User Tools

Site Tools


code_c

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
code_c [2017/04/27 07:50]
frescom
code_c [2017/07/20 14:56] (current)
frescom
Line 1: Line 1:
 ====== PACE CODE C ====== ====== PACE CODE C ======
  
-CODE C+CODE C  
  
 February 2017 February 2017
Line 448: Line 449:
 2.1A When a person: 2.1A When a person:
 is brought to a police station under arrest is brought to a police station under arrest
-is arrested at the police station having attended there voluntarily or +is arrested at the police station having attended there voluntarily or attends a police station to answer bail they must be brought before the custody officer as soon as practicable after their arrival at
- attends a police station to answer bail +
-they must be brought before the custody officer as soon as practicable after their arrival at+
 the station or if applicable, following their arrest after attending the police station voluntarily. the station or if applicable, following their arrest after attending the police station voluntarily.
 This applies to both designated and non-designated police stations. A person is deemed to This applies to both designated and non-designated police stations. A person is deemed to
Line 519: Line 518:
 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
Line 535: Line 537:
  
 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:​
Line 842: Line 853:
 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
Line 859: Line 876:
 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)). 
  
-Notes for Guidance+not informing them of their rights or providing the required information (see paragraph 3.21(b)). 
 + 
 + 
 +-- 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 883: 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
Line 890: Line 918:
 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
Line 2185: 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 2195: 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 2207: 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.
-+
-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 2223: 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 2228: 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 2238: 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 2251: 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 2257: 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). ​
-+
-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 2278: 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 2284: 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 2289: 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 2299: 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 2305: 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 2311: 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. ​
-+
-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 2329: 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 2338: 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 2351: 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 2361: 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.
-+
-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 2384: 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 2389: 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 2397: 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 2407: 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; ​
-+
-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 2431: 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 2438: 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 2447: 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 2460: 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 2466: 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. ​
-+
-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 2478: 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 2484: 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 2489: 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.
-+
-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 2516: 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 2529: 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 2538: 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 2545: 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 2574: 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 2583: 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 2605: 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.
-+
-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 2629: 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 2642: 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 2651: 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; 
-+
-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 2670: 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 2683: Line 2779:
 power no longer applies, or their transfer if the power requires the detainee be taken power no longer applies, or their transfer if the power requires the detainee be taken
 elsewhere as soon as the necessary arrangements are made. Examples include persons: elsewhere as soon as the necessary arrangements are made. Examples include persons:
 +
 (a) arrested on warrant because they failed to answer bail to appear at court; (a) arrested on warrant because they failed to answer bail to appear at court;
 +
 (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted
 after charge; after charge;
 +
 (c) in police custody for specific purposes and periods under the Crime (Sentences) Act (c) in police custody for specific purposes and periods under the Crime (Sentences) Act
 1997, Schedule 1; 1997, Schedule 1;
 +
 (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service
 under the Imprisonment (Temporary Provisions) Act 1980, section 6; under the Imprisonment (Temporary Provisions) Act 1980, section 6;
 +
 (e) being detained to prevent them causing a breach of the peace; (e) being detained to prevent them causing a breach of the peace;
 +
 (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK
 Immigration Service); Immigration Service);
 +
 (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section (g) detained by order of a magistrates’ court under the Criminal Justice Act 1988, section
 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of
Line 2702: Line 2805:
 end of the period authorised by the court or when the need for their detention by police end of the period authorised by the court or when the need for their detention by police
 ceases, whichever is the sooner. ceases, whichever is the sooner.
 +
 15C In the case of a review of detention, but not an extension, the detainee need not be woken 15C In the case of a review of detention, but not an extension, the detainee need not be woken
 for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest for the review. However, if the detainee is likely to be asleep, e.g. during a period of rest
Line 2709: Line 2813:
 detainee not asleep during the review must be present when the grounds for their continued detainee not asleep during the review must be present when the grounds for their continued
 detention are recorded and must at the same time be informed of those grounds unless the  detention are recorded and must at the same time be informed of those grounds unless the 
-C 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers 
-52 
 review officer considers the person is incapable of understanding what is said, violent or review officer considers the person is incapable of understanding what is said, violent or
 likely to become violent or in urgent need of medical attention. likely to become violent or in urgent need of medical attention.
