained by the Legal Aid Agency. | ||
+ | |||
6.12A An accredited or probationary representative sent to provide advice by, and on behalf of, a | 6.12A 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 | solicitor shall be admitted to the police station for this purpose unless an officer of inspector | ||
Line 1184: | Line 1278: | ||
Hindering the investigation does not include giving proper legal advice to a detainee as in | 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. | Note 6D. Once admitted to the police station, paragraphs 6.6 to 6.10 apply. | ||
+ | |||
6.13 In exercising their discretion under paragraph 6.12A, the officer should take into account in | 6.13 In exercising their discretion under paragraph 6.12A, the officer should take into account in | ||
particular: | particular: | ||
Line 1194: | Line 1289: | ||
any other matters in any written letter of authorisation provided by the solicitor on whose | 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. | behalf the person is attending the police station. See Note 6F. | ||
+ | |||
6.14 If the inspector refuses access to an accredited or probationary representative or a decision | 6.14 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 | is taken that such a person should not be permitted to remain at an interview, the inspector | ||
Line 1199: | Line 1295: | ||
opportunity to make alternative arrangements. The detainee must be informed and the | opportunity to make alternative arrangements. The detainee must be informed and the | ||
custody record noted. | custody record noted. | ||
+ | |||
6.15 If a solicitor arrives at the station to see a particular person, that person must, unless Annex | 6.15 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 | B applies, be so informed whether or not they are being interviewed and asked if they | ||
Line 1204: | Line 1301: | ||
or, having requested it, subsequently agreed to be interviewed without receiving 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. | The solicitor’s attendance and the detainee’s decision must be noted in the custody record. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
6.16 Any request for legal advice and the action taken shall be recorded. | 6.16 Any request for legal advice and the action taken shall be recorded. | ||
+ | |||
6.17 A record shall be made in the interview record if a detainee asks for legal advice and an | 6.17 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 | interview is begun either in the absence of a solicitor or their representative, or they have | ||
been required to leave an interview. | been required to leave an interview. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
6ZA No police officer or police staff shall indicate to any suspect, except to answer a direct | 6ZA No police officer or police staff shall indicate to any suspect, except to answer a direct | ||
Line 1223: | Line 1324: | ||
imminent) and the requirements of other investigations. If the solicitor is on their way or 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 | to set off immediately, it will not normally be appropriate to begin an interview before they | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 26 | ||
arrive. If it appears necessary to begin an interview before the solicitor’s arrival, 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) | 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 | applies so there is an opportunity to make arrangements for someone else to provide legal | ||
advice. | advice. | ||
+ | |||
6B A detainee has a right to free legal advice and to be represented by a solicitor. This Note | 6B 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 | for Guidance explains the arrangements which enable detainees to obtain legal advice. An | ||
Line 1250: | Line 1349: | ||
the police want to interview the detainee or carry out an eye-witness identification | the police want to interview the detainee or carry out an eye-witness identification | ||
procedure; | procedure; | ||
+ | |||
the detainee needs an appropriate adult; | the detainee needs an appropriate adult; | ||
+ | |||
the detainee is unable to communicate over the telephone; | the detainee is unable to communicate over the telephone; | ||
+ | |||
the detainee alleges serious misconduct by the police; | the detainee alleges serious misconduct by the police; | ||
+ | |||
the investigation includes another offence not included in the list, | the investigation includes another offence not included in the list, | ||
+ | |||
the solicitor to be assigned is already at the police station. | 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 | 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 | a solicitor they know or if they do not know a solicitor or the solicitor they know cannot be | ||
contacted, from the duty solicitor. | contacted, from the duty solicitor. | ||
+ | |||
To arrange free legal advice, the police should telephone the DSCC. The call centre will | 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 | 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. | 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: | When a detainee wants to pay for legal advice themselves: | ||
+ | |||
the DSCC will contact a solicitor of their choice on their behalf; | 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 | they may, when free advice is only available by telephone from CDS Direct, still | ||
Line 1273: | Line 1380: | ||
they are entitled to a private consultation with their chosen solicitor on the | 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; | telephone or the solicitor may decide to come to the police station; | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 27 | ||
If their chosen solicitor cannot be contacted, the DSCC may still be called to | If their chosen solicitor cannot be contacted, the DSCC may still be called to | ||
arrange free legal advice. | arrange free legal advice. | ||
+ | |||
Apart from carrying out duties necessary to implement these arrangements, an officer must | Apart from carrying out duties necessary to implement these arrangements, an officer must | ||
not advise the suspect about any particular firm of solicitors. | not advise the suspect about any particular firm of solicitors. | ||
+ | |||
6B1 Not used. | 6B1 Not used. | ||
+ | |||
6B2 Not used. | 6B2 Not used. | ||
+ | |||
6C Not used. | 6C Not used. | ||
+ | |||
6D The solicitor’s only role in the police station is to protect and advance the legal rights of their | 6D 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. On occasions this may require the solicitor to give advice which has the effect of the | ||
Line 1293: | Line 1402: | ||
include answering questions on a suspect’s behalf or providing written replies for the | include answering questions on a suspect’s behalf or providing written replies for the | ||
suspect to quote. | suspect to quote. | ||
+ | |||
6E An officer who takes the decision to exclude a solicitor must be in a position to satisfy the | 6E 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 | court the decision was properly made. In order to do this they may need to witness what is | ||
happening. | happening. | ||
+ | |||
6F If an officer of at least inspector rank considers a particular solicitor or firm of solicitors is | 6F 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, | 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 | they should inform an officer of at least superintendent rank, who may wish to take the | ||
matter up with the Solicitors Regulation Authority. | matter up with the Solicitors Regulation Authority. | ||
+ | |||
6G Subject to the constraints of Annex B, a solicitor may advise more than one client in an | 6G 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 | investigation if they wish. Any question of a conflict of interest is for the solicitor under their | ||
Line 1305: | Line 1417: | ||
may lead to unreasonable delay to the interview with another, the provisions of paragraph | may lead to unreasonable delay to the interview with another, the provisions of paragraph | ||
6.6(b) may apply. | 6.6(b) may apply. | ||
+ | |||
6H In addition to a poster in English, a poster or posters containing translations into Welsh, the | 6H 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 | 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. | wherever they are likely to be helpful and it is practicable to do so. | ||
+ | |||
6I Not used. | 6I Not used. | ||
+ | |||
6J Whenever a detainee exercises their right to legal advice by consulting or communicating | 6J 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 | with a solicitor, they must be allowed to do so in private. This right to consult or | ||
Line 1320: | Line 1435: | ||
unless they are being used, at all police stations to enable detainees to speak in private to a | 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. | solicitor either face to face or over the telephone. | ||
+ | |||
6K A detainee is not obliged to give reasons for declining legal advice and should not be | 6K A detainee is not obliged to give reasons for declining legal advice and should not be | ||
pressed to do so. | pressed to do so. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 28 | + | |
7 Citizens of independent Commonwealth countries or foreign nationals | 7 Citizens of independent Commonwealth countries or foreign nationals | ||
(a) Action | (a) Action | ||
+ | |||
7.1 A detainee who is a citizen of an independent Commonwealth country or a national of a | 7.1 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 | foreign country, including the Republic of Ireland, has the right, upon request, to | ||
Line 1334: | Line 1449: | ||
grounds for their detention. Such a request should be acted upon as soon as practicable. | grounds for their detention. Such a request should be acted upon as soon as practicable. | ||
See Note 7A. | See Note 7A. | ||
+ | |||
7.2 A detainee who is a citizen of a country with which a bilateral consular convention or | 7.2 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 | agreement is in force requiring notification of arrest must also be informed that subject to | ||
Line 1349: | Line 1465: | ||
by letter to the Foreign and Commonwealth Office, King Charles Street, London, SW1A | by letter to the Foreign and Commonwealth Office, King Charles Street, London, SW1A | ||
2AH. | 2AH. | ||
+ | |||
7.3 Consular officers may, if the detainee agrees, visit one of their nationals in police detention | 7.3 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 | 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. | of the hearing of a police officer. | ||
+ | |||
7.4 Notwithstanding the provisions of consular conventions, if the detainee claims that they are | 7.4 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 | a refugee or have applied or intend to apply for asylum, the custody officer must ensure that | ||
Line 1358: | Line 1476: | ||
international obligations requires notification of the arrest to be sent and will inform the | international obligations requires notification of the arrest to be sent and will inform the | ||
custody officer as to what action police need to take. | custody officer as to what action police need to take. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
7.5 A record shall be made: | 7.5 A record shall be made: | ||
when a detainee is informed of their rights under this section and of any requirement in | when a detainee is informed of their rights under this section and of any requirement in | ||
Line 1366: | Line 1486: | ||
seeking asylum and the resulting action taken by police. | seeking asylum and the resulting action taken by police. | ||
Note for Guidance | Note for Guidance | ||
+ | |||
7A The exercise of the rights in this section may not be interfered with even though Annex B | 7A The exercise of the rights in this section may not be interfered with even though Annex B | ||
applies. | applies. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 29 | + | |
8 Conditions of detention | 8 Conditions of detention | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
8.1 So far as it is practicable, not more than one detainee should be detained in each cell. See | 8.1 So far as it is practicable, not more than one detainee should be detained in each cell. See | ||
Note 8C. | Note 8C. | ||
+ | |||
8.2 Cells in use must be adequately heated, cleaned and ventilated. They must be adequately | 8.2 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 | lit, subject to such dimming as is compatible with safety and security to allow people | ||
Line 1384: | Line 1506: | ||
particular care must be taken when deciding whether to use any form of approved | particular care must be taken when deciding whether to use any form of approved | ||
restraints. | restraints. | ||
+ | |||
8.3 Blankets, mattresses, pillows and other bedding supplied shall be of a reasonable standard | 8.3 Blankets, mattresses, pillows and other bedding supplied shall be of a reasonable standard | ||
and in a clean and sanitary condition. See Note 8A. | and in a clean and sanitary condition. See Note 8A. | ||
+ | |||
8.4 Access to toilet and washing facilities must be provided. | 8.4 Access to toilet and washing facilities must be provided. | ||
+ | |||
8.5 If it is necessary to remove a detainee’s clothes for the purposes of investigation, for | 8.5 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 | 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 | comfort and cleanliness shall be provided. A detainee may not be interviewed unless | ||
adequate clothing has been offered. | adequate clothing has been offered. | ||
+ | |||
8.6 At least two light meals and one main meal should be offered in any 24-hour period. See | 8.6 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 | Note 8B. Drinks should be provided at meal times and upon reasonable request between | ||
Line 1398: | Line 1524: | ||
detainee may have. The detainee may, at the custody officer’s discretion, have meals | 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. | supplied by their family or friends at their expense. See Note 8A. | ||
+ | |||
8.7 Brief outdoor exercise shall be offered daily if practicable. | 8.7 Brief outdoor exercise shall be offered daily if practicable. | ||
+ | |||
8.8 A juvenile shall not be placed in a police cell unless no other secure accommodation is | 8.8 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 | available and the custody officer considers it is not practicable to supervise them if they are | ||
Line 1404: | Line 1532: | ||
secure accommodation in the station. A juvenile may not be placed in a cell with a detained | secure accommodation in the station. A juvenile may not be placed in a cell with a detained | ||
adult. | adult. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
8.9 A record must be kept of replacement clothing and meals offered. | 8.9 A record must be kept of replacement clothing and meals offered. | ||
+ | |||
8.10 If a juvenile is placed in a cell, the reason must be recorded. | 8.10 If a juvenile is placed in a cell, the reason must be recorded. | ||
+ | |||
8.11 The use of any restraints on a detainee whilst in a cell, the reasons for it and, if appropriate, | 8.11 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 | the arrangements for enhanced supervision of the detainee whilst so restrained, shall be | ||
recorded. See paragraph 3.9. | recorded. See paragraph 3.9. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
8A The provisions in paragraph 8.3 and 8.6 respectively are of particular importance in the | 8A 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 | case of a person likely to be detained for an extended period. In deciding whether to allow | ||
Line 1418: | Line 1552: | ||
8B Meals should, so far as practicable, be offered at recognised meal times, or at other times | 8B 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. | that take account of when the detainee last had a meal. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 30 | + | |
8C The Detention and Custody Authorised Professional Practice (APP) produced by the | 8C 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 | 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 | 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. | which should be read in conjunction with sections 8 and 9 of this Code. | ||
+ | |||
9 Care and treatment of detained persons | 9 Care and treatment of detained persons | ||
+ | |||
(a) General | (a) General | ||
+ | |||
9.1 Nothing in this section prevents the police from calling an appropriate healthcare | 9.1 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 | 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. | offence in which the detainee is suspected of being involved. See Notes 9A and 8C. | ||
+ | |||
9.2 If a complaint is made by, or on behalf of, a detainee about their treatment since their | 9.2 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 | arrest, or it comes to notice that a detainee may have been treated improperly, a report | ||
Line 1436: | Line 1572: | ||
unnecessary or unreasonable use of force, an appropriate healthcare professional must | unnecessary or unreasonable use of force, an appropriate healthcare professional must | ||
also be called as soon as practicable. | also be called as soon as practicable. | ||
+ | |||
9.3 Detainees should be visited at least every hour. If no reasonably foreseeable risk was | 9.3 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 | identified in a risk assessment, see paragraphs 3.6 to 3.10, there is no need to wake a | ||
Line 1446: | Line 1583: | ||
and clinical treatment arranged if appropriate. | and clinical treatment arranged if appropriate. | ||
See Notes 9B, 9C and 9H | See Notes 9B, 9C and 9H | ||
+ | |||
9.4 When arrangements are made to secure clinical attention for a detainee, the custody officer | 9.4 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 | must make sure all relevant information which might assist in the treatment of the | ||
Line 1451: | Line 1589: | ||
applies whether or not the healthcare professional asks for such information. Any officer or | 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. | police staff with relevant information must inform the custody officer as soon as practicable. | ||
+ | |||
(b) Clinical treatment and attention | (b) Clinical treatment and attention | ||
+ | |||
9.5 The custody officer must make sure a detainee receives appropriate clinical attention as | 9.5 The custody officer must make sure a detainee receives appropriate clinical attention as | ||
soon as reasonably practicable if the person: | soon as reasonably practicable if the person: | ||
+ | |||
(a) appears to be suffering from physical illness; or | (a) appears to be suffering from physical illness; or | ||
+ | |||
(b) is injured; or | (b) is injured; or | ||
+ | |||
(c) appears to be suffering from a mental disorder; or | (c) appears to be suffering from a mental disorder; or | ||
+ | |||
(d) appears to need clinical attention. | (d) appears to need clinical attention. | ||
+ | |||
9.5A This applies even if the detainee makes no request for clinical attention and whether or not | 9.5A 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 | 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 | urgent, e.g. when indicated as in Annex H, the nearest available healthcare professional or | ||
an ambulance must be called immediately. | an ambulance must be called immediately. | ||
+ | |||
9.5B The custody officer must also consider the need for clinical attention as set out in Note 9C | 9.5B 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. | in relation to those suffering the effects of alcohol or drugs. | ||
+ | |||
9.6 Paragraph 9.5 is not meant to prevent or delay the transfer to a hospital if necessary of a | 9.6 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 | person detained under the Mental Health Act 1983, section 136. See Note 9D. When an | ||
Line 1469: | Line 1616: | ||
custody officer must consider whether an appropriate healthcare professional should be | 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 | called to conduct an initial clinical check on the detainee. This applies particularly when | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 31 | ||
there is likely to be any significant delay in the arrival of a suitably qualified medical | there is likely to be any significant delay in the arrival of a suitably qualified medical | ||
practitioner. | practitioner. | ||
+ | |||
9.7 If it appears to the custody officer, or they are told, that a person brought to a station under | 9.7 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 | arrest may be suffering from an infectious disease or condition, the custody officer must | ||
Line 1480: | Line 1625: | ||
professional. See Note 9E. The custody officer has discretion to isolate the person and | professional. See Note 9E. The custody officer has discretion to isolate the person and | ||
their property until clinical directions have been obtained. | their property until clinical directions have been obtained. | ||
+ | |||
9.8 If a detainee requests a clinical examination, an appropriate healthcare professional must | 9.8 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 | be called as soon as practicable to assess the detainee's clinical needs. If a safe and | ||
Line 1485: | Line 1631: | ||
must be sought. The detainee may also be examined by a medical practitioner of their | must be sought. The detainee may also be examined by a medical practitioner of their | ||
choice at their expense. | choice at their expense. | ||
+ | |||
9.9 If a detainee is required to take or apply any medication in compliance with clinical | 9.9 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 | directions prescribed before their detention, the custody officer must consult the appropriate | ||
Line 1492: | Line 1639: | ||
approved medication. Any such consultation and its outcome shall be noted in the custody | approved medication. Any such consultation and its outcome shall be noted in the custody | ||
record. | record. | ||
+ | |||
9.10 No police officer may administer or supervise the self-administration of medically prescribed | 9.10 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, | controlled drugs of the types and forms listed in the Misuse of Drugs Regulations 2001, | ||
Line 1501: | Line 1649: | ||
use and both are satisfied self-administration will not expose the detainee, police officers or | use and both are satisfied self-administration will not expose the detainee, police officers or | ||
anyone else to the risk of harm or injury. | anyone else to the risk of harm or injury. | ||
+ | |||
9.11 When appropriate healthcare professionals administer drugs or authorise the use of other | 9.11 When appropriate healthcare professionals administer drugs or authorise the use of other | ||
medications, supervise their self-administration or consult with the custody officer about | medications, supervise their self-administration or consult with the custody officer about | ||
Line 1506: | Line 1655: | ||
medicines legislation and the scope of practice as determined by their relevant statutory | medicines legislation and the scope of practice as determined by their relevant statutory | ||
regulatory body. | regulatory body. | ||
+ | |||
9.12 If a detainee has in their possession, or claims to need, medication relating to a heart | 9.12 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 | 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 | though paragraph 9.5 may not apply, the advice of the appropriate healthcare professional | ||
must be obtained. | must be obtained. | ||
+ | |||
9.13 Whenever the appropriate healthcare professional is called in accordance with this section | 9.13 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: | to examine or treat a detainee, the custody officer shall ask for their opinion about: | ||
Line 1516: | Line 1667: | ||
when to carry out an interview if applicable; and | when to carry out an interview if applicable; and | ||
the need for safeguards. | the need for safeguards. | ||
+ | |||
9.14 When clinical directions are given by the appropriate healthcare professional, whether orally | 9.14 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 | or in writing, and the custody officer has any doubts or is in any way uncertain about any | ||
Line 1521: | Line 1673: | ||
important that directions concerning the frequency of visits are clear, precise and capable of | important that directions concerning the frequency of visits are clear, precise and capable of | ||
being implemented. See Note 9F. | being implemented. See Note 9F. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 32 | + | |
(c) Documentation | (c) Documentation | ||
+ | |||
9.15 A record must be made in the custody record of: | 9.15 A record must be made in the custody record of: | ||
+ | |||
(a) the arrangements made for an examination by an appropriate healthcare professional | (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 | under paragraph 9.2 and of any complaint reported under that paragraph together | ||
with any relevant remarks by the custody officer; | with any relevant remarks by the custody officer; | ||
+ | |||
(b) any arrangements made in accordance with paragraph 9.5; | (b) any arrangements made in accordance with paragraph 9.5; | ||
+ | |||
(c) any request for a clinical examination under paragraph 9.8 and any arrangements | (c) any request for a clinical examination under paragraph 9.8 and any arrangements | ||
made in response; | made in response; | ||
+ | |||
(d) the injury, ailment, condition or other reason which made it necessary to make the | (d) the injury, ailment, condition or other reason which made it necessary to make the | ||
arrangements in (a) to (c); See Note 9G. | arrangements in (a) to (c); See Note 9G. | ||
+ | |||
(e) any clinical directions and advice, including any further clarifications, given to police | (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 | 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. | 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 | (f) if applicable, the responses received when attempting to rouse a person using the | ||
procedure in Annex H. See Note 9H. | procedure in Annex H. See Note 9H. | ||
+ | |||
+ | |||
9.16 If a healthcare professional does not record their clinical findings in the custody record, the | 9.16 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 | record must show where they are recorded. See Note 9G. However, information which is | ||
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detainee must be recorded openly in the custody record, see paragraph 3.8 and Annex G, | detainee must be recorded openly in the custody record, see paragraph 3.8 and Annex G, | ||
paragraph 7. | paragraph 7. | ||
+ | |||
9.17 Subject to the requirements of Section 4, the custody record shall include: | 9.17 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 | a record of all medication a detainee has in their possession on arrival at the police | ||
station; | station; | ||
a note of any such medication they claim to need but do not have with them. | a note of any such medication they claim to need but do not have with them. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
9A A ‘healthcare professional’ means a clinically qualified person working within the scope of | 9A 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 | 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 | professional is ‘appropriate’ depends on the circumstances of the duties they carry out at | ||
the time. | the time. | ||
+ | |||
9B Whenever possible juveniles and mentally vulnerable detainees should be visited more | 9B Whenever possible juveniles and mentally vulnerable detainees should be visited more | ||
frequently. | frequently. | ||