 +
 15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them 15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them
 to make representations remotely by telephone or other electronic means or in person by to make representations remotely by telephone or other electronic means or in person by
Line 2719: Line 2821:
 appropriate adult sufficient notice of the time the decision is expected to be made so that appropriate adult sufficient notice of the time the decision is expected to be made so that
 they can make themselves available. they can make themselves available.
 +
 15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of 15D An application to a Magistrates’ Court under PACE, sections 43 or 44 for a warrant of
 further detention or its extension should be made between 10am and 9pm, and if possible further detention or its extension should be made between 10am and 9pm, and if possible
Line 2725: Line 2828:
 outside normal court hours but between 10am and 9pm, the clerk to the justices should be outside normal court hours but between 10am and 9pm, the clerk to the justices should be
 given notice and informed of this possibility,​ while the court is sitting if possible. given notice and informed of this possibility,​ while the court is sitting if possible.
 +
 15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a 15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a
 superintendent or above who, in accordance with their force operational policy or police superintendent or above who, in accordance with their force operational policy or police
 regulations,​ is given that responsibility on a temporary basis whilst the appointed long-term regulations,​ is given that responsibility on a temporary basis whilst the appointed long-term
 holder is off duty or otherwise unavailable. holder is off duty or otherwise unavailable.
 +
 15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of 15F The provisions of PACE, section 40A allowing telephone reviews do not apply to reviews of
 detention after charge by the custody officer. When video conferencing is not required, detention after charge by the custody officer. When video conferencing is not required,
 they allow the use of a telephone to carry out a review of detention before charge. The they allow the use of a telephone to carry out a review of detention before charge. The
 procedure under PACE, section 42 must be done in person. procedure under PACE, section 42 must be done in person.
 +
 15G Video conferencing facilities means any facilities (whether a live television link or other 15G Video conferencing facilities means any facilities (whether a live television link or other
 facilities) by means of which the review can be carried out with the review officer, the facilities) by means of which the review can be carried out with the review officer, the
Line 2738: Line 2844:
 other. The use of video conferencing facilities for decisions about detention under section other. The use of video conferencing facilities for decisions about detention under section
 45A of PACE is subject to regulations made by the Secretary of State being in force. 45A of PACE is subject to regulations made by the Secretary of State being in force.
 +
 16 Charging detained persons 16 Charging detained persons
 (a) Action (a) Action
 +
 16.1 When the officer in charge of the investigation reasonably believes there is sufficient 16.1 When the officer in charge of the investigation reasonably believes there is sufficient
 evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6), evidence to provide a realistic prospect of conviction for the offence (see paragraph 11.6),
Line 2750: Line 2858:
 presence of the appropriate adult if they are present at the time. presence of the appropriate adult if they are present at the time.
 See Notes 16B and 16C. See Notes 16B and 16C.
 +
 16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is 16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is
 in force the custody officer must comply with that Guidance in deciding how to act in dealing in force the custody officer must comply with that Guidance in deciding how to act in dealing
 with the detainee. See Notes 16AA and 16AB. with the detainee. See Notes 16AA and 16AB.
 +
 16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case 16.1B Where in compliance with the DPP’s Guidance the custody officer decides that the case
 should be immediately referred to the CPS to make the charging decision, consultation should be immediately referred to the CPS to make the charging decision, consultation
Line 2761: Line 2871:
 that they are being released to enable the Director of Public Prosecutions to make a that they are being released to enable the Director of Public Prosecutions to make a
 decision under section 37B. decision under section 37B.
-+
-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 2777: 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 2785: 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 2798: Line 2908:
 and and
 (b) remind the detainee about their right to legal advice. (b) remind the detainee about their right to legal advice.
 +
 16.4A If the detainee: 16.4A If the detainee:
 cannot read, the document may be read to them; cannot read, the document may be read to them;
Line 2820: Line 2931:
 (b) remind the detainee about their right to legal advice. (b) remind the detainee about their right to legal advice.
 See Note 16B See Note 16B
 +
 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult'​s 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adult'​s
 presence if they are already at the police station. If they are not at the police station then presence if they are already at the police station. If they are not at the police station then
 these provisions must be complied with again in their presence when they arrive unless the these provisions must be complied with again in their presence when they arrive unless the
 detainee has been released. See Note 16C. detainee has been released. See Note 16C.
 +
 16.7 When a juvenile is charged with an offence and the custody officer authorises their 16.7 When a juvenile is charged with an offence and the custody officer authorises their
 continued detention after charge, the custody officer must make arrangements for the continued detention after charge, the custody officer must make arrangements for the
Line 2830: Line 2943:
 (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
Line 2844: Line 2960:
 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 2850: 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.