+ | |||
9C A detainee who appears drunk or behaves abnormally may be suffering from illness, the | 9C 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 | effects of drugs or may have sustained injury, particularly a head injury which is not | ||
Line 1564: | Line 1728: | ||
injuries must be recorded in the custody record and any doubt must be resolved in favour of | injuries must be recorded in the custody record and any doubt must be resolved in favour of | ||
calling the appropriate healthcare professional. | calling the appropriate healthcare professional. | ||
+ | |||
9CA Paragraph 9.3 would apply to a person in police custody by order of a magistrates’ court | 9CA 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, | under the Criminal Justice Act 1988, section 152 (as amended by the Drugs Act 2005, | ||
Line 1571: | Line 1736: | ||
directions, should consider the necessity for rousing every half hour. This does not negate | 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. | the need for regular visiting of the suspect in the cell. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 33 | + | |
9D Whenever practicable, arrangements should be made for persons detained for assessment | 9D 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 | under the Mental Health Act 1983, section 136 to be taken to a hospital. Chapter 10 of the | ||
Line 1579: | Line 1742: | ||
about arranging assessments under section 136 and transferring detainees from police | about arranging assessments under section 136 and transferring detainees from police | ||
stations to other places of safety. | stations to other places of safety. | ||
+ | |||
9E It is important to respect a person’s right to privacy and information about their health must | 9E 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 | 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 | advice when it is necessary to protect the detainee’s health or that of others who come into | ||
contact with them. | contact with them. | ||
+ | |||
9F The custody officer should always seek to clarify directions that the detainee requires | 9F The custody officer should always seek to clarify directions that the detainee requires | ||
constant observation or supervision and should ask the appropriate healthcare professional | constant observation or supervision and should ask the appropriate healthcare professional | ||
to explain precisely what action needs to be taken to implement such directions. | to explain precisely what action needs to be taken to implement such directions. | ||
+ | |||
9G Paragraphs 9.15 and 9.16 do not require any information about the cause of any injury, | 9G 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 | ailment or condition to be recorded on the custody record if it appears capable of providing | ||
evidence of an offence. | evidence of an offence. | ||
+ | |||
9H The purpose of recording a person's responses when attempting to rouse them using the | 9H 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 | procedure in Annex H is to enable any change in the individual’s consciousness level to be | ||
noted and clinical treatment arranged if appropriate. | noted and clinical treatment arranged if appropriate. | ||
+ | |||
10 Cautions | 10 Cautions | ||
+ | |||
(a) When a caution must be given | (a) When a caution must be given | ||
+ | |||
10.1 A person whom there are grounds to suspect of an offence, see Note 10A, must be | 10.1 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 | cautioned before any questions about an offence, or further questions if the answers | ||
Line 1600: | Line 1770: | ||
in a prosecution. A person need not be cautioned if questions are for other necessary | in a prosecution. A person need not be cautioned if questions are for other necessary | ||
purposes, e.g.: | purposes, e.g.: | ||
+ | |||
(a) solely to establish their identity or ownership of any vehicle; | (a) solely to establish their identity or ownership of any vehicle; | ||
+ | |||
(b) to obtain information in accordance with any relevant statutory requirement, see | (b) to obtain information in accordance with any relevant statutory requirement, see | ||
paragraph 10.9; | paragraph 10.9; | ||
+ | |||
(c) in furtherance of the proper and effective conduct of a search, e.g. to determine the | (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 | need to search in the exercise of powers of stop and search or to seek co-operation | ||
while carrying out a search; or | while carrying out a search; or | ||
+ | |||
(d) to seek verification of a written record as in paragraph 11.13. | (d) to seek verification of a written record as in paragraph 11.13. | ||
+ | |||
(e) Not used. | (e) Not used. | ||
+ | |||
+ | |||
10.2 Whenever a person not under arrest is initially cautioned, or reminded that they are under | 10.2 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 | caution, that person must at the same time be told they are not under arrest and must be | ||
Line 1614: | Line 1791: | ||
station or elsewhere and the other rights and entitlements that apply to a voluntary | station or elsewhere and the other rights and entitlements that apply to a voluntary | ||
interview. See Note 10C. | interview. See Note 10C. | ||
+ | |||
10.3 A person who is arrested, or further arrested, must be informed at the time if practicable or, | 10.3 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 | 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 | grounds and reasons for their arrest, see paragraph 3.4, Note 10B and Code G, paragraphs | ||
2.2 and 4.3. | 2.2 and 4.3. | ||
+ | |||
10.4 As required by Code G, section 3, a person who is arrested, or further arrested, must also | 10.4 As required by Code G, section 3, a person who is arrested, or further arrested, must also | ||
be cautioned unless: | be cautioned unless: | ||
+ | |||
(a) it is impracticable to do so by reason of their condition or behaviour at the time; | (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) they have already been cautioned immediately prior to arrest as in paragraph 10.1. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 34 | + | |
(b) Terms of the cautions | (b) Terms of the cautions | ||
+ | |||
10.5 The caution which must be given on: | 10.5 The caution which must be given on: | ||
+ | |||
(a) arrest; or | (a) arrest; or | ||
+ | |||
(b) all other occasions before a person is charged or informed they may be prosecuted; | (b) all other occasions before a person is charged or informed they may be prosecuted; | ||
see section 16, | see section 16, | ||
Line 1641: | Line 1823: | ||
Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.” | Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.” | ||
See Note 10G | See Note 10G | ||
+ | |||
10.6 Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the | 10.6 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. | restriction on drawing adverse inferences from silence applies. | ||
+ | |||
10.7 Minor deviations from the words of any caution given in accordance with this Code do not | 10.7 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. | constitute a breach of this Code, provided the sense of the relevant caution is preserved. | ||
See Note 10D. | See Note 10D. | ||
+ | |||
10.8 After any break in questioning under caution, the person being questioned must be made | 10.8 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 | 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. | again in full when the interview resumes. See Note 10E. | ||
+ | |||
10.9 When, despite being cautioned, a person fails to co-operate or to answer particular | 10.9 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 | 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. | any relevant consequences and that those consequences are not affected by the caution. | ||
+ | |||
Examples are when a person's refusal to provide: | Examples are when a person's refusal to provide: | ||
their name and address when charged may make them liable to detention; | their name and address when charged may make them liable to detention; | ||
Line 1657: | Line 1844: | ||
Road Traffic Act 1988, may amount to an offence or may make the person liable to a | Road Traffic Act 1988, may amount to an offence or may make the person liable to a | ||
further arrest. | further arrest. | ||
+ | |||
(c) Special warnings under the Criminal Justice and Public Order Act 1994, | (c) Special warnings under the Criminal Justice and Public Order Act 1994, | ||
sections 36 and 37 | sections 36 and 37 | ||
+ | |||
10.10 When a suspect interviewed at a police station or authorised place of detention after arrest | 10.10 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, | fails or refuses to answer certain questions, or to answer satisfactorily, after due warning, | ||
Line 1664: | Line 1853: | ||
Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only | Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only | ||
be drawn when: | be drawn when: | ||
+ | |||
(a) the restriction on drawing adverse inferences from silence, see Annex C, does not | (a) the restriction on drawing adverse inferences from silence, see Annex C, does not | ||
apply; and | apply; and | ||
+ | |||
(b) the suspect is arrested by a constable and fails or refuses to account for any objects, | (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: | marks or substances, or marks on such objects found: | ||
Line 1672: | Line 1863: | ||
otherwise in their possession; or | otherwise in their possession; or | ||
in the place they were arrested; | in the place they were arrested; | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 35 | + | |
(c) the arrested suspect was found by a constable at a place at or about the time the | (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, | offence for which that officer has arrested them is alleged to have been committed, | ||
Line 1681: | Line 1870: | ||
still be asked to account for any of the matters in (b) or (c) but the special warning | 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. | described in paragraph 10.11 will not apply and must not be given. | ||
+ | |||
10.11 For an inference to be drawn when a suspect fails or refuses to answer a question about | 10.11 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 | one of these matters or to answer it satisfactorily, the suspect must first be told in ordinary | ||
language: | language: | ||
+ | |||
(a) what offence is being investigated; | (a) what offence is being investigated; | ||
+ | |||
(b) what fact they are being asked to account for; | (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; | (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 | (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 | (e) a record is being made of the interview and it may be given in evidence if they are | ||
brought to trial. | brought to trial. | ||
+ | |||
(d) Juveniles and persons who are mentally disordered or otherwise mentally | (d) Juveniles and persons who are mentally disordered or otherwise mentally | ||
vulnerable | vulnerable | ||
- | 10.11AThe information required in paragraph 10.11 must not be given to a suspect who is a | + | |
+ | 10.11A 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 | juvenile or who is mentally disordered or otherwise mentally vulnerable unless the | ||
appropriate adult is present. | appropriate adult is present. | ||
+ | |||
10.12 If a juvenile or a person who is mentally disordered or otherwise mentally vulnerable is | 10.12 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 | cautioned in the absence of the appropriate adult, the caution must be repeated in the | ||
adult's presence. | adult's presence. | ||
+ | |||
10.12ANot used. | 10.12ANot used. | ||
(e) Documentation | (e) Documentation | ||
+ | |||
10.13 A record shall be made when a caution is given under this section, either in the | 10.13 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. | interviewer’s report book or in the interview record. | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
10A There must be some reasonable, objective grounds for the suspicion, based on known facts | 10A 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 | or information which are relevant to the likelihood the offence has been committed and the | ||
person to be questioned committed it. | person to be questioned committed it. | ||
+ | |||
10B An arrested person must be given sufficient information to enable them to understand that | 10B 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 | they have been deprived of their liberty and the reason they have been arrested, e.g. when | ||
Line 1712: | Line 1914: | ||
informed of the reason or reasons why the arrest is considered necessary. Vague or | informed of the reason or reasons why the arrest is considered necessary. Vague or | ||
technical language should be avoided. | technical language should be avoided. | ||
+ | |||
10C The restriction on drawing inferences from silence, see Annex C, paragraph 1, does not | 10C 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 | 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. | seeking legal advice if they want, see paragraph 3.21. | ||
+ | |||
10D If it appears a person does not understand the caution, the person giving it should explain it | 10D If it appears a person does not understand the caution, the person giving it should explain it | ||
in their own words. | in their own words. | ||
+ | |||
10E It may be necessary to show to the court that nothing occurred during an interview break or | 10E 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 | 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 | interview or at the beginning of a subsequent interview, the interviewer should summarise | ||
the reason for the break and confirm this with the suspect. | the reason for the break and confirm this with the suspect. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 36 | + | |
10F The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects | 10F 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 | who have been arrested by a constable or an officer of Revenue and Customs and are | ||
Line 1729: | Line 1932: | ||
arrest or who is investigating the offence. They do not apply to any interviews with | arrest or who is investigating the offence. They do not apply to any interviews with | ||
suspects who have not been arrested. | suspects who have not been arrested. | ||
+ | |||
10G Nothing in this Code requires a caution to be given or repeated when informing a person | 10G 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 | 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 | to draw any inferences under the Criminal Justice and Public Order Act 1994, section 34, if | ||
the person was not cautioned. | the person was not cautioned. | ||
+ | |||
11 Interviews - general | 11 Interviews - general | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
11.1A An interview is the questioning of a person regarding their involvement or suspected | 11.1A 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 | involvement in a criminal offence or offences which, under paragraph 10.1, must be carried | ||
Line 1751: | Line 1958: | ||
Transport and Works Act 1992, section 31 do not constitute interviewing for the purpose of | Transport and Works Act 1992, section 31 do not constitute interviewing for the purpose of | ||
this Code. | this Code. | ||
+ | |||
11.1 Following a decision to arrest a suspect, they must not be interviewed about the relevant | 11.1 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 | offence except at a police station or other authorised place of detention, unless the | ||
consequent delay would be likely to: | consequent delay would be likely to: | ||
+ | |||
(a) lead to: | (a) lead to: | ||
interference with, or harm to, evidence connected with an offence; | interference with, or harm to, evidence connected with an offence; | ||
interference with, or physical harm to, other people; or | interference with, or physical harm to, other people; or | ||
serious loss of, or damage to, property; | serious loss of, or damage to, property; | ||
+ | |||
(b) lead to alerting other people suspected of committing an offence but not yet arrested | (b) lead to alerting other people suspected of committing an offence but not yet arrested | ||
for it; or | for it; or | ||
+ | |||
(c) hinder the recovery of property obtained in consequence of the commission of an | (c) hinder the recovery of property obtained in consequence of the commission of an | ||
offence. | offence. | ||
Interviewing in any of these circumstances shall cease once the relevant risk has been | 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. | averted or the necessary questions have been put in order to attempt to avert that risk. | ||
+ | |||
11.2 Immediately prior to the commencement or re-commencement of any interview at a police | 11.2 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 | station or other authorised place of detention, the interviewer should remind the suspect of | ||
Line 1769: | Line 1981: | ||
to be obtained, unless one of the exceptions in paragraph 6.6 applies. It is the interviewer’s | 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. | responsibility to make sure all reminders are recorded in the interview record. | ||
+ | |||
11.3 Not used. | 11.3 Not used. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 37 | + | |
11.4 At the beginning of an interview the interviewer, after cautioning the suspect, see section | 11.4 At the beginning of an interview the interviewer, after cautioning the suspect, see section | ||
10, shall put to them any significant statement or silence which occurred in the presence | 10, shall put to them any significant statement or silence which occurred in the presence | ||
Line 1779: | Line 1990: | ||
11A. The interviewer shall ask the suspect whether they confirm or deny that earlier | 11A. The interviewer shall ask the suspect whether they confirm or deny that earlier | ||
statement or silence and if they want to add anything. | statement or silence and if they want to add anything. | ||
+ | |||
11.4A A significant statement is one which appears capable of being used in evidence against the | 11.4A 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 | suspect, in particular a direct admission of guilt. A significant silence is a failure or refusal | ||
Line 1784: | Line 1996: | ||
the restriction on drawing adverse inferences from silence, see Annex C, give rise to an | 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. | inference under the Criminal Justice and Public Order Act 1994, Part III. | ||
+ | |||
11.5 No interviewer may try to obtain answers or elicit a statement by the use of oppression. | 11.5 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 | Except as in paragraph 10.9, no interviewer shall indicate, except to answer a direct | ||
Line 1791: | Line 2004: | ||
interviewer may inform them what action the police propose to take provided that action is | interviewer may inform them what action the police propose to take provided that action is | ||
itself proper and warranted. | itself proper and warranted. | ||
+ | |||
11.6 The interview or further interview of a person about an offence with which that person has | 11.6 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 | not been charged or for which they have not been informed they may be prosecuted, must | ||
cease when: | cease when: | ||
+ | |||
(a) the officer in charge of the investigation is satisfied all the questions they consider | (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 | relevant to obtaining accurate and reliable information about the offence have been | ||
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innocent explanation and asking questions to test if the explanation is accurate and | 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; | 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 | (b) the officer in charge of the investigation has taken account of any other available | ||
evidence; and | evidence; and | ||
+ | |||
(c) the officer in charge of the investigation, or in the case of a detained suspect, the | (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 | custody officer, see paragraph 16.1, reasonably believes there is sufficient evidence | ||
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provisions of the Criminal Justice Act 1988 or the Drug Trafficking Act 1994 from inviting | 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. | suspects to complete a formal question and answer record after the interview is concluded. | ||
+ | |||
(b) Interview records | (b) Interview records | ||
- | 11.7 (a) An accurate record must be made of each interview, whether or not the interview | + | |
+ | 11.7 | ||
+ | (a) An accurate record must be made of each interview, whether or not the interview | ||
takes place at a police station. | takes place at a police station. | ||
+ | |||
(b) The record must state the place of interview, the time it begins and ends, any | (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 | 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 | 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. | 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 | (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 | 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 | constitute either a verbatim record of what has been said or, failing this, an account of | ||
the interview which adequately and accurately summarises it. | the interview which adequately and accurately summarises it. | ||
+ | |||
11.8 If a written record is not made during the interview it must be made as soon as practicable | 11.8 If a written record is not made during the interview it must be made as soon as practicable | ||
after its completion. | after its completion. | ||
+ | |||
11.9 Written interview records must be timed and signed by the maker. | 11.9 Written interview records must be timed and signed by the maker. | ||
+ | |||
11.10 If a written record is not completed during the interview the reason must be recorded in the | 11.10 If a written record is not completed during the interview the reason must be recorded in the | ||
interview record. | interview record. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 38 | + | |
11.11 Unless it is impracticable, the person interviewed shall be given the opportunity to read the | 11.11 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 | interview record and to sign it as correct or to indicate how they consider it inaccurate. If | ||
Line 1832: | Line 2055: | ||
or make their mark or to indicate how they consider it inaccurate. The interviewer shall | 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. | certify on the interview record itself what has occurred. See Note 11E. | ||
+ | |||
11.12 If the appropriate adult or the person’s solicitor is present during the interview, they should | 11.12 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 | also be given an opportunity to read and sign the interview record or any written statement | ||
taken down during the interview. | taken down during the interview. | ||
+ | |||
11.13 A record shall be made of any comments made by a suspect, including unsolicited | 11.13 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 | comments, which are outside the context of an interview but which might be relevant to the | ||
Line 1840: | Line 2065: | ||
suspect shall be given the opportunity to read that record and to sign it as correct or to | 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. | indicate how they consider it inaccurate. See Note 11E. | ||
+ | |||
11.14 Any refusal by a person to sign an interview record when asked in accordance with this | 11.14 Any refusal by a person to sign an interview record when asked in accordance with this | ||
Code must itself be recorded. | Code must itself be recorded. | ||
+ | |||
(c) Juveniles and mentally disordered or otherwise mentally vulnerable people | (c) Juveniles and mentally disordered or otherwise mentally vulnerable people | ||
+ | |||
11.15 A juvenile or person who is mentally disordered or otherwise mentally vulnerable must not | 11.15 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 | be interviewed regarding their involvement or suspected involvement in a criminal offence | ||
Line 1848: | Line 2076: | ||
interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20 | interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20 | ||
apply. See Note 11C. | apply. See Note 11C. | ||
+ | |||
11.16 Juveniles may only be interviewed at their place of education in exceptional circumstances | 11.16 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 | and only when the principal or their nominee agrees. Every effort should be made to notify | ||
Line 1856: | Line 2085: | ||
the juvenile is suspected of an offence against the educational establishment, the principal | 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. | or their nominee can act as the appropriate adult for the purposes of the interview. | ||
+ | |||
11.17 If an appropriate adult is present at an interview, they shall be informed: | 11.17 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 they are not expected to act simply as an observer; and | ||
Line 1862: | Line 2092: | ||
observe whether the interview is being conducted properly and fairly; and | observe whether the interview is being conducted properly and fairly; and | ||
facilitate communication with the person being interviewed. | facilitate communication with the person being interviewed. | ||
- | 11.17AThe appropriate adult may be required to leave the interview if their conduct is such that the | + | |
+ | 11.17A 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 | 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 | where the appropriate adult's approach or conduct prevents or unreasonably obstructs | ||
Line 1875: | Line 2106: | ||
they decide it should, another appropriate adult must be obtained before the interview | they decide it should, another appropriate adult must be obtained before the interview | ||
continues, unless the provisions of paragraph 11.18 below apply. | continues, unless the provisions of paragraph 11.18 below apply. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 39 | + | |
(d) Vulnerable suspects - urgent interviews at police stations | (d) Vulnerable suspects - urgent interviews at police stations | ||
+ | |||
11.18 The following interviews may take place only if an officer of superintendent rank or above | 11.18 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), | 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 | and is satisfied the interview would not significantly harm the person’s physical or mental | ||
state (see Annex G): | state (see Annex G): | ||
+ | |||
(a) an interview of a detained juvenile or person who is mentally disordered or otherwise | (a) an interview of a detained juvenile or person who is mentally disordered or otherwise | ||
mentally vulnerable without the appropriate adult being present; | mentally vulnerable without the appropriate adult being present; | ||
+ | |||
(b) an interview of anyone detained other than in (a) who appears unable to: | (b) an interview of anyone detained other than in (a) who appears unable to: | ||
appreciate the significance of questions and their answers; or | appreciate the significance of questions and their answers; or | ||
understand what is happening because of the effects of drink, drugs or any illness, | understand what is happening because of the effects of drink, drugs or any illness, | ||
ailment or condition; | ailment or condition; | ||
+ | |||
(c) an interview, without an interpreter having been arranged, of a detained person whom | (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) | the custody officer has determined requires an interpreter (see paragraphs 3.5(c)(ii) | ||
Line 1895: | Line 2129: | ||
sufficient to enable the necessary questions to be asked and answered in order to | sufficient to enable the necessary questions to be asked and answered in order to | ||
avert the consequences. See paragraphs 13.2 and 13.5. | avert the consequences. See paragraphs 13.2 and 13.5. | ||
+ | |||
11.19 These interviews may not continue once sufficient information has been obtained to avert | 11.19 These interviews may not continue once sufficient information has been obtained to avert | ||
the consequences in paragraph 11.1(a) to (c). | the consequences in paragraph 11.1(a) to (c). | ||
+ | |||
11.20 A record shall be made of the grounds for any decision to interview a person under | 11.20 A record shall be made of the grounds for any decision to interview a person under | ||
paragraph 11.18. | paragraph 11.18. | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
11ZA The requirement in paragraph 11.1A for a suspect to be given sufficient information about | 11ZA 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. | the offence applies prior to the interview and whether or not they are legally represented. | ||
Line 1907: | Line 2144: | ||
being confused or unclear about what they are supposed to have done and to help an | 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. | innocent suspect to clear the matter up more quickly. | ||
+ | |||
11A Paragraph 11.4 does not prevent the interviewer from putting significant statements and | 11A 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. | silences to a suspect again at a later stage or a further interview. | ||
+ | |||
11B The Criminal Procedure and Investigations Act 1996 Code of Practice, paragraph 3.5 states | 11B 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 | ‘In conducting an investigation, the investigator should pursue all reasonable lines of | ||
Line 1914: | Line 2153: | ||
depend on the particular circumstances.’ Interviewers should keep this in mind when | depend on the particular circumstances.’ Interviewers should keep this in mind when | ||
deciding what questions to ask in an interview. | deciding what questions to ask in an interview. | ||
+ | |||
11C Although juveniles or people who are mentally disordered or otherwise mentally vulnerable | 11C 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 | are often capable of providing reliable evidence, they may, without knowing or wishing to do | ||
Line 1922: | Line 2162: | ||
evidence it is also important to obtain corroboration of any facts admitted whenever | evidence it is also important to obtain corroboration of any facts admitted whenever | ||
possible. | possible. | ||
+ | |||
11D Juveniles should not be arrested at their place of education unless this is unavoidable. | 11D 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 | When a juvenile is arrested at their place of education, the principal or their nominee must | ||
be informed. | be informed. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 40 | + | |
11E Significant statements described in paragraph 11.4 will always be relevant to the offence | 11E 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 | and must be recorded. When a suspect agrees to read records of interviews and other | ||
Line 1935: | Line 2174: | ||
disagreement and ask the suspect to read these details and sign them to the effect that | 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. | they accurately reflect their disagreement. Any refusal to sign should be recorded. | ||
+ | |||
11F The appropriate adult may intervene if they consider it is necessary to help the suspect | 11F 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 | understand any question asked and to help the suspect to answer any question. Paragraph | ||
+ | |||
11.17A only applies if the appropriate adult’s approach or conduct prevents or | 11.17A 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 | unreasonably obstructs proper questions being put to the suspect or the suspect’s | ||
Line 1945: | Line 2186: | ||
happening and give the suspect’s solicitor (if they have one) who witnessed what | happening and give the suspect’s solicitor (if they have one) who witnessed what | ||
happened, an opportunity to comment. | happened, an opportunity to comment. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 41 | + | |
12 Interviews in police stations | 12 Interviews in police stations | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
12.1 If a police officer wants to interview or conduct enquiries which require the presence of a | 12.1 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 | detainee, the custody officer is responsible for deciding whether to deliver the detainee into | ||
Line 1956: | Line 2197: | ||
they return the detainee to the custody officer when they must report the manner in which | 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. | they complied with the Code whilst having custody of the detainee. | ||
+ | |||
12.2 Except as below, in any period of 24 hours a detainee must be allowed a continuous period | 12.2 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 | of at least 8 hours for rest, free from questioning, travel or any interruption in connection | ||
Line 1974: | Line 2216: | ||
If the period is interrupted in accordance with (a), a fresh period must be allowed. | If the period is interrupted in accordance with (a), a fresh period must be allowed. | ||
Interruptions under (b) and (c) do not require a fresh period to be allowed. | Interruptions under (b) and (c) do not require a fresh period to be allowed. | ||
+ | |||
12.3 Before a detainee is interviewed, the custody officer, in consultation with the officer in | 12.3 Before a detainee is interviewed, the custody officer, in consultation with the officer in | ||
charge of the investigation and appropriate healthcare professionals as necessary, shall | charge of the investigation and appropriate healthcare professionals as necessary, shall | ||
Line 1984: | Line 2227: | ||
during an interview and these persons may not be interviewed except in accordance with | during an interview and these persons may not be interviewed except in accordance with | ||
paragraphs 11.18 to 11.20. | paragraphs 11.18 to 11.20. | ||
+ | |||
12.4 As far as practicable interviews shall take place in interview rooms which are adequately | 12.4 As far as practicable interviews shall take place in interview rooms which are adequately | ||
heated, lit and ventilated. | heated, lit and ventilated. | ||
+ | |||
12.5 A suspect whose detention without charge has been authorised under PACE because the | 12.5 A suspect whose detention without charge has been authorised under PACE because the | ||
detention is necessary for an interview to obtain evidence of the offence for which they | detention is necessary for an interview to obtain evidence of the offence for which they | ||
Line 1996: | Line 2241: | ||
may take place in the cell and that their failure or refusal to co-operate may be given in | may take place in the cell and that their failure or refusal to co-operate may be given in | ||
evidence. The suspect shall then be invited to co-operate and go into the interview room. | evidence. The suspect shall then be invited to co-operate and go into the interview room. | ||
+ | |||
12.6 People being questioned or making statements shall not be required to stand. | 12.6 People being questioned or making statements shall not be required to stand. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 42 | + | |
12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify | 12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify | ||
themselves and any other persons present to the interviewee. | themselves and any other persons present to the interviewee. | ||
+ | |||
12.8 Breaks from interviewing should be made at recognised meal times or at other times that | 12.8 Breaks from interviewing should be made at recognised meal times or at other times that | ||
take account of when an interviewee last had a meal. Short refreshment breaks shall be | take account of when an interviewee last had a meal. Short refreshment breaks shall be | ||
Line 2012: | Line 2257: | ||
(iii) otherwise prejudice the outcome of the investigation. | (iii) otherwise prejudice the outcome of the investigation. | ||
See Note 12B | See Note 12B | ||
+ | |||
12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the | 12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the | ||
provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee | provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee | ||
Line 2017: | Line 2263: | ||
(i) record the matter in the interview record; and | (i) record the matter in the interview record; and | ||
(ii) inform the custody officer, who is then responsible for dealing with it as in section 9. | (ii) inform the custody officer, who is then responsible for dealing with it as in section 9. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
12.10 A record must be made of the: | 12.10 A record must be made of the: | ||
time a detainee is not in the custody of the custody officer, and why | time a detainee is not in the custody of the custody officer, and why | ||
reason for any refusal to deliver the detainee out of that custody. | reason for any refusal to deliver the detainee out of that custody. | ||
+ | |||
12.11 A record shall be made of: | 12.11 A record shall be made of: | ||
(a) the reasons it was not practicable to use an interview room; and | (a) the reasons it was not practicable to use an interview room; and | ||
Line 2027: | Line 2276: | ||
whilst an interview record is being kept, with a brief reference to this effect in the custody | whilst an interview record is being kept, with a brief reference to this effect in the custody | ||
record. | record. | ||
+ | |||
12.12 Any decision to delay a break in an interview must be recorded, with reasons, in the | 12.12 Any decision to delay a break in an interview must be recorded, with reasons, in the | ||
interview record. | interview record. | ||
+ | |||
12.13 All written statements made at police stations under caution shall be written on forms | 12.13 All written statements made at police stations under caution shall be written on forms | ||
provided for the purpose. | provided for the purpose. | ||
+ | |||
12.14 All written statements made under caution shall be taken in accordance with Annex D. | 12.14 All written statements made under caution shall be taken in accordance with Annex D. | ||
Before a person makes a written statement under caution at a police station, they shall be | Before a person makes a written statement under caution at a police station, they shall be | ||
reminded about the right to legal advice. See Note 12A. | reminded about the right to legal advice. See Note 12A. | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
12A It is not normally necessary to ask for a written statement if the interview was recorded in | 12A It is not normally necessary to ask for a written statement if the interview was recorded in | ||
writing and the record signed in accordance with paragraph 11.11 or audibly or visually | writing and the record signed in accordance with paragraph 11.11 or audibly or visually | ||
Line 2040: | Line 2293: | ||
taken in these circumstances only at the person's express wish. A person may however be | taken in these circumstances only at the person's express wish. A person may however be | ||
asked if they want to make such a statement. | asked if they want to make such a statement. | ||
+ | |||
12B Meal breaks should normally last at least 45 minutes and shorter breaks after two hours | 12B Meal breaks should normally last at least 45 minutes and shorter breaks after two hours | ||
should last at least 15 minutes. If the interviewer delays a break in accordance with | should last at least 15 minutes. If the interviewer delays a break in accordance with | ||
Line 2046: | Line 2300: | ||
reduced if there are reasonable grounds to believe this is necessary to avoid any of the | reduced if there are reasonable grounds to believe this is necessary to avoid any of the | ||
consequences in paragraph 12.8(i) to (iii). | consequences in paragraph 12.8(i) to (iii). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 43 | + | |
13 Interpreters | 13 Interpreters | ||
+ | |||
(a) General | (a) General | ||
+ | |||
13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide | 13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide | ||
appropriately qualified independent persons to act as interpreters and to provide | appropriately qualified independent persons to act as interpreters and to provide | ||
Line 2067: | Line 2321: | ||
establish effective communication with that person. See paragraph 13.1C below if the | establish effective communication with that person. See paragraph 13.1C below if the | ||
person is in Wales. | person is in Wales. | ||
+ | |||
13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), | 13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), | ||
13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other | 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other | ||
Line 2073: | Line 2328: | ||
suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow livelink | suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow livelink | ||
interpretation to be used. | interpretation to be used. | ||
+ | |||
13.1A The arrangements must comply with the minimum requirements set out in Directive | 13.1A The arrangements must comply with the minimum requirements set out in Directive | ||
2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right | 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right | ||
Line 2078: | Line 2334: | ||
this Code implement the requirements for those to whom this Code applies. These | this Code implement the requirements for those to whom this Code applies. These | ||
requirements include the following: | requirements include the following: | ||
+ | |||
That the arrangements made and the quality of interpretation and translation provided | That the arrangements made and the quality of interpretation and translation provided | ||
shall be sufficient to ‘safeguard the fairness of the proceedings, in particular by ensuring | shall be sufficient to ‘safeguard the fairness of the proceedings, in particular by ensuring | ||
Line 2088: | Line 2345: | ||
would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N | would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N | ||
for application to live-link interpretation. | for application to live-link interpretation. | ||
+ | |||
The provision of a written translation of all documents considered essential for the | The provision of a written translation of all documents considered essential for the | ||
person to exercise their right of defence and to ‘safeguard the fairness of the | person to exercise their right of defence and to ‘safeguard the fairness of the | ||
Line 2094: | Line 2352: | ||
the person has been charged or for which they have been told they may be prosecuted, | the person has been charged or for which they have been told they may be prosecuted, | ||
see Annex M. | see Annex M. | ||
+ | |||
Procedures to help determine: | Procedures to help determine: | ||
whether a suspect can speak and understand English and needs the assistance of | whether a suspect can speak and understand English and needs the assistance of | ||
Line 2100: | Line 2359: | ||
provided when a suspect complains about the quality of either or both, see | provided when a suspect complains about the quality of either or both, see | ||
paragraphs 13.10A and 13.10C. | paragraphs 13.10A and 13.10C. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 44 | + | |
13.1B All reasonable attempts should be made to make the suspect understand that interpretation | 13.1B All reasonable attempts should be made to make the suspect understand that interpretation | ||
and translation will be provided at public expense. | and translation will be provided at public expense. | ||
+ | |||
13.1C With regard to persons in Wales, nothing in this or any other Code affects the application of | 13.1C With regard to persons in Wales, nothing in this or any other Code affects the application of | ||
the Welsh Language Schemes produced by police and crime commissioners in Wales in | the Welsh Language Schemes produced by police and crime commissioners in Wales in | ||
accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1. | accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1. | ||
(b) Interviewing suspects - foreign languages | (b) Interviewing suspects - foreign languages | ||
+ | |||
13.2 Unless paragraphs 11.1 or 11.18(c) apply, a suspect who for the purposes of this Code | 13.2 Unless paragraphs 11.1 or 11.18(c) apply, a suspect who for the purposes of this Code | ||
requires an interpreter because they do not appear to speak or understand English (see | requires an interpreter because they do not appear to speak or understand English (see | ||
paragraphs 3.5(c)(ii) and 3.12) must not be interviewed unless arrangements are made for | paragraphs 3.5(c)(ii) and 3.12) must not be interviewed unless arrangements are made for | ||
a person capable of interpreting to assist the suspect to understand and communicate. | a person capable of interpreting to assist the suspect to understand and communicate. | ||
+ | |||
13.2A If a person who is a juvenile or is mentally disordered or mentally vulnerable is interviewed | 13.2A If a person who is a juvenile or is mentally disordered or mentally vulnerable is interviewed | ||
and the person acting as the appropriate adult does not appear to speak or understand | and the person acting as the appropriate adult does not appear to speak or understand | ||
Line 2118: | Line 2378: | ||
the person, the appropriate adult and the interviewer, unless the interview is urgent and | the person, the appropriate adult and the interviewer, unless the interview is urgent and | ||
paragraphs 11.1 or 11.18(c) apply. | paragraphs 11.1 or 11.18(c) apply. | ||
+ | |||
13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall | 13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall | ||
make sure the interpreter makes a note of the interview at the time in the person’s language | make sure the interpreter makes a note of the interview at the time in the person’s language | ||
Line 2127: | Line 2388: | ||
made, the arrangements in Code E or F shall apply. See paragraphs 13.12 to 13.14 and | made, the arrangements in Code E or F shall apply. See paragraphs 13.12 to 13.14 and | ||
Annex N for application to live-link interpretation. | Annex N for application to live-link interpretation. | ||
+ | |||
13.4 In the case of a person making a statement under caution (see Annex D) to a police officer | 13.4 In the case of a person making a statement under caution (see Annex D) to a police officer | ||
or other police staff in a language other than English: | or other police staff in a language other than English: | ||
Line 2140: | Line 2402: | ||
arrangements having been made to provide an independent person capable of interpreting | arrangements having been made to provide an independent person capable of interpreting | ||
or of providing other appropriate assistance. | or of providing other appropriate assistance. | ||
+ | |||
13.6 An interpreter should also be arranged if a person who is a juvenile or who is mentally | 13.6 An interpreter should also be arranged if a person who is a juvenile or who is mentally | ||
disordered or mentally vulnerable is interviewed and the person who is present as the | disordered or mentally vulnerable is interviewed and the person who is present as the | ||
appropriate adult, appears to have a hearing or speech impediment, unless the interview is | appropriate adult, appears to have a hearing or speech impediment, unless the interview is | ||
urgent and paragraphs 11.1 or 11.18(c) apply. | urgent and paragraphs 11.1 or 11.18(c) apply. | ||
+ | |||
13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is | 13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is | ||
allowed to read the record and certify its accuracy in the event of the interpreter being | allowed to read the record and certify its accuracy in the event of the interpreter being | ||
Line 2150: | Line 2414: | ||
See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. | See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. | ||
(d) Additional rules for detained persons | (d) Additional rules for detained persons | ||
+ | |||
13.8 Not used. | 13.8 Not used. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 45 | + | |
13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of | 13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of | ||
language, hearing or speech difficulties, arrangements must be made for an interpreter to | language, hearing or speech difficulties, arrangements must be made for an interpreter to | ||
enable communication. A police officer or any other police staff may not be used for this | enable communication. A police officer or any other police staff may not be used for this | ||
purpose. | purpose. | ||
+ | |||
13.10 After the custody officer has determined that a detainee requires an interpreter (see | 13.10 After the custody officer has determined that a detainee requires an interpreter (see | ||
paragraph 3.5(c)(ii)) and following the initial action in paragraphs 3.1 to 3.5, arrangements | paragraph 3.5(c)(ii)) and following the initial action in paragraphs 3.1 to 3.5, arrangements | ||
Line 2173: | Line 2437: | ||
they may be prosecuted and any other information about the offence given to them by | they may be prosecuted and any other information about the offence given to them by | ||
or on behalf of the custody officer, see paragraphs 16.1 and 16.3. | or on behalf of the custody officer, see paragraphs 16.1 and 16.3. | ||
+ | |||
13.10A If a detainee complains that they are not satisfied with the quality of interpretation, the | 13.10A If a detainee complains that they are not satisfied with the quality of interpretation, the | ||
custody officer or (as the case may be) the interviewer, is responsible for deciding whether | custody officer or (as the case may be) the interviewer, is responsible for deciding whether | ||
Line 2178: | Line 2443: | ||
in the arrangements made by the chief officer, see paragraph 13.1A. | in the arrangements made by the chief officer, see paragraph 13.1A. | ||
(e) Translations of essential documents | (e) Translations of essential documents | ||
- | 13.10BWritten translations, oral translations and oral summaries of essential documents in a | + | |
+ | 13.10B Written translations, oral translations and oral summaries of essential documents in a | ||
language the detainee understands shall be provided in accordance with Annex M | language the detainee understands shall be provided in accordance with Annex M | ||
(Translations of documents and records). | (Translations of documents and records). | ||
+ | |||
13.10CIf a detainee complains that they are not satisfied with the quality of the translation, the | 13.10CIf a detainee complains that they are not satisfied with the quality of the translation, the | ||
custody officer or (as the case may be) the interviewer, is responsible for deciding whether | custody officer or (as the case may be) the interviewer, is responsible for deciding whether | ||
Line 2186: | Line 2453: | ||
arrangements made by the chief officer, see paragraph 13.1A. | arrangements made by the chief officer, see paragraph 13.1A. | ||
(f) Decisions not to provide interpretation and translation. | (f) Decisions not to provide interpretation and translation. | ||
+ | |||
13.10DIf a suspect challenges a decision: | 13.10DIf a suspect challenges a decision: | ||
made by the custody officer or (as the case may be) by the interviewer, in accordance | made by the custody officer or (as the case may be) by the interviewer, in accordance | ||
Line 2196: | Line 2464: | ||
paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview. | paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview. | ||
(g) Documentation | (g) Documentation | ||
+ | |||
13.11 The following must be recorded in the custody record or, as applicable, the interview | 13.11 The following must be recorded in the custody record or, as applicable, the interview | ||
record: | record: | ||
(a) Action taken to arrange for an interpreter, including the live-link requirements in Annex | (a) Action taken to arrange for an interpreter, including the live-link requirements in Annex | ||
N as applicable; | N as applicable; | ||
+ | |||
(b) Action taken when a detainee is not satisfied about the standard of interpretation or | (b) Action taken when a detainee is not satisfied about the standard of interpretation or | ||
translation provided, see paragraphs 13.10A and 13.10C; | translation provided, see paragraphs 13.10A and 13.10C; | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 46 | + | |
(c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in | (c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in | ||
the absence of an interpreter; | the absence of an interpreter; | ||
+ | |||
(d) When a detainee has been assisted by an interpreter for the purpose of providing or | (d) When a detainee has been assisted by an interpreter for the purpose of providing or | ||
being given information or being interviewed; | being given information or being interviewed; | ||
+ | |||
(e) Action taken in accordance with Annex M when: | (e) Action taken in accordance with Annex M when: | ||
a written translation of an essential document is provided; | a written translation of an essential document is provided; | ||
Line 2220: | Line 2490: | ||
the refusal (see Annex M, paragraph 8). | the refusal (see Annex M, paragraph 8). | ||
(h) Live-link interpretation | (h) Live-link interpretation | ||
+ | |||
13.12 In this section and in Annex N, ‘live-link interpretation’ means an arrangement to enable | 13.12 In this section and in Annex N, ‘live-link interpretation’ means an arrangement to enable | ||
communication between the suspect and an interpreter who is not physically present with | communication between the suspect and an interpreter who is not physically present with | ||
Line 2227: | Line 2498: | ||
means for the purpose of an interview, and for all other purposes it may be either; by audio | means for the purpose of an interview, and for all other purposes it may be either; by audio | ||
and visual means, or by audio means only, as follows: | and visual means, or by audio means only, as follows: | ||
+ | |||
(a) Audio and visual communication | (a) Audio and visual communication | ||
This applies for the purposes of an interview conducted and recorded in accordance | This applies for the purposes of an interview conducted and recorded in accordance | ||
Line 2236: | Line 2508: | ||
(ii) the interview to be conducted and recorded in accordance with the provisions of | (ii) the interview to be conducted and recorded in accordance with the provisions of | ||
Codes C, E and F, subject to the modifications in Part 2 of Annex N. | Codes C, E and F, subject to the modifications in Part 2 of Annex N. | ||
+ | |||
(b) Audio and visual or audio without visual communication. | (b) Audio and visual or audio without visual communication. | ||
This applies to communication for the purposes of any provision of this or any other | This applies to communication for the purposes of any provision of this or any other | ||
Line 2249: | Line 2522: | ||
in accordance with the provisions of this or any other Code that apply to that | in accordance with the provisions of this or any other Code that apply to that | ||
information, as modified for the purposes of the live-link, by Part 2 of Annex N. | information, as modified for the purposes of the live-link, by Part 2 of Annex N. | ||
+ | |||