-+
-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 2866: 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,
Line 2875: Line 2995:
 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 2890: 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
Line 2901: Line 3024:
 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 2913: 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.
-+
-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
Line 2936: Line 3060:
 their misuse of any specified Class A drug caused or contributed to the offence, has their misuse of any specified Class A drug caused or contributed to the offence, has
 authorised the sample to be taken. authorised the sample to be taken.
 +
 17.4 The charge condition is met where the detainee: 17.4 The charge condition is met where the detainee:
 (a) has been charged with a trigger offence, or (a) has been charged with a trigger offence, or
Line 2942: 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 2961: 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; ​
-+
-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
Line 2978: Line 3108:
 in respect of that detainee, the sample which has been taken shall be treated as being in respect of that detainee, the sample which has been taken shall be treated as being
 taken by virtue of the charge condition, see paragraph 17.4, being met. taken by virtue of the charge condition, see paragraph 17.4, being met.
 +
 17.10 A detainee from whom a sample may be taken may be detained for up to six hours from 17.10 A detainee from whom a sample may be taken may be detained for up to six hours from
 the time of charge if the custody officer reasonably believes the detention is necessary to the time of charge if the custody officer reasonably believes the detention is necessary to
Line 2984: Line 3115:
 but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to but not beyond 24 hours from the relevant time (as defined in section 41(2) of PACE), to
 enable a sample to be taken. enable a sample to be taken.
 +
 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see
 paragraphs 17.3 and 17.4, and whose release would be required before a sample can be paragraphs 17.3 and 17.4, and whose release would be required before a sample can be
Line 2990: Line 3122:
 within 24 hours after the arrest for the offence that satisfies the arrest condition. within 24 hours after the arrest for the offence that satisfies the arrest condition.
 (b) Documentation (b) Documentation
 +
 17.12 The following must be recorded in the custody record: 17.12 The following must be recorded in the custody record:
 (a) if a sample is taken following authorisation by an officer of the rank of inspector or (a) if a sample is taken following authorisation by an officer of the rank of inspector or
Line 3000: Line 3133:
 met in the same period of continuous detention. See paragraph 17.9. met in the same period of continuous detention. See paragraph 17.9.
 (c) General (c) General
 +
 17.13 A sample may only be taken by a prescribed person. See Note 17C. 17.13 A sample may only be taken by a prescribed person. See Note 17C.
 +
 17.14 Force may not be used to take any sample for the purpose of drug testing. 17.14 Force may not be used to take any sample for the purpose of drug testing.
 +
 17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs 17.15 The terms “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs
 Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same Act 1971. “Specified” (in relation to a Class A drug) and “trigger offence” have the same
 meanings as in Part III of the Criminal Justice and Court Services Act 2000. meanings as in Part III of the Criminal Justice and Court Services Act 2000.
 +
 17.16 Any sample taken: 17.16 Any sample taken:
 (a) may not be used for any purpose other than to ascertain whether the person (a) may not be used for any purpose other than to ascertain whether the person
Line 3012: Line 3149:
 basis that medication has been taken, or for quality assurance purposes. basis that medication has been taken, or for quality assurance purposes.
 (d) Assessment of misuse of drugs (d) Assessment of misuse of drugs
 +
 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive
 for a specified Class A drug under section 63B of PACE a police officer may, at any time  for a specified Class A drug under section 63B of PACE a police officer may, at any time 
-C 
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers 
-58 
 before the person’s release from the police station, impose a requirement on the detainee before the person’s release from the police station, impose a requirement on the detainee
 to attend an initial assessment of their drug misuse by a suitably qualified person and to to attend an initial assessment of their drug misuse by a suitably qualified person and to
Line 3029: Line 3164:
 made for those from whom samples for testing have been taken at the police station made for those from whom samples for testing have been taken at the police station
 where the detainee is in custody. where the detainee is in custody.
 +
 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment
 the police officer must: the police officer must:
Line 3036: Line 3172:
 attend the initial assessment and remain for its duration and if they fail to attend the attend the initial assessment and remain for its duration and if they fail to attend the
 follow-up assessment and remain for its duration (if so required). follow-up assessment and remain for its duration (if so required).