13.12A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must | 13.12A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must | ||
enable compliance with the relevant provisions of the Codes C, E and F, means that the | enable compliance with the relevant provisions of the Codes C, E and F, means that the | ||
Line 2255: | Line 2529: | ||
delay so that the suspect can be invited to read, check and if appropriate, sign or otherwise | delay so that the suspect can be invited to read, check and if appropriate, sign or otherwise | ||
confirm that the record is correct or make corrections to the record. | confirm that the record is correct or make corrections to the record. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 47 | + | |
13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the | 13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the | ||
purposes of paragraphs 3.12(a) and (b), provides for accurate and secure communication | purposes of paragraphs 3.12(a) and (b), provides for accurate and secure communication | ||
Line 2267: | Line 2539: | ||
consultation between a suspect and their solicitor and appropriate adult (see paragraphs | consultation between a suspect and their solicitor and appropriate adult (see paragraphs | ||
13.2A, 13.6 and 13.9) is maintained.. See Annex N paragraph 4. | 13.2A, 13.6 and 13.9) is maintained.. See Annex N paragraph 4. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
13A Chief officers have discretion when determining the individuals or organisations they use to | 13A Chief officers have discretion when determining the individuals or organisations they use to | ||
provide interpretation and translation services for their forces provided that these are | provide interpretation and translation services for their forces provided that these are | ||
Line 2273: | Line 2547: | ||
wish to consider is the Ministry of Justice commercial agreements for interpretation and | wish to consider is the Ministry of Justice commercial agreements for interpretation and | ||
translation services. | translation services. | ||
+ | |||
13B A procedure for determining whether a person needs an interpreter might involve a | 13B A procedure for determining whether a person needs an interpreter might involve a | ||
telephone interpreter service or using cue cards or similar visual aids which enable the | telephone interpreter service or using cue cards or similar visual aids which enable the | ||
Line 2278: | Line 2553: | ||
language. This could be confirmed through an interpreter who could also assess the extent | language. This could be confirmed through an interpreter who could also assess the extent | ||
to which the person can speak and understand English. | to which the person can speak and understand English. | ||
+ | |||
13C There should also be a procedure for determining whether a suspect who requires an | 13C There should also be a procedure for determining whether a suspect who requires an | ||
interpreter requires assistance in accordance with paragraph 3.20 to help them check and if | interpreter requires assistance in accordance with paragraph 3.20 to help them check and if | ||
applicable, sign any documentation. | applicable, sign any documentation. | ||
+ | |||
14 Questioning - special restrictions | 14 Questioning - special restrictions | ||
+ | |||
14.1 If a person is arrested by one police force on behalf of another and the lawful period of | 14.1 If a person is arrested by one police force on behalf of another and the lawful period of | ||
detention in respect of that offence has not yet commenced in accordance with PACE, | detention in respect of that offence has not yet commenced in accordance with PACE, | ||
section 41, no questions may be put to them about the offence while they are in transit | section 41, no questions may be put to them about the offence while they are in transit | ||
between the forces except to clarify any voluntary statement they make. | between the forces except to clarify any voluntary statement they make. | ||
+ | |||
14.2 If a person is in police detention at a hospital, they may not be questioned without the | 14.2 If a person is in police detention at a hospital, they may not be questioned without the | ||
agreement of a responsible doctor. See Note 14A. | agreement of a responsible doctor. See Note 14A. | ||
+ | |||
Note for Guidance | Note for Guidance | ||
+ | |||
14A If questioning takes place at a hospital under paragraph 14.2, or on the way to or from a | 14A If questioning takes place at a hospital under paragraph 14.2, or on the way to or from a | ||
hospital, the period of questioning concerned counts towards the total period of detention | hospital, the period of questioning concerned counts towards the total period of detention | ||
permitted. | permitted. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 48 | + | |
15 Reviews and extensions of detention | 15 Reviews and extensions of detention | ||
(a) Persons detained under PACE | (a) Persons detained under PACE | ||
+ | |||
15.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging | 15.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging | ||
the lawfulness of the detainee’s arrest and detention must be made available to the | the lawfulness of the detainee’s arrest and detention must be made available to the | ||
detainee or their solicitor, applies for the purposes of this section as follows: | detainee or their solicitor, applies for the purposes of this section as follows: | ||
+ | |||
(a) The officer reviewing the need for detention without charge (PACE, section 40), or (as | (a) The officer reviewing the need for detention without charge (PACE, section 40), or (as | ||
the case may be) the officer considering the need to extend detention without charge | the case may be) the officer considering the need to extend detention without charge | ||
Line 2305: | Line 2586: | ||
investigating officer, for deciding which documents and materials are essential and | investigating officer, for deciding which documents and materials are essential and | ||
must be made available. | must be made available. | ||
+ | |||
(b) When paragraph 15.7A applies (application for a warrant of further detention or | (b) When paragraph 15.7A applies (application for a warrant of further detention or | ||
extension of such a warrant), the officer making the application is responsible for | extension of such a warrant), the officer making the application is responsible for | ||
deciding which documents and materials are essential and must be made available | deciding which documents and materials are essential and must be made available | ||
before the hearing. See Note 3ZA. | before the hearing. See Note 3ZA. | ||
+ | |||
15.1 The review officer is responsible under PACE, section 40 for periodically determining if a | 15.1 The review officer is responsible under PACE, section 40 for periodically determining if a | ||
person's detention, before or after charge, continues to be necessary. This requirement | person's detention, before or after charge, continues to be necessary. This requirement | ||
continues throughout the detention period and, except as in paragraph 15.10, the review | continues throughout the detention period and, except as in paragraph 15.10, the review | ||
officer must be present at the police station holding the detainee. See Notes 15A and 15B. | officer must be present at the police station holding the detainee. See Notes 15A and 15B. | ||
+ | |||
15.2 Under PACE, section 42, an officer of superintendent rank or above who is responsible for | 15.2 Under PACE, section 42, an officer of superintendent rank or above who is responsible for | ||
the station holding the detainee may give authority any time after the second review to | the station holding the detainee may give authority any time after the second review to | ||
Line 2318: | Line 2602: | ||
Further detention without charge may be authorised only by a magistrates’ court in | Further detention without charge may be authorised only by a magistrates’ court in | ||
accordance with PACE, sections 43 and 44. See Notes 15C, 15D and 15E. | accordance with PACE, sections 43 and 44. See Notes 15C, 15D and 15E. | ||
+ | |||
15.2A An authorisation under section 42(1) of PACE extends the maximum period of detention | 15.2A An authorisation under section 42(1) of PACE extends the maximum period of detention | ||
permitted before charge for indictable offences from 24 hours to 36 hours. Detaining a | permitted before charge for indictable offences from 24 hours to 36 hours. Detaining a | ||
Line 2327: | Line 2612: | ||
(c) the need to consult and consider the views of any appropriate adult; and | (c) the need to consult and consider the views of any appropriate adult; and | ||
(d) any alternatives to police custody. | (d) any alternatives to police custody. | ||
+ | |||
15.3 Before deciding whether to authorise continued detention the officer responsible under | 15.3 Before deciding whether to authorise continued detention the officer responsible under | ||
paragraph 15.1 or 15.2 shall give an opportunity to make representations about the | paragraph 15.1 or 15.2 shall give an opportunity to make representations about the | ||
Line 2334: | Line 2620: | ||
(b) the detainee's solicitor if available at the time; and | (b) the detainee's solicitor if available at the time; and | ||
(c) the appropriate adult if available at the time. | (c) the appropriate adult if available at the time. | ||
+ | |||
See Note 15CA | See Note 15CA | ||
+ | |||
15.3A Other people having an interest in the detainee’s welfare may also make representations at | 15.3A Other people having an interest in the detainee’s welfare may also make representations at | ||
the authorising officer's discretion. | the authorising officer's discretion. | ||
+ | |||
15.3B Subject to paragraph 15.10, the representations may be made orally in person or by | 15.3B Subject to paragraph 15.10, the representations may be made orally in person or by | ||
telephone or in writing. The authorising officer may, however, refuse to hear oral | telephone or in writing. The authorising officer may, however, refuse to hear oral | ||
representations from the detainee if the officer considers them unfit to make | representations from the detainee if the officer considers them unfit to make | ||
representations because of their condition or behaviour. See Note 15C. | representations because of their condition or behaviour. See Note 15C. | ||
+ | |||
15.3C The decision on whether the review takes place in person or by telephone or by video | 15.3C The decision on whether the review takes place in person or by telephone or by video | ||
conferencing (see Note 15G) is a matter for the review officer. In determining the form the | conferencing (see Note 15G) is a matter for the review officer. In determining the form the | ||
review may take, the review officer must always take full account of the needs of the person | review may take, the review officer must always take full account of the needs of the person | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 49 | ||
in custody. The benefits of carrying out a review in person should always be considered, | in custody. The benefits of carrying out a review in person should always be considered, | ||
based on the individual circumstances of each case with specific additional consideration if | based on the individual circumstances of each case with specific additional consideration if | ||
the person is: | the person is: | ||
+ | |||
(a) a juvenile (and the age of the juvenile); or | (a) a juvenile (and the age of the juvenile); or | ||
+ | |||
(b) suspected of being mentally vulnerable; or | (b) suspected of being mentally vulnerable; or | ||
+ | |||
(c) in need of medical attention for other than routine minor ailments; or | (c) in need of medical attention for other than routine minor ailments; or | ||
+ | |||
(d) subject to presentational or community issues around their detention. | (d) subject to presentational or community issues around their detention. | ||
+ | |||
+ | |||
15.4 Before conducting a review or determining whether to extend the maximum period of | 15.4 Before conducting a review or determining whether to extend the maximum period of | ||
detention without charge, the officer responsible must make sure the detainee is reminded | detention without charge, the officer responsible must make sure the detainee is reminded | ||
of their entitlement to free legal advice, see paragraph 6.5, unless in the case of a review | of their entitlement to free legal advice, see paragraph 6.5, unless in the case of a review | ||
the person is asleep. | the person is asleep. | ||
+ | |||
15.5 If, after considering any representations, the review officer under paragraph 15.1 decides to | 15.5 If, after considering any representations, the review officer under paragraph 15.1 decides to | ||
keep the detainee in detention or the superintendent under paragraph 15.2 extends the | keep the detainee in detention or the superintendent under paragraph 15.2 extends the | ||
Line 2363: | Line 2657: | ||
by the detainee shall be recorded. If applicable, the officer shall be informed of the | by the detainee shall be recorded. If applicable, the officer shall be informed of the | ||
comment as soon as practicable. See also paragraphs 11.4 and 11.13. | comment as soon as practicable. See also paragraphs 11.4 and 11.13. | ||
+ | |||
15.6 No officer shall put specific questions to the detainee: | 15.6 No officer shall put specific questions to the detainee: | ||
regarding their involvement in any offence; or | regarding their involvement in any offence; or | ||
Line 2372: | Line 2667: | ||
subject to the associated safeguards in section 11 and, in respect of a person who has | subject to the associated safeguards in section 11 and, in respect of a person who has | ||
been charged, paragraph 16.5. See also paragraph 11.13. | been charged, paragraph 16.5. See also paragraph 11.13. | ||
+ | |||
15.7 A detainee who is asleep at a review, see paragraph 15.1, and whose continued detention | 15.7 A detainee who is asleep at a review, see paragraph 15.1, and whose continued detention | ||
is authorised must be informed about the decision and reason as soon as practicable after | is authorised must be informed about the decision and reason as soon as practicable after | ||
waking. | waking. | ||
+ | |||
15.7A When an application is made to a magistrates’ court under PACE, section 43 for a warrant | 15.7A When an application is made to a magistrates’ court under PACE, section 43 for a warrant | ||
of further detention to extend detention without charge of a person arrested for an indictable | of further detention to extend detention without charge of a person arrested for an indictable | ||
Line 2394: | Line 2691: | ||
arrested and that the investigation is being conducted diligently and expeditiously. | arrested and that the investigation is being conducted diligently and expeditiously. | ||
See paragraph 15.0(b). | See paragraph 15.0(b). | ||
+ | |||
15.8 Not used. | 15.8 Not used. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 50 | + | |
(b) Review of detention by telephone and video conferencing facilities | (b) Review of detention by telephone and video conferencing facilities | ||
15.9 PACE, section 40A provides that the officer responsible under section 40 for reviewing the | 15.9 PACE, section 40A provides that the officer responsible under section 40 for reviewing the | ||
detention of a person who has not been charged, need not attend the police station holding | detention of a person who has not been charged, need not attend the police station holding | ||
the detainee and may carry out the review by telephone. | the detainee and may carry out the review by telephone. | ||
+ | |||
15.9A PACE, section 45A(2) provides that the officer responsible under section 40 for reviewing | 15.9A PACE, section 45A(2) provides that the officer responsible under section 40 for reviewing | ||
the detention of a person who has not been charged, need not attend the police station | the detention of a person who has not been charged, need not attend the police station | ||
holding the detainee and may carry out the review by video conferencing facilities. See | holding the detainee and may carry out the review by video conferencing facilities. See | ||
Note 15G. | Note 15G. | ||
+ | |||
15.9B A telephone review is not permitted where facilities for review by video conferencing exist | 15.9B A telephone review is not permitted where facilities for review by video conferencing exist | ||
and it is practicable to use them. | and it is practicable to use them. | ||
+ | |||
15.9C The review officer can decide at any stage that a telephone review or review by video | 15.9C The review officer can decide at any stage that a telephone review or review by video | ||
conferencing should be terminated and that the review will be conducted in person. The | conferencing should be terminated and that the review will be conducted in person. The | ||
reasons for doing so should be noted in the custody record. | reasons for doing so should be noted in the custody record. | ||
See Note 15F. | See Note 15F. | ||
+ | |||
15.10 When a review is carried out by telephone or by video conferencing facilities, an officer at | 15.10 When a review is carried out by telephone or by video conferencing facilities, an officer at | ||
the station holding the detainee shall be required by the review officer to fulfil that officer’s | the station holding the detainee shall be required by the review officer to fulfil that officer’s | ||
Line 2418: | Line 2718: | ||
(b) if applicable, making the record in (a) in the presence of the detainee; and | (b) if applicable, making the record in (a) in the presence of the detainee; and | ||
(c) for a review by telephone, giving the detainee information about the review. | (c) for a review by telephone, giving the detainee information about the review. | ||
+ | |||
15.11 When a review is carried out by telephone or by video conferencing facilities, the | 15.11 When a review is carried out by telephone or by video conferencing facilities, the | ||
requirement in paragraph 15.3 will be satisfied: | requirement in paragraph 15.3 will be satisfied: | ||
Line 2431: | Line 2732: | ||
video conferencing facilities. | video conferencing facilities. | ||
(c) Documentation | (c) Documentation | ||
+ | |||
15.12 It is the officer’s responsibility to make sure all reminders given under paragraph 15.4 are | 15.12 It is the officer’s responsibility to make sure all reminders given under paragraph 15.4 are | ||
noted in the custody record. | noted in the custody record. | ||
+ | |||
15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded. | 15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded. | ||
+ | |||
15.14 When a review is carried out by telephone or video conferencing facilities, a record shall be | 15.14 When a review is carried out by telephone or video conferencing facilities, a record shall be | ||
made of: | made of: | ||
Line 2440: | Line 2744: | ||
(c) the method representations, oral or written, were made to the review officer, see | (c) the method representations, oral or written, were made to the review officer, see | ||
paragraph 15.11. | paragraph 15.11. | ||
+ | |||
15.15 Any written representations shall be retained. | 15.15 Any written representations shall be retained. | ||
+ | |||
15.16 A record shall be made as soon as practicable of: | 15.16 A record shall be made as soon as practicable of: | ||
(a) the outcome of each review of detention before or after charge, and if paragraph 15.7 | (a) the outcome of each review of detention before or after charge, and if paragraph 15.7 | ||
applies, of when the person was informed and by whom; | applies, of when the person was informed and by whom; | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 51 | + | |
(b) the outcome of any determination under PACE, section 42 by a superintendent | (b) the outcome of any determination under PACE, section 42 by a superintendent | ||
whether to extend the maximum period of detention without charge beyond 24 hours | whether to extend the maximum period of detention without charge beyond 24 hours | ||
Line 2459: | Line 2763: | ||
Note: Any period during which a person is released on bail does not count towards the | Note: Any period during which a person is released on bail does not count towards the | ||
maximum period of detention without charge allowed under PACE, sections 41 to 44. | maximum period of detention without charge allowed under PACE, sections 41 to 44. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
15A Review officer for the purposes of: | 15A Review officer for the purposes of: | ||
PACE, sections 40, 40A and 45A means, in the case of a person arrested but not | PACE, sections 40, 40A and 45A means, in the case of a person arrested but not | ||
charged, an officer of at least inspector rank not directly involved in the investigation | charged, an officer of at least inspector rank not directly involved in the investigation | ||
and, if a person has been arrested and charged, the custody officer. | and, if a person has been arrested and charged, the custody officer. | ||
+ | |||
15B The detention of persons in police custody not subject to the statutory review requirement in | 15B The detention of persons in police custody not subject to the statutory review requirement in | ||
paragraph 15.1 should still be reviewed periodically as a matter of good practice. Such | paragraph 15.1 should still be reviewed periodically as a matter of good practice. Such | ||
Line 2472: | Line 2779: | ||
power no longer applies, or their transfer if the power requires the detainee be taken | power no longer applies, or their transfer if the power requires the detainee be taken | ||
elsewhere as soon as the necessary arrangements are made. Examples include persons: | elsewhere as soon as the necessary arrangements are made. Examples include persons: | ||
+ | |||
(a) arrested on warrant because they failed to answer bail to appear at court; | (a) arrested on warrant because they failed to answer bail to appear at court; | ||
+ | |||
(b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted | (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted | ||
after charge; | after charge; | ||
+ | |||
(c) in police custody for specific purposes and periods under the Crime (Sentences) Act | (c) in police custody for specific purposes and periods under the Crime (Sentences) Act | ||
1997, Schedule 1; | 1997, Schedule 1; | ||
+ | |||
(d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service | (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service | ||
under the Imprisonment (Temporary Provisions) Act 1980, section 6; | under the Imprisonment (Temporary Provisions) Act 1980, section 6; | ||
+ | |||
(e) being detained to prevent them causing a breach of the peace; | (e) being detained to prevent them causing a breach of the peace; | ||
+ | |||
(f) detained at police stations on behalf of Immigration Enforcement (formerly the UK | (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK | ||
Immigration Service); | Immigration Service); | ||
+ | |||
(g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section | (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section | ||
152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of | 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of | ||
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end of the period authorised by the court or when the need for their detention by police | end of the period authorised by the court or when the need for their detention by police | ||
ceases, whichever is the sooner. | ceases, whichever is the sooner. | ||
+ | |||
15C In the case of a review of detention, but not an extension, the detainee need not be woken | 15C In the case of a review of detention, but not an extension, the detainee need not be woken | ||
for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest | for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest | ||
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detainee not asleep during the review must be present when the grounds for their continued | detainee not asleep during the review must be present when the grounds for their continued | ||
detention are recorded and must at the same time be informed of those grounds unless the | detention are recorded and must at the same time be informed of those grounds unless the | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 52 | ||
review officer considers the person is incapable of understanding what is said, violent or | review officer considers the person is incapable of understanding what is said, violent or | ||
likely to become violent or in urgent need of medical attention. | likely to become violent or in urgent need of medical attention. | ||
+ | |||
15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them | 15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them | ||
to make representations remotely by telephone or other electronic means or in person by | to make representations remotely by telephone or other electronic means or in person by | ||
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appropriate adult sufficient notice of the time the decision is expected to be made so that | appropriate adult sufficient notice of the time the decision is expected to be made so that | ||
they can make themselves available. | they can make themselves available. | ||
+ | |||
15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of | 15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of | ||
further detention or its extension should be made between 10am and 9pm, and if possible | further detention or its extension should be made between 10am and 9pm, and if possible | ||
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outside normal court hours but between 10am and 9pm, the clerk to the justices should be | outside normal court hours but between 10am and 9pm, the clerk to the justices should be | ||
given notice and informed of this possibility, while the court is sitting if possible. | given notice and informed of this possibility, while the court is sitting if possible. | ||
+ | |||
15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a | 15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a | ||
superintendent or above who, in accordance with their force operational policy or police | superintendent or above who, in accordance with their force operational policy or police | ||
regulations, is given that responsibility on a temporary basis whilst the appointed long-term | regulations, is given that responsibility on a temporary basis whilst the appointed long-term | ||
holder is off duty or otherwise unavailable. | holder is off duty or otherwise unavailable. | ||
+ | |||
15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of | 15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of | ||
detention after charge by the custody officer. When video conferencing is not required, | detention after charge by the custody officer. When video conferencing is not required, | ||
they allow the use of a telephone to carry out a review of detention before charge. The | they allow the use of a telephone to carry out a review of detention before charge. The | ||
procedure under PACE, section 42 must be done in person. | procedure under PACE, section 42 must be done in person. | ||
+ | |||
15G Video conferencing facilities means any facilities (whether a live television link or other | 15G Video conferencing facilities means any facilities (whether a live television link or other | ||
facilities) by means of which the review can be carried out with the review officer, the | facilities) by means of which the review can be carried out with the review officer, the | ||
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other. The use of video conferencing facilities for decisions about detention under section | other. The use of video conferencing facilities for decisions about detention under section | ||
45A of PACE is subject to regulations made by the Secretary of State being in force. | 45A of PACE is subject to regulations made by the Secretary of State being in force. | ||
+ | |||
16 Charging detained persons | 16 Charging detained persons | ||
(a) Action | (a) Action | ||
+ | |||
16.1 When the officer in charge of the investigation reasonably believes there is sufficient | 16.1 When the officer in charge of the investigation reasonably believes there is sufficient | ||
evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6), | evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6), | ||
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presence of the appropriate adult if they are present at the time. | presence of the appropriate adult if they are present at the time. | ||
See Notes 16B and 16C. | See Notes 16B and 16C. | ||
+ | |||
16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is | 16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is | ||
in force the custody officer must comply with that Guidance in deciding how to act in dealing | in force the custody officer must comply with that Guidance in deciding how to act in dealing | ||
with the detainee. See Notes 16AA and 16AB. | with the detainee. See Notes 16AA and 16AB. | ||
+ | |||
16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case | 16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case | ||
should be immediately referred to the CPS to make the charging decision, consultation | should be immediately referred to the CPS to make the charging decision, consultation | ||
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that they are being released to enable the Director of Public Prosecutions to make a | that they are being released to enable the Director of Public Prosecutions to make a | ||
decision under section 37B. | decision under section 37B. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 53 | + | |
16.2 When a detainee is charged with or informed they may be prosecuted for an offence, see | 16.2 When a detainee is charged with or informed they may be prosecuted for an offence, see | ||
Note 16B, they shall, unless the restriction on drawing adverse inferences from silence | Note 16B, they shall, unless the restriction on drawing adverse inferences from silence | ||
Line 2566: | Line 2885: | ||
Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the | Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the | ||
restriction on drawing adverse inferences from silence applies. | restriction on drawing adverse inferences from silence applies. | ||
+ | |||
16.3 When a detainee is charged they shall be given a written notice showing particulars of the | 16.3 When a detainee is charged they shall be given a written notice showing particulars of the | ||
offence and, subject to paragraph 2.6A, the officer’s name and the case reference number. | offence and, subject to paragraph 2.6A, the officer’s name and the case reference number. | ||
Line 2574: | Line 2894: | ||
If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, a copy of | If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, a copy of | ||
the notice should also be given to the appropriate adult. | the notice should also be given to the appropriate adult. | ||
+ | |||
16.4 If, after a detainee has been charged with or informed they may be prosecuted for an | 16.4 If, after a detainee has been charged with or informed they may be prosecuted for an | ||
offence, an officer wants to tell them about any written statement or interview with another | offence, an officer wants to tell them about any written statement or interview with another | ||
Line 2587: | Line 2908: | ||
and | and | ||
(b) remind the detainee about their right to legal advice. | (b) remind the detainee about their right to legal advice. | ||
+ | |||
16.4A If the detainee: | 16.4A If the detainee: | ||
cannot read, the document may be read to them; | cannot read, the document may be read to them; | ||
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(b) remind the detainee about their right to legal advice. | (b) remind the detainee about their right to legal advice. | ||
See Note 16B | See Note 16B | ||
+ | |||
16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult's | 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult's | ||
presence if they are already at the police station. If they are not at the police station then | presence if they are already at the police station. If they are not at the police station then | ||
these provisions must be complied with again in their presence when they arrive unless the | these provisions must be complied with again in their presence when they arrive unless the | ||
detainee has been released. See Note 16C. | detainee has been released. See Note 16C. | ||
+ | |||
16.7 When a juvenile is charged with an offence and the custody officer authorises their | 16.7 When a juvenile is charged with an offence and the custody officer authorises their | ||
continued detention after charge, the custody officer must make arrangements for the | continued detention after charge, the custody officer must make arrangements for the | ||
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(a) for any juvenile; it is impracticable to do so and the reasons why it is impracticable | (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, | 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 | (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 | available and other accommodation would not be adequate to protect the public from | ||
serious harm from that juvenile. See Note 16D. | serious harm from that juvenile. See Note 16D. | ||
+ | |||
Note: Chief officers should ensure that the operation of these provisions at police stations in | 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 | their areas is subject to supervision and monitoring by an officer of the rank of | ||
inspector or above. | inspector or above. | ||
+ | |||
16.7A The requirement in paragraph 3.4(b) that documents and materials essential to effectively | 16.7A 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 | challenging the lawfulness of the detainee’s arrest and detention must be made available to | ||
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essential and must be made available to the detainee or their solicitor. See Note 3ZA. | essential and must be made available to the detainee or their solicitor. See Note 3ZA. | ||
(b) Documentation | (b) Documentation | ||
+ | |||
16.8 A record shall be made of anything a detainee says when charged. | 16.8 A record shall be made of anything a detainee says when charged. | ||
+ | |||
16.9 Any questions put in an interview after charge and answers given relating to the offence | 16.9 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 | shall be recorded in full during the interview on forms for that purpose and the record | ||
Line 2639: | Line 2968: | ||
the questions are audibly recorded or visually recorded the arrangements in Code E or F | the questions are audibly recorded or visually recorded the arrangements in Code E or F | ||
apply. | apply. | ||
+ | |||
16.10 If arrangements for a juvenile’s transfer into local authority care as in paragraph 16.7 are | 16.10 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 | 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. | produced before the court with the juvenile. See Note 16D. | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
16A The custody officer must take into account alternatives to prosecution under the Crime and | 16A 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 | Disorder Act 1998 applicable to persons under 18, and in national guidance on the | ||
cautioning of offenders applicable to persons aged 18 and over. | cautioning of offenders applicable to persons aged 18 and over. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 55 | + | |
16AA When a person is arrested under the provisions of the Criminal Justice Act 2003 which | 16AA 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 | allow a person to be re-tried after being acquitted of a serious offence which is a qualifying | ||
Line 2655: | Line 2984: | ||
an officer of the rank of superintendent or above who has not been directly involved in the | 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. | investigation responsible for determining whether the evidence is sufficient to charge. | ||
+ | |||
16AB Where Guidance issued by the Director of Public Prosecutions under section 37B is in | 16AB 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 | 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 | 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 | reasonably necessary to decide how that person is to be dealt with under PACE, section | ||
+ | |||
37(7)(a) to (d), including, where appropriate, consultation with the Duty Prosecutor. The | 37(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, | period is subject to the maximum period of detention before charge determined by PACE, | ||
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for decision, the custody officer should ensure that an officer involved in the investigation | 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. | sends to the CPS such information as is specified in the Guidance. | ||
+ | |||
16B The giving of a warning or the service of the Notice of Intended Prosecution required by the | 16B 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 | 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 | may be prosecuted for an offence and so does not preclude further questioning in relation | ||
to that offence. | to that offence. | ||
+ | |||
16C There is no power under PACE to detain a person and delay action under paragraphs 16.2 | 16C 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 | to 16.5 solely to await the arrival of the appropriate adult. Reasonable efforts should | ||
Line 2679: | Line 3012: | ||
custody officer with the necessary grounds to authorise detention after charge under PACE, | custody officer with the necessary grounds to authorise detention after charge under PACE, | ||
section 38. | section 38. | ||
+ | |||
16D Except as in paragraph 16.7, neither a juvenile's behaviour nor the nature of the offence | 16D 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 | provides grounds for the custody officer to decide it is impracticable to arrange the | ||
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overnight, subject to a requirement to bring the juvenile before a court under PACE, section | overnight, subject to a requirement to bring the juvenile before a court under PACE, section | ||
46. | 46. | ||
+ | |||
17 Testing persons for the presence of specified Class A drugs | 17 Testing persons for the presence of specified Class A drugs | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
17.1 This section of Code C applies only in selected police stations in police areas where the | 17.1 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 | provisions for drug testing under section 63B of PACE (as amended by section 5 of the | ||
Line 2702: | Line 3039: | ||
the notification. Testing cannot be carried out unless the relevant notification has been | the notification. Testing cannot be carried out unless the relevant notification has been | ||
given and has not been withdrawn. See Note 17F. | given and has not been withdrawn. See Note 17F. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 56 | + | |
17.2 A sample of urine or a non-intimate sample may be taken from a person in police detention | 17.2 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 | for the purpose of ascertaining whether they have any specified Class A drug in their body | ||
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their misuse of any specified Class A drug caused or contributed to the offence, has | their misuse of any specified Class A drug caused or contributed to the offence, has | ||
authorised the sample to be taken. | authorised the sample to be taken. | ||
+ | |||
17.4 The charge condition is met where the detainee: | 17.4 The charge condition is met where the detainee: | ||
(a) has been charged with a trigger offence, or | (a) has been charged with a trigger offence, or | ||
Line 2731: | Line 3067: | ||
specified Class A drug caused or contributed to the offence, has authorised the sample | specified Class A drug caused or contributed to the offence, has authorised the sample | ||
to be taken. | to be taken. | ||
+ | |||
17.5 The age condition is met where: | 17.5 The age condition is met where: | ||
(a) in the case of a detainee who has been arrested but not charged as in paragraph | (a) in the case of a detainee who has been arrested but not charged as in paragraph | ||
+ | |||
17.3, they are aged 18 or over; | 17.3, they are aged 18 or over; | ||
(b) in the case of a detainee who has been charged as in paragraph 17.4, they are aged | (b) in the case of a detainee who has been charged as in paragraph 17.4, they are aged | ||
14 or over. | 14 or over. | ||
+ | |||
17.6 Before requesting a sample from the person concerned, an officer must: | 17.6 Before requesting a sample from the person concerned, an officer must: | ||
(a) inform them that the purpose of taking the sample is for drug testing under PACE. | (a) inform them that the purpose of taking the sample is for drug testing under PACE. | ||
Line 2750: | Line 3089: | ||
advice is available [see section 6]; and | advice is available [see section 6]; and | ||
(iii) the right to consult these Codes of Practice [see section 3]. | (iii) the right to consult these Codes of Practice [see section 3]. | ||
+ | |||
17.7 In the case of a person who has not attained the age specified in section 63B(5A) of | 17.7 In the case of a person who has not attained the age specified in section 63B(5A) of | ||
PACE— | PACE— | ||
(a) the making of the request for a sample under paragraph 17.2(d) above; | (a) the making of the request for a sample under paragraph 17.2(d) above; | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 57 | + | |
(b) the giving of the warning and the information under paragraph 17.6 above; and | (b) the giving of the warning and the information under paragraph 17.6 above; and | ||
+ | |||
(c) the taking of the sample, | (c) the taking of the sample, | ||
may not take place except in the presence of an appropriate adult. See Note 17G. | may not take place except in the presence of an appropriate adult. See Note 17G. | ||
+ | |||
17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or | 17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or | ||
17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in | 17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in | ||
writing as soon as practicable. | writing as soon as practicable. | ||
+ | |||
17.9 If a sample is taken from a detainee who has been arrested for an offence but not charged | 17.9 If a sample is taken from a detainee who has been arrested for an offence but not charged | ||
with that offence as in paragraph 17.3, no further sample may be taken during the same | with that offence as in paragraph 17.3, no further sample may be taken during the same | ||
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in respect of that detainee, the sample which has been taken shall be treated as being | in respect of that detainee, the sample which has been taken shall be treated as being | ||
taken by virtue of the charge condition, see paragraph 17.4, being met. | taken by virtue of the charge condition, see paragraph 17.4, being met. | ||
+ | |||
17.10 A detainee from whom a sample may be taken may be detained for up to six hours from | 17.10 A detainee from whom a sample may be taken may be detained for up to six hours from | ||
the time of charge if the custody officer reasonably believes the detention is necessary to | the time of charge if the custody officer reasonably believes the detention is necessary to | ||
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but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to | but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to | ||
enable a sample to be taken. | enable a sample to be taken. | ||
+ | |||
17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see | 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see | ||
paragraphs 17.3 and 17.4, and whose release would be required before a sample can be | paragraphs 17.3 and 17.4, and whose release would be required before a sample can be | ||
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within 24 hours after the arrest for the offence that satisfies the arrest condition. | within 24 hours after the arrest for the offence that satisfies the arrest condition. | ||
(b) Documentation | (b) Documentation | ||
+ | |||
17.12 The following must be recorded in the custody record: | 17.12 The following must be recorded in the custody record: | ||
(a) if a sample is taken following authorisation by an officer of the rank of inspector or | (a) if a sample is taken following authorisation by an officer of the rank of inspector or | ||
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met in the same period of continuous detention. See paragraph 17.9. | met in the same period of continuous detention. See paragraph 17.9. | ||
(c) General | (c) General | ||
+ | |||
17.13 A sample may only be taken by a prescribed person. See Note 17C. | 17.13 A sample may only be taken by a prescribed person. See Note 17C. | ||
+ | |||
17.14 Force may not be used to take any sample for the purpose of drug testing. | 17.14 Force may not be used to take any sample for the purpose of drug testing. | ||
+ | |||
17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs | 17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs | ||
Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same | Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same | ||
meanings as in Part III of the Criminal Justice and Court Services Act 2000. | meanings as in Part III of the Criminal Justice and Court Services Act 2000. | ||
+ | |||
17.16 Any sample taken: | 17.16 Any sample taken: | ||
(a) may not be used for any purpose other than to ascertain whether the person | (a) may not be used for any purpose other than to ascertain whether the person | ||
Line 2801: | Line 3149: | ||
basis that medication has been taken, or for quality assurance purposes. | basis that medication has been taken, or for quality assurance purposes. | ||
(d) Assessment of misuse of drugs | (d) Assessment of misuse of drugs | ||
+ | |||
17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive | 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive | ||
for a specified Class A drug under section 63B of PACE a police officer may, at any time | for a specified Class A drug under section 63B of PACE a police officer may, at any time | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 58 | ||
before the person’s release from the police station, impose a requirement on the detainee | before the person’s release from the police station, impose a requirement on the detainee | ||
to attend an initial assessment of their drug misuse by a suitably qualified person and to | to attend an initial assessment of their drug misuse by a suitably qualified person and to | ||
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made for those from whom samples for testing have been taken at the police station | made for those from whom samples for testing have been taken at the police station | ||
where the detainee is in custody. | where the detainee is in custody. | ||
+ | |||
17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment | 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment | ||
the police officer must: | the police officer must: | ||
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attend the initial assessment and remain for its duration and if they fail to attend the | attend the initial assessment and remain for its duration and if they fail to attend the | ||
follow-up assessment and remain for its duration (if so required). | follow-up assessment and remain for its duration (if so required). | ||
+ | |||
17.19 Where a police officer has imposed a requirement to attend an initial assessment and a | 17.19 Where a police officer has imposed a requirement to attend an initial assessment and a | ||
follow-up assessment in accordance with paragraph 17.17, he must, before the person is | follow-up assessment in accordance with paragraph 17.17, he must, before the person is | ||
Line 2831: | Line 3179: | ||
and | and | ||
(b) confirms the information and repeats the warning referred to in paragraph 17.18. | (b) confirms the information and repeats the warning referred to in paragraph 17.18. | ||
+ | |||
17.20 The following must be recorded in the custody record: | 17.20 The following must be recorded in the custody record: | ||
(a) that the requirement to attend an initial assessment and a follow-up assessment has | (a) that the requirement to attend an initial assessment and a follow-up assessment has | ||
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(b) the information, explanation, warning and notice given in accordance with paragraphs | (b) the information, explanation, warning and notice given in accordance with paragraphs | ||
17.17 and 17.19. | 17.17 and 17.19. | ||
+ | |||
17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the | 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the | ||
person a further notice in writing which informs the person of any change to the time or | person a further notice in writing which informs the person of any change to the time or | ||
place at which the initial assessment is to take place and which repeats the warning | place at which the initial assessment is to take place and which repeats the warning | ||
referred to in paragraph 17.18(c). | referred to in paragraph 17.18(c). | ||
+ | |||
17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance | 17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance | ||
issued by the Secretary of State in respect of the assessment provisions. | issued by the Secretary of State in respect of the assessment provisions. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
17A When warning a person who is asked to provide a urine or non-intimate sample in | 17A When warning a person who is asked to provide a urine or non-intimate sample in | ||
accordance with paragraph 17.6(b), the following form of words may be used: | accordance with paragraph 17.6(b), the following form of words may be used: | ||
Line 2852: | Line 3205: | ||
cyflawni trosedd os byddwch chi’n methu neu yn gwrthod gwneud hynny heb reswm da, ac | cyflawni trosedd os byddwch chi’n methu neu yn gwrthod gwneud hynny heb reswm da, ac | ||
y gellir, oherwydd hynny, eich carcharu, eich dirwyo, neu’r ddau.” | y gellir, oherwydd hynny, eich carcharu, eich dirwyo, neu’r ddau.” | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 59 | + | |
17B A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and | 17B A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and | ||
quality to enable drug-testing analysis to take place. A suitable sample is one which by its | quality to enable drug-testing analysis to take place. A suitable sample is one which by its | ||
nature, is suitable for a particular form of drug analysis. | nature, is suitable for a particular form of drug analysis. | ||
+ | |||
17C A prescribed person in paragraph 17.13 is one who is prescribed in regulations made by | 17C A prescribed person in paragraph 17.13 is one who is prescribed in regulations made by | ||
the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984. | the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984. | ||
Line 2863: | Line 3215: | ||
Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed | Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed | ||
Persons) Regulations 2001.] | Persons) Regulations 2001.] | ||
+ | |||
17D Samples, and the information derived from them, may not be subsequently used in the | 17D Samples, and the information derived from them, may not be subsequently used in the | ||
investigation of any offence or in evidence against the persons from whom they were taken. | investigation of any offence or in evidence against the persons from whom they were taken. | ||
+ | |||
17E Trigger offences are: | 17E Trigger offences are: | ||
+ | |||
1. Offences under the following provisions of the Theft Act 1968: | 1. Offences under the following provisions of the Theft Act 1968: | ||
section 1 (theft) | section 1 (theft) | ||
Line 2875: | Line 3230: | ||
section 22 (handling stolen goods) | section 22 (handling stolen goods) | ||
section 25 (going equipped for stealing etc.) | section 25 (going equipped for stealing etc.) | ||
+ | |||
2. Offences under the following provisions of the Misuse of Drugs Act 1971, if | 2. Offences under the following provisions of the Misuse of Drugs Act 1971, if | ||
committed in respect of a specified Class A drug:– | committed in respect of a specified Class A drug:– | ||
Line 2880: | Line 3236: | ||
section 5(2) (possession of a controlled drug) | section 5(2) (possession of a controlled drug) | ||
section 5(3) (possession of a controlled drug with intent to supply) | section 5(3) (possession of a controlled drug with intent to supply) | ||
+ | |||
3. Offences under the following provisions of the Fraud Act 2006: | 3. Offences under the following provisions of the Fraud Act 2006: | ||
section 1 (fraud) | section 1 (fraud) | ||
section 6 (possession etc. of articles for use in frauds) | section 6 (possession etc. of articles for use in frauds) | ||
section 7 (making or supplying articles for use in frauds) | section 7 (making or supplying articles for use in frauds) | ||
+ | |||
3A. An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in | 3A. An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in | ||
respect of an offence under | respect of an offence under | ||
Line 2892: | Line 3250: | ||
section 22 (handling stolen goods) | section 22 (handling stolen goods) | ||
(b) section 1 of the Fraud Act 2006 (fraud) | (b) section 1 of the Fraud Act 2006 (fraud) | ||
+ | |||
4. Offences under the following provisions of the Vagrancy Act 1824: | 4. Offences under the following provisions of the Vagrancy Act 1824: | ||
section 3 (begging) | section 3 (begging) | ||
section 4 (persistent begging) | section 4 (persistent begging) | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 60 | + | |
17F The power to take samples is subject to notification by the Secretary of State that | 17F The power to take samples is subject to notification by the Secretary of State that | ||
appropriate arrangements for the taking of samples have been made for the police area as | appropriate arrangements for the taking of samples have been made for the police area as | ||
Line 2912: | Line 3269: | ||
from persons under the age of 18 (those aged 14-17) had been given and had not been | from persons under the age of 18 (those aged 14-17) had been given and had not been | ||
withdrawn. | withdrawn. | ||
+ | |||
17G Appropriate adult in paragraph 17.7 means the person’s– | 17G 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 | (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 | organisation, a person representing that authority or organisation; or | ||
+ | |||
(b) a social worker of a local authority; 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 | (c) if no person falling within (a) or (b) above is available, any responsible person aged 18 | ||
or over who is not: | or over who is not: | ||
+ | |||
a police officer; | a police officer; | ||
+ | |||
employed by the police; | employed by the police; | ||
+ | |||