 +
 17.19 Where a police officer has imposed a requirement to attend an initial assessment and a 17.19 Where a police officer has imposed a requirement to attend an initial assessment and a
 follow-up assessment in accordance with paragraph 17.17, he must, before the person is follow-up assessment in accordance with paragraph 17.17, he must, before the person is
Line 3042: Line 3179:
 and and
 (b) confirms the information and repeats the warning referred to in paragraph 17.18. (b) confirms the information and repeats the warning referred to in paragraph 17.18.
 +
 17.20 The following must be recorded in the custody record: 17.20 The following must be recorded in the custody record:
 (a) that the requirement to attend an initial assessment and a follow-up assessment has (a) that the requirement to attend an initial assessment and a follow-up assessment has
Line 3047: Line 3185:
 (b) the information,​ explanation,​ warning and notice given in accordance with paragraphs (b) the information,​ explanation,​ warning and notice given in accordance with paragraphs
 17.17 and 17.19. 17.17 and 17.19.
 +
 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the
 person a further notice in writing which informs the person of any change to the time or person a further notice in writing which informs the person of any change to the time or
 place at which the initial assessment is to take place and which repeats the warning place at which the initial assessment is to take place and which repeats the warning
 referred to in paragraph 17.18(c). referred to in paragraph 17.18(c).
 +
 17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance 17.22 Part 3 of the Drugs Act 2005 also requires police officers to have regard to any guidance
 issued by the Secretary of State in respect of the assessment provisions. issued by the Secretary of State in respect of the assessment provisions.
 +
 Notes for Guidance Notes for Guidance
 +
 17A When warning a person who is asked to provide a urine or non-intimate sample in 17A When warning a person who is asked to provide a urine or non-intimate sample in
 accordance with paragraph 17.6(b), the following form of words may be used: accordance with paragraph 17.6(b), the following form of words may be used:
Line 3063: 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.”
-+
-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 3074: 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 3086: 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 3091: 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 3103: 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)
-+
-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 3123: 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 3136: 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.
-+
-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 3172: 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 3181: 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 3186: 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 3197: 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 3203: 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 3211: 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 3652: Line 3826:
 the time, be given an opportunity to make representations to the officer about the need for the time, be given an opportunity to make representations to the officer about the need for
 continuing detention. See paragraph 15.3. continuing detention. See paragraph 15.3.
 +
 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person 11. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person
 with an offence or takes such other action as is appropriate when there is sufficient with an offence or takes such other action as is appropriate when there is sufficient
Line 3657: 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 3663: 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 3673: 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 3680: 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 3685: 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.
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-73+
 E4 When a person is detained under section 136 of the Mental Health Act 1983 for E4 When a person is detained under section 136 of the Mental Health Act 1983 for
 assessment, the appropriate adult has no role in the assessment process and their assessment, the appropriate adult has no role in the assessment process and their
 presence is not required. presence is not required.
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-74+
 ANNEX F Not used ANNEX F Not used
 +
 ANNEX G FITNESS TO BE INTERVIEWED ANNEX G FITNESS TO BE INTERVIEWED
 +
 1. This Annex contains general guidance to help police officers and healthcare professionals 1. This Annex contains general guidance to help police officers and healthcare professionals
 assess whether a detainee might be at risk in an interview. assess whether a detainee might be at risk in an interview.
 +
 2. A detainee may be at risk in a interview if it is considered that: 2. A detainee may be at risk in a interview if it is considered that:
 +
 (a) conducting the interview could significantly harm the detainee’s physical or mental (a) conducting the interview could significantly harm the detainee’s physical or mental
 state; state;
 +
 (b) anything the detainee says in the interview about their involvement or suspected (b) anything the detainee says in the interview about their involvement or suspected
 involvement in the offence about which they are being interviewed might be involvement in the offence about which they are being interviewed might be
 considered unreliable in subsequent court proceedings because of their physical or considered unreliable in subsequent court proceedings because of their physical or
 mental state. mental state.
 +
 3. In assessing whether the detainee should be interviewed,​ the following must be considered: 3. In assessing whether the detainee should be interviewed,​ the following must be considered:
 +
 (a) how the detainee’s physical or mental state might affect their ability to understand the (a) how the detainee’s physical or mental state might affect their ability to understand the
 nature and purpose of the interview, to comprehend what is being asked and to nature and purpose of the interview, to comprehend what is being asked and to
 appreciate the significance of any answers given and make rational decisions about appreciate the significance of any answers given and make rational decisions about
 whether they want to say anything; whether they want to say anything;
 +
 (b) the extent to which the detainee’s replies may be affected by their physical or mental (b) the extent to which the detainee’s replies may be affected by their physical or mental
 condition rather than representing a rational and accurate explanation of their condition rather than representing a rational and accurate explanation of their
 involvement in the offence; involvement in the offence;
 +
 (c) how the nature of the interview, which could include particularly probing questions, (c) how the nature of the interview, which could include particularly probing questions,
 might affect the detainee. might affect the detainee.