under the direction or control of the chief officer of police force; or | under the direction or control of the chief officer of police force; or | ||
a person who provides services under contractual arrangements (but without | a person who provides services under contractual arrangements (but without | ||
Line 2925: | Line 3289: | ||
relation to the discharge of its chief officer’s functions | relation to the discharge of its chief officer’s functions | ||
whether or not they are on duty at the time. | 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 | 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. | appropriate adult for a 17-year old detainee for the purposes of paragraph 17.7. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 61 | + | |
ANNEX A INTIMATE AND STRIP SEARCHES | ANNEX A INTIMATE AND STRIP SEARCHES | ||
+ | |||
A Intimate search | A Intimate search | ||
+ | |||
1. An intimate search consists of the physical examination of a person's body orifices other | 1. 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 | than the mouth. The intrusive nature of such searches means the actual and potential risks | ||
associated with intimate searches must never be underestimated. | associated with intimate searches must never be underestimated. | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
2. Body orifices other than the mouth may be searched only: | 2. 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 | (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: | believing that the person may have concealed on themselves: | ||
+ | |||
(i) anything which they could and might use to cause physical injury to themselves | (i) anything which they could and might use to cause physical injury to themselves | ||
or others at the station; or | or others at the station; or | ||
+ | |||
(ii) a Class A drug which they intended to supply to another or to export; | (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 | and the officer has reasonable grounds for believing that an intimate search is the only | ||
means of removing those items; and | means of removing those items; and | ||
+ | |||
(b) if the search is under paragraph 2(a)(ii) (a drug offence search), the detainee’s | (b) if the search is under paragraph 2(a)(ii) (a drug offence search), the detainee’s | ||
appropriate consent has been given in writing. | appropriate consent has been given in writing. | ||
+ | |||
2A. Before the search begins, a police officer or designated detention officer, must tell the | 2A. Before the search begins, a police officer or designated detention officer, must tell the | ||
detainee:- | detainee:- | ||
+ | |||
(a) that the authority to carry out the search has been given; | (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 | (b) the grounds for giving the authorisation and for believing that the article cannot be | ||
removed without an intimate search. | removed without an intimate search. | ||
+ | |||
2B. Before a detainee is asked to give appropriate consent to a search under paragraph 2(a)(ii) | 2B. 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 | (a drug offence search) they must be warned that if they refuse without good cause their | ||
Line 2961: | Line 3336: | ||
must be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, | 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. | and the reminder noted in the custody record. | ||
+ | |||
3. An intimate search may only be carried out by a registered medical practitioner or | 3. 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 | 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 | 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. | carry out the search. See Notes A1 to A5. | ||
+ | |||
3A. Any proposal for a search under paragraph 2(a)(i) to be carried out by someone other than | 3A. 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 | a registered medical practitioner or registered nurse must only be considered as a last | ||
Line 2970: | Line 3347: | ||
item to remain with the detainee outweigh the risks associated with removing it. See Notes | item to remain with the detainee outweigh the risks associated with removing it. See Notes | ||
A1 to A5. | A1 to A5. | ||
+ | |||
4. An intimate search under: | 4. An intimate search under: | ||
paragraph 2(a)(i) may take place only at a hospital, surgery, other medical premises or | paragraph 2(a)(i) may take place only at a hospital, surgery, other medical premises or | ||
Line 2975: | Line 3353: | ||
paragraph 2(a)(ii) may take place only at a hospital, surgery or other medical premises | 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. | and must be carried out by a registered medical practitioner or a registered nurse. | ||
+ | |||
5. An intimate search at a police station of a juvenile or mentally disordered or otherwise | 5. 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 | 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 same sex (see Annex L), unless the detainee specifically requests a particular adult of | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 62 | ||
the opposite sex who is readily available. In the case of a juvenile, the search may take | 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 | place in the absence of the appropriate adult only if the juvenile signifies in the presence of | ||
Line 2986: | Line 3362: | ||
agrees. A record shall be made of the juvenile's decision and signed by the appropriate | agrees. A record shall be made of the juvenile's decision and signed by the appropriate | ||
adult. | adult. | ||
+ | |||
6. When an intimate search under paragraph 2(a)(i) is carried out by a police officer, the | 6. 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, | officer must be of the same sex as the detainee (see Annex L). A minimum of two people, | ||
Line 2992: | Line 3369: | ||
shall anyone whose presence is unnecessary. The search shall be conducted with proper | shall anyone whose presence is unnecessary. The search shall be conducted with proper | ||
regard to the sensitivity and vulnerability of the detainee. | regard to the sensitivity and vulnerability of the detainee. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
7. In the case of an intimate search, the following shall be recorded as soon as practicable in | 7. In the case of an intimate search, the following shall be recorded as soon as practicable in | ||
the detainee’s custody record: | the detainee’s custody record: | ||
+ | |||
(a) for searches under paragraphs 2(a)(i) and (ii); | (a) for searches under paragraphs 2(a)(i) and (ii); | ||
the authorisation to carry out the search; | the authorisation to carry out the search; | ||
Line 3000: | Line 3380: | ||
the grounds for believing the article could not be removed without an intimate | the grounds for believing the article could not be removed without an intimate | ||
search; | search; | ||
- | which parts of the detainee’s body were searched; | + | |
+ | which parts of the detainee’s body were searched; | ||
who carried out the search; | who carried out the search; | ||
- | who was present; | + | |
+ | who was present; | ||
the result. | the result. | ||
+ | |||
(b) for searches under paragraph 2(a)(ii): | (b) for searches under paragraph 2(a)(ii): | ||
the giving of the warning required by paragraph 2B; | the giving of the warning required by paragraph 2B; | ||
Line 3157: | Line 3542: | ||
is more than a substantial risk that the suspect will succeed in causing information to be | 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. | conveyed which will lead to one or more of the specified consequences. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 67 | + | |
ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND | ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND | ||
TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES | TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES | ||
+ | |||
(a) The restriction on drawing adverse inferences from silence | (a) The restriction on drawing adverse inferences from silence | ||
+ | |||
1. The Criminal Justice and Public Order Act 1994, sections 34, 36 and 37 as amended by the | 1. 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 | Youth Justice and Criminal Evidence Act 1999, section 58 describe the conditions under | ||
Line 3170: | Line 3555: | ||
ability of a court or jury to draw adverse inferences from a person’s silence. This restriction | ability of a court or jury to draw adverse inferences from a person’s silence. This restriction | ||
applies: | applies: | ||
+ | |||
(a) to any detainee at a police station, see Note 10C who, before being interviewed, see | (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: | 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; | (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, | (ii) not been allowed an opportunity to consult a solicitor, including the duty solicitor, | ||
as in this Code; and | as in this Code; and | ||
+ | |||
(iii) not changed their mind about wanting legal advice, see section 6, paragraph | (iii) not changed their mind about wanting legal advice, see section 6, paragraph | ||
6.6(d). | 6.6(d). | ||
+ | |||
Note the condition in (ii) will: | Note the condition in (ii) will: | ||
+ | |||
~ apply when a detainee who has asked for legal advice is interviewed before | ~ 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); | 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 | ~ not apply if the detained person declines to ask for the duty solicitor, see section | ||
+ | |||
6, paragraphs 6.6(c) and (d). | 6, paragraphs 6.6(c) and (d). | ||
+ | |||
(b) to any person charged with, or informed they may be prosecuted for, an offence who: | (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 | (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 | the content of an interview with another person which relates to that offence, see | ||
section 16, paragraph 16.4; | section 16, paragraph 16.4; | ||
+ | |||
(ii) is interviewed about that offence, see section 16, paragraph 16.5; or | (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. | (iii) makes a written statement about that offence, see Annex D paragraphs 4 and 9. | ||
+ | |||
(b) Terms of the caution when the restriction applies | (b) Terms of the caution when the restriction applies | ||
+ | |||
2. When a requirement to caution arises at a time when the restriction on drawing adverse | 2. When a requirement to caution arises at a time when the restriction on drawing adverse | ||
inferences from silence applies, the caution shall be: | inferences from silence applies, the caution shall be: | ||
Line 3196: | Line 3595: | ||
‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych chi’n ei ddweud gael | ‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych chi’n ei ddweud gael | ||
ei roi fel tystiolaeth.’ | ei roi fel tystiolaeth.’ | ||
+ | |||
3. Whenever the restriction either begins to apply or ceases to apply after a caution has | 3. 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 | 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 | 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. | shall also be explained to the detainee in ordinary language. See Note C2. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
C1 The restriction on drawing inferences from silence does not apply to a person who has not | 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 | been detained and who therefore cannot be prevented from seeking legal advice if they | ||
want to, see paragraphs 10.2 and 3.21. | want to, see paragraphs 10.2 and 3.21. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 68 | + | |
C2 The following is suggested as a framework to help explain changes in the position on | 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: | drawing adverse inferences if the restriction on drawing adverse inferences from silence: | ||
+ | |||
(a) begins to apply: | (a) begins to apply: | ||
‘The caution you were previously given no longer applies. This is because after that | ‘The caution you were previously given no longer applies. This is because after that | ||
caution: | caution: | ||
+ | |||
(i) you asked to speak to a solicitor but have not yet been allowed an opportunity to | (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 | speak to a solicitor. See paragraph 1(a); or | ||
+ | |||
(ii) you have been charged with/informed you may be prosecuted. See paragraph | (ii) you have been charged with/informed you may be prosecuted. See paragraph | ||
+ | |||
1(b). | 1(b). | ||
‘This means that from now on, adverse inferences cannot be drawn at court and your | ‘This means that from now on, adverse inferences cannot be drawn at court and your | ||
Line 3220: | Line 3624: | ||
carefully to the caution I am about to give you because it will apply from now on. You | 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.’ | 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 | (b) ceases to apply before or at the time the person is charged or informed they may be | ||
prosecuted, see paragraph 1(a); | prosecuted, see paragraph 1(a); | ||
Line 3226: | Line 3631: | ||
carefully to the caution I am about to give you because it will apply from now on. It | 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.’ | explains how your defence at court may be affected if you choose to say nothing.’ | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 69 | + | |
ANNEX D WRITTEN STATEMENTS UNDER CAUTION | ANNEX D WRITTEN STATEMENTS UNDER CAUTION | ||
+ | |||
(a) Written by a person under caution | (a) Written by a person under caution | ||
+ | |||
1. A person shall always be invited to write down what they want to say. | 1. A person shall always be invited to write down what they want to say. | ||
+ | |||
2. A person who has not been charged with, or informed they may be prosecuted for, any | 2. 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: | 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 | (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 | inferences from silence applies, see Annex C, be asked to write out and sign the | ||
Line 3240: | Line 3647: | ||
anything but that it may harm my defence if I do not mention when questioned | 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.’; | 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 | (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 | from silence applies, be asked to write out and sign the following before writing what | ||
Line 3245: | Line 3653: | ||
‘I make this statement of my own free will. I understand that I do not have 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.’ | anything. This statement may be given in evidence.’ | ||
+ | |||
3. When a person, on the occasion of being charged with or informed they may be prosecuted | 3. 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 | for any offence, asks to make a statement which relates to any such offence and wants to | ||
write it they shall: | write it they shall: | ||
+ | |||
(a) unless the restriction on drawing adverse inferences from silence, see Annex C, | (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 | applied when they were so charged or informed they may be prosecuted, be asked to | ||
Line 3254: | Line 3664: | ||
anything but that it may harm my defence if I do not mention when questioned | 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.’; | 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 | (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 | charged or informed they may be prosecuted, be asked to write out and sign the | ||
Line 3259: | Line 3670: | ||
‘I make this statement of my own free will. I understand that I do not have 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.’ | anything. This statement may be given in evidence.’ | ||
+ | |||
4. When a person who has already been charged with or informed they may be prosecuted for | 4. 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 | any offence asks to make a statement which relates to any such offence and wants to write | ||
Line 3265: | Line 3677: | ||
‘I make this statement of my own free will. I understand that I do not have to say anything. | ‘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.’; | This statement may be given in evidence.’; | ||
+ | |||
5. Any person writing their own statement shall be allowed to do so without any prompting | 5. 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 | except a police officer or other police staff may indicate to them which matters are material | ||
or question any ambiguity in the statement. | or question any ambiguity in the statement. | ||
+ | |||
(b) Written by a police officer or other police staff | (b) Written by a police officer or other police staff | ||
+ | |||
6. If a person says they would like someone to write the statement for them, a police officer, or | 6. 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. | other police staff shall write the statement. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 70 | + | |
7. If the person has not been charged with, or informed they may be prosecuted for, any | 7. 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 | 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: | 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 | (a) unless the statement is made at a time when the restriction on drawing adverse | ||
inferences from silence applies, see Annex C: | inferences from silence applies, see Annex C: | ||
Line 3283: | Line 3697: | ||
do not mention when questioned something which I later rely on in court. This statement | do not mention when questioned something which I later rely on in court. This statement | ||
may be given in evidence.’; | may be given in evidence.’; | ||
+ | |||
(b) if the statement is made at a time when the restriction on drawing adverse inferences | (b) if the statement is made at a time when the restriction on drawing adverse inferences | ||
from silence applies: | from silence applies: | ||
Line 3288: | Line 3703: | ||
say. I understand that I do not have to say anything. This statement may be given in | say. I understand that I do not have to say anything. This statement may be given in | ||
evidence.’ | evidence.’ | ||
+ | |||
8. If, on the occasion of being charged with or informed they may be prosecuted for any | 8. 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 | 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: | 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 | (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: | 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 | ‘I, ., wish to make a statement. I want someone to write down what I | ||
Line 3297: | Line 3715: | ||
I do not mention when questioned something which I later rely on in court. This | I do not mention when questioned something which I later rely on in court. This | ||
statement may be given in evidence.’; | statement may be given in evidence.’; | ||
+ | |||
(b) if the restriction on drawing adverse inferences from silence applied when they were | (b) if the restriction on drawing adverse inferences from silence applied when they were | ||
so charged or informed they may be prosecuted: | so charged or informed they may be prosecuted: | ||
Line 3302: | Line 3721: | ||
say. I understand that I do not have to say anything. This statement may be given in | say. I understand that I do not have to say anything. This statement may be given in | ||
evidence.’ | evidence.’ | ||
+ | |||
9. If, having already been charged with or informed they may be prosecuted for any offence, a | 9. 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 | person asks to make a statement which relates to any such offence they shall before | ||
Line 3307: | Line 3727: | ||
‘I, ., wish to make a statement. I want someone to write down what I say. I | ‘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.’ | understand that I do not have to say anything. This statement may be given in evidence.’ | ||
+ | |||
10. The person writing the statement must take down the exact words spoken by the person | 10. 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 | 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 | make it more intelligible, and the answers given must be recorded at the same time on the | ||
statement form. | statement form. | ||
+ | |||
11. When the writing of a statement is finished the person making it shall be asked to read it | 11. 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 | and to make any corrections, alterations or additions they want. When they have finished | ||
Line 3317: | Line 3739: | ||
‘I have read the above statement, and I have been able to correct, alter or add anything I | ‘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.’ | wish. This statement is true. I have made it of my own free will.’ | ||
+ | |||
12. If the person making the statement cannot read, or refuses to read it, or to write the above | 12. 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 | mentioned certificate at the end of it or to sign it, the person taking the statement shall read | ||
Line 3322: | Line 3745: | ||
signature or make their mark at the end. The person taking the statement shall certify on | signature or make their mark at the end. The person taking the statement shall certify on | ||
the statement itself what has occurred. | the statement itself what has occurred. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 71 | + | |
ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND | ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND | ||
OTHERWISE MENTALLY VULNERABLE PEOPLE | OTHERWISE MENTALLY VULNERABLE PEOPLE | ||
+ | |||
1. If an officer has any suspicion, or is told in good faith, that a person of any age may be | 1. 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 | mentally disordered or otherwise mentally vulnerable, or mentally incapable of | ||
Line 3332: | Line 3754: | ||
mentally disordered or otherwise mentally vulnerable for the purposes of this Code. See | mentally disordered or otherwise mentally vulnerable for the purposes of this Code. See | ||
paragraph 1.4 and Note E4 | paragraph 1.4 and Note E4 | ||
+ | |||
2. In the case of a person who is mentally disordered or otherwise mentally vulnerable, ‘the | 2. In the case of a person who is mentally disordered or otherwise mentally vulnerable, ‘the | ||
appropriate adult’ means: | appropriate adult’ means: | ||
+ | |||
(a) a relative, guardian or other person responsible for their care or custody; | (a) a relative, guardian or other person responsible for their care or custody; | ||
+ | |||
(b) someone experienced in dealing with mentally disordered or mentally vulnerable | (b) someone experienced in dealing with mentally disordered or mentally vulnerable | ||
people but who is not a police officer or employed by the police; | 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 | (c) failing these, some other responsible adult aged 18 or over who is not a police officer | ||
or employed by the police. | or employed by the police. | ||
See paragraph 1.7(b) and Note 1D. | See paragraph 1.7(b) and Note 1D. | ||
+ | |||
3. If the custody officer authorises the detention of a person who is mentally vulnerable or | 3. 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 | appears to be suffering from a mental disorder, the custody officer must as soon as | ||
Line 3350: | Line 3777: | ||
provisions must be complied with again in their presence once they arrive. | provisions must be complied with again in their presence once they arrive. | ||
See paragraphs 3.15 to 3.17 | See paragraphs 3.15 to 3.17 | ||
+ | |||
4. If the appropriate adult, having been informed of the right to legal advice, considers legal | 4. 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 | 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 | otherwise mentally vulnerable person had requested access to legal advice. See | ||
paragraphs 3.19, 6.5A and Note E1. | paragraphs 3.19, 6.5A and Note E1. | ||
+ | |||
5. The custody officer must make sure a person receives appropriate clinical attention as soon | 5. 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 | as reasonably practicable if the person appears to be suffering from a mental disorder or in | ||
Line 3362: | Line 3791: | ||
an appropriate healthcare professional should be called to conduct an initial clinical check | an appropriate healthcare professional should be called to conduct an initial clinical check | ||
on the detainee. See paragraph 9.5 and 9.6 | on the detainee. See paragraph 9.5 and 9.6 | ||
+ | |||
6. It is imperative a mentally disordered or otherwise mentally vulnerable person detained | 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 | under the Mental Health Act 1983, section 136 be assessed as soon as possible. A police | ||
Line 3372: | Line 3802: | ||
concludes they are not mentally disordered within the meaning of the Act. See paragraph | concludes they are not mentally disordered within the meaning of the Act. See paragraph | ||
3.16. | 3.16. | ||
+ | |||
7. If a mentally disordered or otherwise mentally vulnerable person is cautioned in the | 7. 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 | absence of the appropriate adult, the caution must be repeated in the appropriate adult’s | ||
presence. See paragraph 10.12. | presence. See paragraph 10.12. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 72 | + | |
8. A mentally disordered or otherwise mentally vulnerable person must not be interviewed or | 8. 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 | asked to provide or sign a written statement in the absence of the appropriate adult unless | ||
Line 3385: | Line 3814: | ||
any decision to begin an interview in these circumstances. See paragraphs 11.1, 11.15 | any decision to begin an interview in these circumstances. See paragraphs 11.1, 11.15 | ||
and 11.18 to 11.20. | and 11.18 to 11.20. | ||
+ | |||
9. If the appropriate adult is present at an interview, they shall be informed they are not | 9. 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: | expected to act simply as an observer and the purposes of their presence are to: | ||
Line 3391: | Line 3821: | ||
facilitate communication with the interviewee. | facilitate communication with the interviewee. | ||
See paragraph 11.17 | See paragraph 11.17 | ||
+ | |||
10. If the detention of a mentally disordered or otherwise mentally vulnerable person is | 10. 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 | 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 | the time, be given an opportunity to make representations to the officer about the need for | ||
continuing detention. See paragraph 15.3. | continuing detention. See paragraph 15.3. | ||
+ | |||
11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person | 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person | ||
with an offence or takes such other action as is appropriate when there is sufficient | with an offence or takes such other action as is appropriate when there is sufficient | ||
Line 3400: | Line 3832: | ||
if they are at the police station. A copy of the written notice embodying any charge must | if they are at the police station. A copy of the written notice embodying any charge must | ||
also be given to the appropriate adult. See paragraphs 16.1 to 16.4A | also be given to the appropriate adult. See paragraphs 16.1 to 16.4A | ||
+ | |||
12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person | 12. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person | ||
may take place only in the presence of the appropriate adult of the same sex, unless the | may take place only in the presence of the appropriate adult of the same sex, unless the | ||
Line 3406: | Line 3839: | ||
when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 | when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 5 | ||
and 11(c). | and 11(c). | ||
+ | |||