 +
 4. It is essential healthcare professionals who are consulted consider the functional ability of 4. It is essential healthcare professionals who are consulted consider the functional ability of
 the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a the detainee rather than simply relying on a medical diagnosis, e.g. it is possible for a
 person with severe mental illness to be fit for interview. person with severe mental illness to be fit for interview.
 +
 5. Healthcare professionals should advise on the need for an appropriate adult to be present, 5. Healthcare professionals should advise on the need for an appropriate adult to be present,
 whether reassessment of the person’s fitness for interview may be necessary if the whether reassessment of the person’s fitness for interview may be necessary if the
 interview lasts beyond a specified time, and whether a further specialist opinion may be interview lasts beyond a specified time, and whether a further specialist opinion may be
 required. required.
 +
 6. When healthcare professionals identify risks they should be asked to quantify the risks. 6. When healthcare professionals identify risks they should be asked to quantify the risks.
 They should inform the custody officer: They should inform the custody officer:
Line 3728: 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 3739: 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.
-+
-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 3750: 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 3755: 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
-+
-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 3794: 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 3809: 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 3816: 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 3829: 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.”
-+
-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 3850: 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 3866: 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 3871: 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 3882: 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.
-+
-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 3894: 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 3900: 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 3923: 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 3931: 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 3942: 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 3952: 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 3979: 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 3985: 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 4011: 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).
-+
-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 4046: 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 4059: 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 4072: 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 4086: 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 4119: Line 4389:
 their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink
 interpretation must be explained and demonstrated to them, they must be advised of the interpretation must be explained and demonstrated to them, they must be advised of the
-chief officer’s obligations concerning the security of live-link communications under paragraph +chief officer’s obligations concerning the security of live-link communications under paragraph 13.13 (see Note N2) and they must be asked if they wish to make representations that livelink
-13.13 (see Note N2) and they must be asked if they wish to make representations that livelink+
 interpretation should not be used or if they require more information about the operation interpretation should not be used or if they require more information about the operation
 of the arrangements. They must also be told that at any time live-link interpretation is in use, of the arrangements. They must also be told that at any time live-link interpretation is in use,
Line 4126: Line 4395:
 should cease and that the physical presence of an interpreter should be arranged. should cease and that the physical presence of an interpreter should be arranged.
 When the authority of an inspector is required When the authority of an inspector is required
 +
 5. If representations are made that live-link interpretation should not be used, or that at any time 5. If representations are made that live-link interpretation should not be used, or that at any time
 live-link interpretation is in use, its operation should cease and the physical presence of an live-link interpretation is in use, its operation should cease and the physical presence of an
Line 4132: Line 4402:
 may be) continue to be used, unless authorised in writing by an officer of the rank of may be) continue to be used, unless authorised in writing by an officer of the rank of
 inspector or above, in accordance with paragraph 6. inspector or above, in accordance with paragraph 6.
 +
 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time 6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time
 an interpreter is required, live-link interpretation is necessary and justified. In making this an interpreter is required, live-link interpretation is necessary and justified. In making this
 decision, the officer must have regard to: decision, the officer must have regard to:
 +
 (a) the circumstances of the suspect; (a) the circumstances of the suspect;
 +
 (b) the nature and seriousness of the offence; (b) the nature and seriousness of the offence;
 +
 (c) the requirements of the investigation,​ including its likely impact on both the suspect and (c) the requirements of the investigation,​ including its likely impact on both the suspect and
 any victim(s); any victim(s);
 +
 (d) the representations made by the suspect, their solicitor and (if applicable) the (d) the representations made by the suspect, their solicitor and (if applicable) the
 appropriate adult that live-link interpretation should not be used (see paragraph 5) appropriate adult that live-link interpretation should not be used (see paragraph 5)
 +
 (e) the availability of a suitable interpreter to be physically present compared with the (e) the availability of a suitable interpreter to be physically present compared with the
 availability of a suitable interpreter for live-link interpretation (see Note N3); and availability of a suitable interpreter for live-link interpretation (see Note N3); and
 +
 (f) the risk if the interpreter is not physically present, evidence obtained using link (f) the risk if the interpreter is not physically present, evidence obtained using link
 interpretation might be excluded in subsequent criminal proceedings;​ and interpretation might be excluded in subsequent criminal proceedings;​ and
 +
 (g) the likely impact on the suspect and the investigation of any consequential delay to (g) the likely impact on the suspect and the investigation of any consequential delay to
 arrange for the interpreter to be physically present with the suspect. arrange for the interpreter to be physically present with the suspect.