13. Particular care must be taken when deciding whether to use any form of approved | 13. Particular care must be taken when deciding whether to use any form of approved | ||
restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. | restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell. | ||
See paragraph 8.2. | See paragraph 8.2. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a | E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a | ||
mentally disordered or otherwise mentally vulnerable detained person who does not | mentally disordered or otherwise mentally vulnerable detained person who does not | ||
Line 3416: | Line 3852: | ||
appropriate adult is called to the police station, to consult privately with a solicitor in the | appropriate adult is called to the police station, to consult privately with a solicitor in the | ||
absence of the appropriate adult if they want. | absence of the appropriate adult if they want. | ||
+ | |||
E2 Although people who are mentally disordered or otherwise mentally vulnerable are often | E2 Although people who are mentally disordered or otherwise mentally vulnerable are often | ||
capable of providing reliable evidence, they may, without knowing or wanting to do so, be | capable of providing reliable evidence, they may, without knowing or wanting to do so, be | ||
Line 3423: | Line 3860: | ||
person’s mental state or capacity. Because of the risk of unreliable evidence, it is important | person’s mental state or capacity. Because of the risk of unreliable evidence, it is important | ||
to obtain corroboration of any facts admitted whenever possible. | to obtain corroboration of any facts admitted whenever possible. | ||
+ | |||
E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is | E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is | ||
intended to minimise, officers of superintendent rank or above should exercise their | intended to minimise, officers of superintendent rank or above should exercise their | ||
Line 3428: | Line 3866: | ||
absence only in exceptional cases, if it is necessary to avert an immediate risk of serious | absence only in exceptional cases, if it is necessary to avert an immediate risk of serious | ||
harm. See paragraphs 11.1 and 11.18 to 11.20. | harm. See paragraphs 11.1 and 11.18 to 11.20. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 73 | + | |
E4 When a person is detained under section 136 of the Mental Health Act 1983 for | E4 When a person is detained under section 136 of the Mental Health Act 1983 for | ||
assessment, the appropriate adult has no role in the assessment process and their | assessment, the appropriate adult has no role in the assessment process and their | ||
presence is not required. | presence is not required. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 74 | + | |
ANNEX F Not used | ANNEX F Not used | ||
+ | |||
ANNEX G FITNESS TO BE INTERVIEWED | ANNEX G FITNESS TO BE INTERVIEWED | ||
+ | |||
1. This Annex contains general guidance to help police officers and healthcare professionals | 1. This Annex contains general guidance to help police officers and healthcare professionals | ||
assess whether a detainee might be at risk in an interview. | assess whether a detainee might be at risk in an interview. | ||
+ | |||
2. A detainee may be at risk in a interview if it is considered that: | 2. A detainee may be at risk in a interview if it is considered that: | ||
+ | |||
(a) conducting the interview could significantly harm the detainee’s physical or mental | (a) conducting the interview could significantly harm the detainee’s physical or mental | ||
state; | state; | ||
+ | |||
(b) anything the detainee says in the interview about their involvement or suspected | (b) anything the detainee says in the interview about their involvement or suspected | ||
involvement in the offence about which they are being interviewed might be | involvement in the offence about which they are being interviewed might be | ||
considered unreliable in subsequent court proceedings because of their physical or | considered unreliable in subsequent court proceedings because of their physical or | ||
mental state. | mental state. | ||
+ | |||
3. In assessing whether the detainee should be interviewed, the following must be considered: | 3. In assessing whether the detainee should be interviewed, the following must be considered: | ||
+ | |||
(a) how the detainee’s physical or mental state might affect their ability to understand the | (a) how the detainee’s physical or mental state might affect their ability to understand the | ||
nature and purpose of the interview, to comprehend what is being asked and to | nature and purpose of the interview, to comprehend what is being asked and to | ||
appreciate the significance of any answers given and make rational decisions about | appreciate the significance of any answers given and make rational decisions about | ||
whether they want to say anything; | whether they want to say anything; | ||
+ | |||
(b) the extent to which the detainee’s replies may be affected by their physical or mental | (b) the extent to which the detainee’s replies may be affected by their physical or mental | ||
condition rather than representing a rational and accurate explanation of their | condition rather than representing a rational and accurate explanation of their | ||
involvement in the offence; | involvement in the offence; | ||
+ | |||
(c) how the nature of the interview, which could include particularly probing questions, | (c) how the nature of the interview, which could include particularly probing questions, | ||
might affect the detainee. | might affect the detainee. | ||
+ | |||
4. It is essential healthcare professionals who are consulted consider the functional ability of | 4. It is essential healthcare professionals who are consulted consider the functional ability of | ||
the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a | the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a | ||
person with severe mental illness to be fit for interview. | person with severe mental illness to be fit for interview. | ||
+ | |||
5. Healthcare professionals should advise on the need for an appropriate adult to be present, | 5. Healthcare professionals should advise on the need for an appropriate adult to be present, | ||
whether reassessment of the person’s fitness for interview may be necessary if the | whether reassessment of the person’s fitness for interview may be necessary if the | ||
interview lasts beyond a specified time, and whether a further specialist opinion may be | interview lasts beyond a specified time, and whether a further specialist opinion may be | ||
required. | required. | ||
+ | |||
6. When healthcare professionals identify risks they should be asked to quantify the risks. | 6. When healthcare professionals identify risks they should be asked to quantify the risks. | ||
They should inform the custody officer: | They should inform the custody officer: | ||
Line 3471: | Line 3917: | ||
~ will require or be amenable to treatment; and | ~ will require or be amenable to treatment; and | ||
indicate how long it may take for such improvement to take effect. | indicate how long it may take for such improvement to take effect. | ||
+ | |||
7. The role of the healthcare professional is to consider the risks and advise the custody | 7. The role of the healthcare professional is to consider the risks and advise the custody | ||
officer of the outcome of that consideration. The healthcare professional’s determination | officer of the outcome of that consideration. The healthcare professional’s determination | ||
and any advice or recommendations should be made in writing and form part of the custody | and any advice or recommendations should be made in writing and form part of the custody | ||
record. | record. | ||
+ | |||
8. Once the healthcare professional has provided that information, it is a matter for the | 8. Once the healthcare professional has provided that information, it is a matter for the | ||
custody officer to decide whether or not to allow the interview to go ahead and if the | custody officer to decide whether or not to allow the interview to go ahead and if the | ||
Line 3482: | Line 3930: | ||
to an appropriate adult, in order constantly to monitor the person’s condition and how it is | to an appropriate adult, in order constantly to monitor the person’s condition and how it is | ||
being affected by the interview. | being affected by the interview. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 75 | + | |
ANNEX H DETAINED PERSON: OBSERVATION LIST | ANNEX H DETAINED PERSON: OBSERVATION LIST | ||
+ | |||
1. If any detainee fails to meet any of the following criteria, an appropriate healthcare | 1. If any detainee fails to meet any of the following criteria, an appropriate healthcare | ||
professional or an ambulance must be called. | professional or an ambulance must be called. | ||
+ | |||
2. When assessing the level of rousability, consider: | 2. When assessing the level of rousability, consider: | ||
Rousability - can they be woken? | Rousability - can they be woken? | ||
Line 3493: | Line 3941: | ||
call their name | call their name | ||
shake gently | shake gently | ||
+ | |||
Response to questions - can they give appropriate answers to questions such as: | Response to questions - can they give appropriate answers to questions such as: | ||
What’s your name? | What’s your name? | ||
Line 3498: | Line 3947: | ||
Where do you think you are? | Where do you think you are? | ||
Response to commands - can they respond appropriately to commands such as: | Response to commands - can they respond appropriately to commands such as: | ||
- | Open your eyes! | + | Open your eyes! |
Lift one arm, now the other arm! | Lift one arm, now the other arm! | ||
+ | |||
3. Remember to take into account the possibility or presence of other illnesses, injury, or | 3. Remember to take into account the possibility or presence of other illnesses, injury, or | ||
mental condition; a person who is drowsy and smells of alcohol may also have the | mental condition; a person who is drowsy and smells of alcohol may also have the | ||
following: | following: | ||
- | Diabetes | + | Diabetes |
- | Epilepsy | + | Epilepsy |
- | Head injury | + | Head injury |
Drug intoxication or overdose | Drug intoxication or overdose | ||
Stroke | Stroke | ||
+ | |||
ANNEX I Not used | ANNEX I Not used | ||
+ | |||
ANNEX J Not used | ANNEX J Not used | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 76 | + | |
ANNEX K X-RAYS AND ULTRASOUND SCANS | ANNEX K X-RAYS AND ULTRASOUND SCANS | ||
+ | |||
(a) Action | (a) Action | ||
+ | |||
1. PACE, section 55A allows a person who has been arrested and is in police detention to | 1. PACE, section 55A allows a person who has been arrested and is in police detention to | ||
have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: | have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: | ||
+ | |||
(a) authorised by an officer of inspector rank or above who has reasonable grounds for | (a) authorised by an officer of inspector rank or above who has reasonable grounds for | ||
believing that the detainee: | believing that the detainee: | ||
+ | |||
(i) may have swallowed a Class A drug; and | (i) may have swallowed a Class A drug; and | ||
+ | |||
(ii) was in possession of that Class A drug with the intention of supplying it to | (ii) was in possession of that Class A drug with the intention of supplying it to | ||
another or to export; and | another or to export; and | ||
+ | |||
(b) the detainee’s appropriate consent has been given in writing. | (b) the detainee’s appropriate consent has been given in writing. | ||
+ | |||
2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated | 2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated | ||
detention officer must tell the detainee:- | detention officer must tell the detainee:- | ||
+ | |||
(a) that the authority has been given; and | (a) that the authority has been given; and | ||
+ | |||
(b) the grounds for giving the authorisation. | (b) the grounds for giving the authorisation. | ||
+ | |||
3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, | 3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, | ||
they must be warned that if they refuse without good cause their refusal may harm their | they must be warned that if they refuse without good cause their refusal may harm their | ||
Line 3537: | Line 3997: | ||
reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the | reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the | ||
reminder noted in the custody record. | reminder noted in the custody record. | ||
+ | |||
4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered | 4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered | ||
medical practitioner or registered nurse, and only at a hospital, surgery or other medical | medical practitioner or registered nurse, and only at a hospital, surgery or other medical | ||
premises. | premises. | ||
+ | |||
(b) Documentation | (b) Documentation | ||
+ | |||
5. The following shall be recorded as soon as practicable in the detainee’s custody record: | 5. The following shall be recorded as soon as practicable in the detainee’s custody record: | ||
+ | |||
(a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); | (a) the authorisation to take the x-ray or carry out the ultrasound scan (or both); | ||
+ | |||
(b) the grounds for giving the authorisation; | (b) the grounds for giving the authorisation; | ||
+ | |||
(c) the giving of the warning required by paragraph 3; and | (c) the giving of the warning required by paragraph 3; and | ||
+ | |||
(d) the fact that the appropriate consent was given or (as the case may be) refused, and | (d) the fact that the appropriate consent was given or (as the case may be) refused, and | ||
if refused, the reason given for the refusal (if any); and | if refused, the reason given for the refusal (if any); and | ||
+ | |||
(e) if an x-ray is taken or an ultrasound scan carried out: | (e) if an x-ray is taken or an ultrasound scan carried out: | ||
where it was taken or carried out; | where it was taken or carried out; | ||
Line 3552: | Line 4020: | ||
who was present; | who was present; | ||
the result. | the result. | ||
+ | |||
6 Not used. | 6 Not used. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
+ | |||
K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or | K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or | ||
both), consideration should be given to asking a registered medical practitioner or | both), consideration should be given to asking a registered medical practitioner or | ||
Line 3559: | Line 4030: | ||
detainee might have about the effect which taking an x-ray or carrying out an ultrasound | detainee might have about the effect which taking an x-ray or carrying out an ultrasound | ||
scan might have on them. If appropriate consent is not given, evidence of the explanation | scan might have on them. If appropriate consent is not given, evidence of the explanation | ||
- | C | ||
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | ||
- | 77 | ||
may, if the case comes to trial, be relevant to determining whether the detainee had a good | may, if the case comes to trial, be relevant to determining whether the detainee had a good | ||
cause for refusing. | cause for refusing. | ||
+ | |||
K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound | K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound | ||
scan being carried out (or both), as in paragraph 3, the following form of words may be | scan being carried out (or both), as in paragraph 3, the following form of words may be | ||
used: | used: | ||
+ | |||
“You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried | “You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried | ||
out on you, but I must warn you that if you refuse without good cause, your refusal may | out on you, but I must warn you that if you refuse without good cause, your refusal may | ||
Line 3572: | Line 4042: | ||
Where the use of the Welsh Language is appropriate, the following form of words may be | Where the use of the Welsh Language is appropriate, the following form of words may be | ||
provided in Welsh: | provided in Welsh: | ||
+ | |||
“Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, | “Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu'r ddau) arnoch, | ||
ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm | ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm | ||
da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” | da, fe allai hynny niweidio eich achos pe bai'n dod gerbron llys.” | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 78 | + | |
ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING | ANNEX L ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING | ||
+ | |||
1. Certain provisions of this and other PACE Codes explicitly state that searches and other | 1. Certain provisions of this and other PACE Codes explicitly state that searches and other | ||
procedures may only be carried out by, or in the presence of, persons of the same sex as | procedures may only be carried out by, or in the presence of, persons of the same sex as | ||
the person subject to the search or other procedure. See Note L1. | the person subject to the search or other procedure. See Note L1. | ||
+ | |||
2. All searches and procedures must be carried out with courtesy, consideration and respect | 2. All searches and procedures must be carried out with courtesy, consideration and respect | ||
for the person concerned. Police officers should show particular sensitivity when dealing | for the person concerned. Police officers should show particular sensitivity when dealing | ||
with transgender individuals (including transsexual persons) and transvestite persons (see | with transgender individuals (including transsexual persons) and transvestite persons (see | ||
Notes L2, L3 and L4). | Notes L2, L3 and L4). | ||
+ | |||
(a) Consideration | (a) Consideration | ||
+ | |||
3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at | 3. In law, the gender (and accordingly the sex) of an individual is their gender as registered at | ||
birth unless they have been issued with a Gender Recognition Certificate (GRC) under the | birth unless they have been issued with a Gender Recognition Certificate (GRC) under the | ||
Line 3593: | Line 4066: | ||
becomes that of a man and, if it is the female gender, the person’s sex becomes that of a | becomes that of a man and, if it is the female gender, the person’s sex becomes that of a | ||
woman and they must be treated as their acquired gender. | woman and they must be treated as their acquired gender. | ||
+ | |||
4. When establishing whether the person concerned should be treated as being male or | 4. When establishing whether the person concerned should be treated as being male or | ||
female for the purposes of these searches and procedures, the following approach which is | female for the purposes of these searches and procedures, the following approach which is | ||
designed to minimise embarrassment and secure the person’s co-operation should be | designed to minimise embarrassment and secure the person’s co-operation should be | ||
followed: | followed: | ||
+ | |||
(a) The person must not be asked whether they have a GRC (see paragraph 8); | (a) The person must not be asked whether they have a GRC (see paragraph 8); | ||
+ | |||
(b) If there is no doubt as to as to whether the person concerned should be treated as | (b) If there is no doubt as to as to whether the person concerned should be treated as | ||
being male or female, they should be dealt with as being of that sex. | being male or female, they should be dealt with as being of that sex. | ||
+ | |||
(c) If at any time (including during the search or carrying out the procedure) there is doubt | (c) If at any time (including during the search or carrying out the procedure) there is doubt | ||
as to whether the person should be treated, or continue to be treated, as being male | as to whether the person should be treated, or continue to be treated, as being male | ||
or female: | or female: | ||
+ | |||
(i) the person should be asked what gender they consider themselves to be. If they | (i) the person should be asked what gender they consider themselves to be. If they | ||
express a preference to be dealt with as a particular gender, they should be | express a preference to be dealt with as a particular gender, they should be | ||
Line 3609: | Line 4087: | ||
notebook. Subject to (ii) below, the person should be treated according to their | notebook. Subject to (ii) below, the person should be treated according to their | ||
preference; | preference; | ||
+ | |||
(ii) if there are grounds to doubt that the preference in (i) accurately reflects the | (ii) if there are grounds to doubt that the preference in (i) accurately reflects the | ||
person’s predominant lifestyle, for example, if they ask to be treated as a woman | person’s predominant lifestyle, for example, if they ask to be treated as a woman | ||
Line 3614: | Line 4093: | ||
as a man, or vice versa, they should be treated according to what appears to be | as a man, or vice versa, they should be treated according to what appears to be | ||
their predominant lifestyle and not their stated preference; | their predominant lifestyle and not their stated preference; | ||
+ | |||
(iii) If the person is unwilling to express a preference as in (i) above, efforts should | (iii) If the person is unwilling to express a preference as in (i) above, efforts should | ||
be made to determine their predominant lifestyle and they should be treated as | be made to determine their predominant lifestyle and they should be treated as | ||
such. For example, if they appear to live predominantly as a woman, they | such. For example, if they appear to live predominantly as a woman, they | ||
should be treated as being female; or | should be treated as being female; or | ||
+ | |||
(iv) if none of the above apply, the person should be dealt with according to what | (iv) if none of the above apply, the person should be dealt with according to what | ||
reasonably appears to have been their sex as registered at birth. | reasonably appears to have been their sex as registered at birth. | ||
+ | |||
5. Once a decision has been made about which gender an individual is to be treated as, each | 5. Once a decision has been made about which gender an individual is to be treated as, each | ||
officer responsible for the search or procedure should where possible be advised before the | officer responsible for the search or procedure should where possible be advised before the | ||
Line 3625: | Line 4107: | ||
informed that the doubts have been disclosed. This is important so as to maintain the | informed that the doubts have been disclosed. This is important so as to maintain the | ||
dignity of the person and any officers concerned. | dignity of the person and any officers concerned. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 79 | + | |
(b) Documentation | (b) Documentation | ||
+ | |||
6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded | 6. The person’s gender as established under paragraph 4(c)(i) to (iv) above must be recorded | ||
in the person’s custody record or, if a custody record has not been opened, on the search | in the person’s custody record or, if a custody record has not been opened, on the search | ||
record or in the officer’s notebook. | record or in the officer’s notebook. | ||
+ | |||
7. Where the person elects which gender they consider themselves to be under paragraph | 7. Where the person elects which gender they consider themselves to be under paragraph | ||
4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason | 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason | ||
Line 3637: | Line 4119: | ||
person’s custody record. | person’s custody record. | ||
(c) Disclosure of information | (c) Disclosure of information | ||
+ | |||
8. Section 22 of the GRA defines any information relating to a person’s application for a GRC | 8. Section 22 of the GRA defines any information relating to a person’s application for a GRC | ||
or to a successful applicant’s gender before it became their acquired gender as ‘protected | or to a successful applicant’s gender before it became their acquired gender as ‘protected | ||
Line 3643: | Line 4126: | ||
capacity to disclose that information to any other person in contravention of the GRA. | capacity to disclose that information to any other person in contravention of the GRA. | ||
Disclosure includes making a record of ‘protected information’ which is read by others. | Disclosure includes making a record of ‘protected information’ which is read by others. | ||
+ | |||
Notes for Guidance | Notes for Guidance | ||
L1 Provisions to which paragraph 1 applies include: | L1 Provisions to which paragraph 1 applies include: | ||
+ | |||
In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and | In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, and 11 (searches, strip and | ||
intimate searches of detainees under sections 54 and 55 of PACE); | intimate searches of detainees under sections 54 and 55 of PACE); | ||
+ | |||
In Code A; paragraphs 2.8 and 3.6 and Note 4; | In Code A; paragraphs 2.8 and 3.6 and Note 4; | ||
+ | |||
In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of | In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of | ||
detainees under section 54A of PACE) and paragraph 6.9 (taking samples); | detainees under section 54A of PACE) and paragraph 6.9 (taking samples); | ||
+ | |||
In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and | In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and | ||
intimate searches under sections 54 and 55 of PACE of persons arrested under section | intimate searches under sections 54 and 55 of PACE of persons arrested under section | ||
+ | |||
41 of the Terrorism Act 2000). | 41 of the Terrorism Act 2000). | ||
+ | |||
L2 While there is no agreed definition of transgender (or trans), it is generally used as an | L2 While there is no agreed definition of transgender (or trans), it is generally used as an | ||
umbrella term to describe people whose gender identity (self-identification as being a | umbrella term to describe people whose gender identity (self-identification as being a | ||
woman, man, neither or both) differs from the sex they were registered as at birth. The | woman, man, neither or both) differs from the sex they were registered as at birth. The | ||
term includes, but is not limited to, transsexual people. | term includes, but is not limited to, transsexual people. | ||
+ | |||
L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone | L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone | ||
a process (or part of a process) for the purpose of gender reassignment, which is a | a process (or part of a process) for the purpose of gender reassignment, which is a | ||
Line 3666: | Line 4157: | ||
Both would share the characteristic of gender reassignment with each having the | Both would share the characteristic of gender reassignment with each having the | ||
characteristics of one sex, but with certain characteristics of the other sex. | characteristics of one sex, but with certain characteristics of the other sex. | ||
+ | |||
L4 Transvestite means a person of one gender who dresses in the clothes of a person of the | L4 Transvestite means a person of one gender who dresses in the clothes of a person of the | ||
opposite gender. However, a transvestite does not live permanently in the gender opposite | opposite gender. However, a transvestite does not live permanently in the gender opposite | ||
to their birth sex. | to their birth sex. | ||
+ | |||
L5 Chief officers are responsible for providing corresponding operational guidance and | L5 Chief officers are responsible for providing corresponding operational guidance and | ||
instructions for the deployment of transgender officers and staff under their direction and | instructions for the deployment of transgender officers and staff under their direction and | ||
Line 3674: | Line 4167: | ||
procedures described in paragraph 1. The guidance and instructions must comply with the | procedures described in paragraph 1. The guidance and instructions must comply with the | ||
Equality Act 2010 and should therefore complement the approach in this Annex. | Equality Act 2010 and should therefore complement the approach in this Annex. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 80 | + | |
ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED | ANNEX M DOCUMENTS AND RECORDS TO BE TRANSLATED | ||
+ | |||
1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of | 1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of | ||
20 October 2010 and this Code, essential documents comprise records required to be | 20 October 2010 and this Code, essential documents comprise records required to be | ||
Line 3685: | Line 4178: | ||
proceedings. Passages of essential documents which are not relevant need not be | proceedings. Passages of essential documents which are not relevant need not be | ||
translated. See Note M1 | translated. See Note M1 | ||
+ | |||
2. The table below lists the documents considered essential for the purposes of this Code and | 2. The table below lists the documents considered essential for the purposes of this Code and | ||
when (subject to paragraphs 3 to 7) written translations must be created and provided. See | when (subject to paragraphs 3 to 7) written translations must be created and provided. See | ||
paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. | paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. | ||
+ | |||
Table of essential documents: | Table of essential documents: | ||
- | ESSENTIAL DOCUMENTS FOR THE PURPOSES | + | ESSENTIAL DOCUMENTS FOR THE PURPOSES |
OF THIS CODE | OF THIS CODE | ||
WHEN TRANSLATION | WHEN TRANSLATION | ||
Line 3695: | Line 4190: | ||
WHEN TRANSLATION | WHEN TRANSLATION | ||
TO BE PROVIDED. | TO BE PROVIDED. | ||
+ | |||
(i) The grounds for each of the following authorisations | (i) The grounds for each of the following authorisations | ||
to keep the person in custody as they are described | to keep the person in custody as they are described | ||
and referred to in the custody record: | and referred to in the custody record: | ||
+ | |||
(a) Authorisation for detention before and after | (a) Authorisation for detention before and after | ||
charge given by the custody officer and by the | charge given by the custody officer and by the | ||
review officer, see Code C paragraphs 3.4 and | review officer, see Code C paragraphs 3.4 and | ||
15.16(a). | 15.16(a). | ||
+ | |||
(b) Authorisation to extend detention without charge | (b) Authorisation to extend detention without charge | ||
beyond 24 hours given by a superintendent, see | beyond 24 hours given by a superintendent, see | ||
Code C paragraph 15.16(b). | Code C paragraph 15.16(b). | ||
+ | |||
(c) A warrant of further detention issued by a | (c) A warrant of further detention issued by a | ||
magistrates’ court and any extension(s) of the | magistrates’ court and any extension(s) of the | ||
warrant, see Code C paragraph 15.16(c). | warrant, see Code C paragraph 15.16(c). | ||
+ | |||
(d) An authority to detain in accordance with the | (d) An authority to detain in accordance with the | ||
directions in a warrant of arrest issued in | directions in a warrant of arrest issued in | ||
Line 3722: | Line 4222: | ||
after they have been | after they have been | ||
released (see Note M3). | released (see Note M3). | ||
+ | |||
(ii) Written notice showing particulars of the offence | (ii) Written notice showing particulars of the offence | ||
charged required by Code C paragraph 16.3 or the | charged required by Code C paragraph 16.3 or the | ||
Line 3728: | Line 4229: | ||
As soon as practicable after the person has been | As soon as practicable after the person has been | ||
charged or reported. | charged or reported. | ||
+ | |||
(iii) Written interview records: | (iii) Written interview records: | ||
+ | |||
Code C11.11, 13.3, 13.4 & Code E4.7 | Code C11.11, 13.3, 13.4 & Code E4.7 | ||
Written statement under caution: | Written statement under caution: | ||
+ | |||
Code C Annex D. | Code C Annex D. | ||
- | To be created | + | |
- | contemporaneously by | + | To be created contemporaneously by the interpreter for the person to check and sign. |
- | the interpreter for the | + | |
- | person to check and | + | As soon as practicable after the person has been charged or told they may be prosecuted. |
- | sign. | + | |
- | As soon as practicable | + | |
- | after the person has | + | |
- | been charged or told | + | |
- | they may be | + | |
- | prosecuted. | + | |
3. The custody officer may authorise an oral translation or oral summary of documents (i) to | 3. The custody officer may authorise an oral translation or oral summary of documents (i) to | ||
(ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written | (ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written | ||
Line 3754: | Line 4253: | ||
is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded | is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded | ||
(see paragraph 13.11(e)) | (see paragraph 13.11(e)) | ||
+ | |||
4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation | 4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation | ||
of the essential documents described in the table but only if they do so voluntarily after | of the essential documents described in the table but only if they do so voluntarily after | ||
receiving legal advice or having full knowledge of the consequences and give their | receiving legal advice or having full knowledge of the consequences and give their | ||
unconditional and fully informed consent in writing (see paragraph 9). | unconditional and fully informed consent in writing (see paragraph 9). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 81 | + | |
5. The suspect may be asked if they wish to waive their right to a written translation and | 5. The suspect may be asked if they wish to waive their right to a written translation and | ||
before giving their consent, they must be reminded of their right to legal advice and asked | before giving their consent, they must be reminded of their right to legal advice and asked | ||
whether they wish to speak to a solicitor. | whether they wish to speak to a solicitor. | ||
+ | |||
6. No police officer or police staff should do or say anything with the intention of persuading a | 6. No police officer or police staff should do or say anything with the intention of persuading a | ||
suspect who is entitled to a written translation of an essential document to waive that right. | suspect who is entitled to a written translation of an essential document to waive that right. | ||
See Notes M2 and M3. | See Notes M2 and M3. | ||
+ | |||
7. For the purpose of the waiver: | 7. For the purpose of the waiver: | ||
+ | |||
(a) the consent of a person who is mentally disordered or otherwise mentally vulnerable | (a) the consent of a person who is mentally disordered or otherwise mentally vulnerable | ||
person is only valid if the information about the circumstances under which they can | person is only valid if the information about the circumstances under which they can | ||
waive the right and the reminder about their right to legal advice mentioned in | waive the right and the reminder about their right to legal advice mentioned in | ||
paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult. | paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult. | ||
+ | |||
(b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also | (b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also | ||
obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is | obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is | ||
sufficient in its own right and the information and reminder mentioned in subparagraph | sufficient in its own right and the information and reminder mentioned in subparagraph | ||
+ | |||
(a) above and their consent is also given in the presence of the appropriate | (a) above and their consent is also given in the presence of the appropriate | ||
adult (who may or may not be a parent or guardian). | adult (who may or may not be a parent or guardian). | ||
+ | |||
8. The detainee, their solicitor or appropriate adult may make representations to the custody | 8. The detainee, their solicitor or appropriate adult may make representations to the custody | ||
officer that a document which is not included in the table is essential and that a translation | officer that a document which is not included in the table is essential and that a translation | ||
should be provided. The request may be refused if the officer is satisfied that the | should be provided. The request may be refused if the officer is satisfied that the | ||
translation requested is not essential for the purposes described in paragraph 1 above. | translation requested is not essential for the purposes described in paragraph 1 above. | ||
+ | |||
9. If the custody officer has any doubts about | 9. If the custody officer has any doubts about | ||
providing an oral translation or summary of an essential document instead of a written | providing an oral translation or summary of an essential document instead of a written | ||
Line 3789: | Line 4294: | ||
the officer should seek advice from an inspector or above. | the officer should seek advice from an inspector or above. | ||
Documentation | Documentation | ||
+ | |||
10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody | 10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody | ||
record or interview record as appropriate (see Code C paragraph 13.11(e)). | record or interview record as appropriate (see Code C paragraph 13.11(e)). | ||
Notes for Guidance | Notes for Guidance | ||
+ | |||
M1 It is not necessary to disclose information in any translation which is capable of | M1 It is not necessary to disclose information in any translation which is capable of | ||
undermining or otherwise adversely affecting any investigative processes, for example, by | undermining or otherwise adversely affecting any investigative processes, for example, by | ||
enabling the suspect to fabricate an innocent explanation or to conceal lies from the | enabling the suspect to fabricate an innocent explanation or to conceal lies from the | ||
interviewer. | interviewer. | ||
+ | |||
M2 No police officer or police staff shall indicate to any suspect, except to answer a direct | M2 No police officer or police staff shall indicate to any suspect, except to answer a direct | ||
question, whether the period for which they are liable to be detained or if not detained, the | question, whether the period for which they are liable to be detained or if not detained, the | ||
Line 3802: | Line 4310: | ||
to a written translation of an essential document; or | to a written translation of an essential document; or | ||
if they decide to waive their right to a written translation of an essential document. | if they decide to waive their right to a written translation of an essential document. | ||
+ | |||
M3 There is no power under PACE to detain a person or to delay their release solely to create | M3 There is no power under PACE to detain a person or to delay their release solely to create | ||
and provide a written translation of any essential document. | and provide a written translation of any essential document. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 82 | + | -- ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) -- |
- | ANNEX N LIVE-LINK INTERPRETATION (PARA. 13.12) | + | |
Part 1: When the physical presence of the interpreter is not required. | Part 1: When the physical presence of the interpreter is not required. | ||
+ | |||
1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate, | 1. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides “Where appropriate, | ||
communication technology such as videoconferencing, telephone or the Internet may be | communication technology such as videoconferencing, telephone or the Internet may be | ||
Line 3815: | Line 4325: | ||
and the following provisions of this Annex determine whether the use of a live-link is | and the following provisions of this Annex determine whether the use of a live-link is | ||
appropriate in any particular case. | appropriate in any particular case. | ||
+ | |||
2. Decisions in accordance with this Annex that the physical presence of the interpreter is not | 2. Decisions in accordance with this Annex that the physical presence of the interpreter is not | ||
required and to permit live-link interpretation, must be made on a case by case basis. Each | required and to permit live-link interpretation, must be made on a case by case basis. Each | ||
Line 3829: | Line 4340: | ||
affected as described, it is important to note that a person who does not require an | affected as described, it is important to note that a person who does not require an | ||
appropriate adult may also be adversely impacted by the use of live-link interpretation. | appropriate adult may also be adversely impacted by the use of live-link interpretation. | ||
+ | |||
+ | |||
3. Examples of purposes referred to in paragraph 2 include: | 3. Examples of purposes referred to in paragraph 2 include: | ||
+ | |||
(a) understanding and appreciating their position having regard to any information given to | (a) understanding and appreciating their position having regard to any information given to | ||
them, or sought from them, in accordance with this or any other Code of Practice which, | them, or sought from them, in accordance with this or any other Code of Practice which, | ||
in particular, include: | in particular, include: | ||
+ | |||
the caution (see paragraphs C10.1 and 10.12). | the caution (see paragraphs C10.1 and 10.12). | ||
+ | |||
the special warning (see paragraphs 10.10 to 10.12). | the special warning (see paragraphs 10.10 to 10.12). | ||
+ | |||
information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA). | information about the offence (see paragraphs 10.3, 11.1A and Note 11ZA). | ||
+ | |||
the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). | the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). | ||
+ | |||
the translation of essential documents (see paragraph 13.10B and Annex M). | the translation of essential documents (see paragraph 13.10B and Annex M). | ||
+ | |||
their rights and entitlements (see paragraph 3.12 and C3.21(b)). | their rights and entitlements (see paragraph 3.12 and C3.21(b)). | ||
- | intimate and non-intimate searches of detained persons at police stations. | + | |
+ | intimate and non-intimate searches of detained persons at police stations. | ||
provisions and procedures to which Code D (Identification) applies concerning, for | provisions and procedures to which Code D (Identification) applies concerning, for | ||
example, eye-witness identification, taking fingerprints, samples and photographs. | example, eye-witness identification, taking fingerprints, samples and photographs. | ||
+ | |||
+ | |||
(b) understanding and seeking clarification from the interviewer of questions asked during | (b) understanding and seeking clarification from the interviewer of questions asked during | ||
an interview conducted and recorded in accordance with Code E or Code F and of | an interview conducted and recorded in accordance with Code E or Code F and of | ||
anything else that is said by the interviewer and answering the questions. | anything else that is said by the interviewer and answering the questions. | ||
+ | |||
(c) consulting privately with their solicitor and (if applicable) the appropriate adult (see | (c) consulting privately with their solicitor and (if applicable) the appropriate adult (see | ||
paragraphs 3.18, 13.2A, 13.6 and 13.9): | paragraphs 3.18, 13.2A, 13.6 and 13.9): | ||
+ | |||
(i) to help decide whether to answer questions put to them during interview; and | (i) to help decide whether to answer questions put to them during interview; and | ||
+ | |||
(ii) about any other matter concerning their detention and treatment whilst in custody. | (ii) about any other matter concerning their detention and treatment whilst in custody. | ||
+ | |||
(d) communicating with practitioners and others who have some formal responsibility for, or | (d) communicating with practitioners and others who have some formal responsibility for, or | ||
an interest in, the health and welfare of the suspect. Particular examples include | an interest in, the health and welfare of the suspect. Particular examples include | ||
appropriate healthcare professionals (see section 9 of this Code), Independent Custody | appropriate healthcare professionals (see section 9 of this Code), Independent Custody | ||
Visitors and drug arrest referral workers. | Visitors and drug arrest referral workers. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 83 | + | |
4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a | 4. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a | ||
particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation | particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation | ||
Line 3862: | Line 4389: | ||
their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink | their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink | ||
interpretation must be explained and demonstrated to them, they must be advised of the | interpretation must be explained and demonstrated to them, they must be advised of the | ||
- | chief officer’s obligations concerning the security of live-link communications under paragraph | + | chief officer’s obligations concerning the security of live-link communications under paragraph 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink |
- | 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink | + | |
interpretation should not be used or if they require more information about the operation | interpretation should not be used or if they require more information about the operation | ||
of the arrangements. They must also be told that at any time live-link interpretation is in use, | of the arrangements. They must also be told that at any time live-link interpretation is in use, | ||
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should cease and that the physical presence of an interpreter should be arranged. | should cease and that the physical presence of an interpreter should be arranged. | ||
When the authority of an inspector is required | When the authority of an inspector is required | ||
+ | |||
5. If representations are made that live-link interpretation should not be used, or that at any time | 5. If representations are made that live-link interpretation should not be used, or that at any time | ||
live-link interpretation is in use, its operation should cease and the physical presence of an | live-link interpretation is in use, its operation should cease and the physical presence of an | ||
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may be) continue to be used, unless authorised in writing by an officer of the rank of | may be) continue to be used, unless authorised in writing by an officer of the rank of | ||
inspector or above, in accordance with paragraph 6. | inspector or above, in accordance with paragraph 6. | ||
+ | |||
6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time | 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time | ||
an interpreter is required, live-link interpretation is necessary and justified. In making this | an interpreter is required, live-link interpretation is necessary and justified. In making this | ||
decision, the officer must have regard to: | decision, the officer must have regard to: | ||
+ | |||
(a) the circumstances of the suspect; | (a) the circumstances of the suspect; | ||
+ | |||
(b) the nature and seriousness of the offence; | (b) the nature and seriousness of the offence; | ||
+ | |||
(c) the requirements of the investigation, including its likely impact on both the suspect and | (c) the requirements of the investigation, including its likely impact on both the suspect and | ||
any victim(s); | any victim(s); | ||
+ | |||
(d) the representations made by the suspect, their solicitor and (if applicable) the | (d) the representations made by the suspect, their solicitor and (if applicable) the | ||
appropriate adult that live-link interpretation should not be used (see paragraph 5) | appropriate adult that live-link interpretation should not be used (see paragraph 5) | ||
+ | |||
(e) the availability of a suitable interpreter to be physically present compared with the | (e) the availability of a suitable interpreter to be physically present compared with the | ||
availability of a suitable interpreter for live-link interpretation (see Note N3); and | availability of a suitable interpreter for live-link interpretation (see Note N3); and | ||
+ | |||
(f) the risk if the interpreter is not physically present, evidence obtained using link | (f) the risk if the interpreter is not physically present, evidence obtained using link | ||
interpretation might be excluded in subsequent criminal proceedings; and | interpretation might be excluded in subsequent criminal proceedings; and | ||
+ | |||
(g) the likely impact on the suspect and the investigation of any consequential delay to | (g) the likely impact on the suspect and the investigation of any consequential delay to | ||
arrange for the interpreter to be physically present with the suspect. | arrange for the interpreter to be physically present with the suspect. | ||
+ | |||
7. For the purposes of Code E and live-link interpretation, there is no requirement to make a | 7. For the purposes of Code E and live-link interpretation, there is no requirement to make a | ||
visual recording which shows the interpreter as viewed by the suspect and others present at | visual recording which shows the interpreter as viewed by the suspect and others present at | ||
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that Code F should be applied. | that Code F should be applied. | ||
Documentation | Documentation | ||
+ | |||
8. A record must be made of the actions, decisions, authorisations and outcomes arising from | 8. A record must be made of the actions, decisions, authorisations and outcomes arising from | ||
the requirements of this Annex. This includes representations made in accordance with | the requirements of this Annex. This includes representations made in accordance with | ||
paragraphs 4 and 7. | paragraphs 4 and 7. | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 84 | + | |
Part 2: Modifications for live-link interpretation | Part 2: Modifications for live-link interpretation | ||
9. The following modification shall apply for the purposes of live-link interpretation: | 9. The following modification shall apply for the purposes of live-link interpretation: | ||
+ | |||
(a) Code C paragraph 13.3: | (a) Code C paragraph 13.3: | ||
For the third sentence, substitute: “A clear legible copy of the complete record shall be | For the third sentence, substitute: “A clear legible copy of the complete record shall be | ||
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advise the interpreter of their obligation to keep the original record securely for that | advise the interpreter of their obligation to keep the original record securely for that | ||
purpose.”; | purpose.”; | ||
+ | |||
(b) Code C paragraph 13.4: | (b) Code C paragraph 13.4: | ||
For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall | For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall | ||
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use in evidence if required and must advise the interpreter of their obligation to keep the | use in evidence if required and must advise the interpreter of their obligation to keep the | ||
original record securely for that purpose.”; | original record securely for that purpose.”; | ||
+ | |||
(c) Code C paragraph 13.7: | (c) Code C paragraph 13.7: | ||
After the first sentence, insert: “A clear legible copy of the certified record must be sent | After the first sentence, insert: “A clear legible copy of the certified record must be sent | ||
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for use as evidence if required and must advise the interpreter of their obligation to keep | for use as evidence if required and must advise the interpreter of their obligation to keep | ||
the original record securely for that purpose.” | the original record securely for that purpose.” | ||
+ | |||
(d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews | (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews | ||
At the beginning of each paragraph, insert: “Before the interview commences, the | At the beginning of each paragraph, insert: “Before the interview commences, the | ||
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their solicitor and appropriate adult, unless it has been previously explained and | their solicitor and appropriate adult, unless it has been previously explained and | ||
demonstrated (see Code C Annex N paragraph 4).” | demonstrated (see Code C Annex N paragraph 4).” | ||
+ | |||
(e) Codes E and F, paragraph 4.18 (signing master recording label) | (e) Codes E and F, paragraph 4.18 (signing master recording label) | ||
After the third sentence, insert, “If live-link interpretation has been used, the interviewer | After the third sentence, insert, “If live-link interpretation has been used, the interviewer | ||
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required and must advise the interpreter of their obligation to keep the original | required and must advise the interpreter of their obligation to keep the original | ||
confirmation securely for that purpose.” | confirmation securely for that purpose.” | ||
- | Notes for Guidance | + | |
+ | |||
+ | -- Notes for Guidance -- | ||
N1 For purposes other than an interview, audio-only live-link interpretation, for example by | N1 For purposes other than an interview, audio-only live-link interpretation, for example by | ||
telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an | telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an | ||
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concerns and contribute to the completion of the risk assessment (see Code C paragraph | concerns and contribute to the completion of the risk assessment (see Code C paragraph | ||
3.6). | 3.6). | ||
- | C | + | |
- | Codes of practice – Code C Detention, treatment and questioning of persons by police officers | + | |
- | 85 | + | |
N2 The explanation and demonstration of live-link interpretation is intended to help the suspect, | N2 The explanation and demonstration of live-link interpretation is intended to help the suspect, | ||
solicitor and appropriate adult make an informed decision and to allay any concerns they | solicitor and appropriate adult make an informed decision and to allay any concerns they | ||
may have. | may have. | ||
+ | |||
N3 Factors affecting availability of a suitable interpreter will include the location of the police | N3 Factors affecting availability of a suitable interpreter will include the location of the police | ||
station and the language and type of interpretation (oral or sign language) required. | station and the language and type of interpretation (oral or sign language) required. | ||
www.tso.co.uk | www.tso.co.uk | ||
+ | |||
The Code contained in this booklet has been issued by the Home Secretary under | The Code contained in this booklet has been issued by the Home Secretary under | ||
the Police and Criminal Evidence Act 1984 and has been approved by Parliament. | the Police and Criminal Evidence Act 1984 and has been approved by Parliament. |