 +
 7. For the purposes of Code E and live-link interpretation,​ there is no requirement to make a 7. For the purposes of Code E and live-link interpretation,​ there is no requirement to make a
 visual recording which shows the interpreter as viewed by the suspect and others present at visual recording which shows the interpreter as viewed by the suspect and others present at
Line 4158: Line 4437:
 that Code F should be applied. that Code F should be applied.
 Documentation Documentation
 +
 8. A record must be made of the actions, decisions, authorisations and outcomes arising from 8. A record must be made of the actions, decisions, authorisations and outcomes arising from
 the requirements of this Annex. This includes representations made in accordance with the requirements of this Annex. This includes representations made in accordance with
 paragraphs 4 and 7.  paragraphs 4 and 7. 
-+
-Codes of practice – Code C Detention, treatment and questioning of persons by police officers +
-84+
 Part 2: Modifications for live-link interpretation Part 2: Modifications for live-link interpretation
 9. The following modification shall apply for the purposes of live-link interpretation:​ 9. The following modification shall apply for the purposes of live-link interpretation:​
 +
 (a) Code C paragraph 13.3: (a) Code C paragraph 13.3:
 For the third sentence, substitute: “A clear legible copy of the complete record shall be For the third sentence, substitute: “A clear legible copy of the complete record shall be
Line 4176: Line 4455:
 advise the interpreter of their obligation to keep the original record securely for that advise the interpreter of their obligation to keep the original record securely for that
 purpose.”;​ purpose.”;​
 +
 (b) Code C paragraph 13.4: (b) Code C paragraph 13.4:
 For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall
Line 4184: Line 4464:
 use in evidence if required and must advise the interpreter of their obligation to keep the use in evidence if required and must advise the interpreter of their obligation to keep the
 original record securely for that purpose.”;​ original record securely for that purpose.”;​
 +
 (c) Code C paragraph 13.7: (c) Code C paragraph 13.7:
 After the first sentence, insert: “A clear legible copy of the certified record must be sent After the first sentence, insert: “A clear legible copy of the certified record must be sent
Line 4190: Line 4471:
 for use as evidence if required and must advise the interpreter of their obligation to keep for use as evidence if required and must advise the interpreter of their obligation to keep
 the original record securely for that purpose.” the original record securely for that purpose.”
 +
 (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews (d) Code C paragraph 11.2 and Codes E and F, paragraph 4.4 - interviews
 At the beginning of each paragraph, insert: “Before the interview commences, the At the beginning of each paragraph, insert: “Before the interview commences, the
Line 4195: Line 4477:
 their solicitor and appropriate adult, unless it has been previously explained and their solicitor and appropriate adult, unless it has been previously explained and
 demonstrated (see Code C Annex N paragraph 4).” demonstrated (see Code C Annex N paragraph 4).”
 +
 (e) Codes E and F, paragraph 4.18 (signing master recording label) (e) Codes E and F, paragraph 4.18 (signing master recording label)
 After the third sentence, insert, “If live-link interpretation has been used, the interviewer After the third sentence, insert, “If live-link interpretation has been used, the interviewer
Line 4204: Line 4487:
 required and must advise the interpreter of their obligation to keep the original required and must advise the interpreter of their obligation to keep the original
 confirmation securely for that purpose.” confirmation securely for that purpose.”
-Notes for Guidance+ 
 + 
 +-- Notes for Guidance ​-- 
 N1 For purposes other than an interview, audio-only live-link interpretation,​ for example by N1 For purposes other than an interview, audio-only live-link interpretation,​ for example by
 telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an telephone (see Code C paragraph 13.12(b)) may provide an appropriate option until an
Line 4215: Line 4501:
 concerns and contribute to the completion of the risk assessment (see Code C paragraph concerns and contribute to the completion of the risk assessment (see Code C paragraph
 3.6).  3.6). 
-+
-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.
code_c.1493279419.txt.gz · Last modified: 2017/04/27 07:50 by frescom