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code_h [2017/06/22 14:15] (current)
frescom created
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 +www.tso.co.uk
 +The Code contained in this booklet has been issued by the Home Secretary under
 +the Police and Criminal Evidence Act 1984 and has been approved by Parliament.
 +Copies of the Codes issued under the Police and Criminal Evidence Act 1984
 +must be readily available in all police stations for consultation by police officers,
 +detained people and members of the public.
 +CODE H
 +Revised
 +Code of Practice in connection
 +with:
 +The detention, treatment and
 +questioning by Police Officers of
 +persons in police detention under
 +Section 41 of, and Schedule 8 to,
 +the Terrorism Act 2000
 +The treatment and questioning
 +by Police Officers of detained
 +persons in respect of whom an
 +authorisation to question after
 +charge has been given under
 +Section 22 of the Counter-Terrorism
 +Act 2008
 +HCODE H
 +Code
 +H
 +58459_PACE Code H A5 Cover.indd 1 09/02/2017 15:33
 +Police and Criminal
 +Evidence Act 1984 (PACE)
 +CODE H
 +Revised
 +Code of Practice in connection with:
 +The detention, treatment and questioning by Police
 +Officers of persons in police detention under
 +Section 41 of, and Schedule 8 to, the Terrorism
 +Act 2000
 +The treatment and questioning by Police Officers
 +of detained persons in respect of whom an
 +authorisation to question after charge has been
 +given under Section 22 of the Counter-Terrorism
 +Act 2008
 +February 2017
 +London: TSO
 +Published by TSO (The Stationery Office) and available from:
 +Online
 +www.tsoshop.co.uk
 +Mail, Telephone, Fax & E-mail
 +TSO
 +PO Box 29, Norwich, NR3 1GN
 +Telephone orders/​General enquiries: 0333 202 5070
 +Fax orders: 0333 202 5080
 +E-mail: customer.services@tso.co.uk
 +Textphone 0333 202 5077
 +TSO@Blackwell and other Accredited Agents
 +Published with the permission of the Home Office on behalf of the Controller of Her
 +Majesty’s Stationery Office.
 +© Crown Copyright 2017
 +All rights reserved.
 +You may re-use this document/​publication (not including logos) free of charge in any format
 +or medium, under the terms of the Open Government Licence v3.0. To view this licence, visit
 +http://​www.nationalarchives.gov.uk/​doc/​open-government-licence/​version/​3 or write to
 +the Information Policy Team, The National Archives, Kew, Richmond, Surrey TW9 4DU;
 +or email: psi@nationalarchives.gsi.gov.uk.
 +Where we have identified any third party copyright information you will need to obtain
 +permission from the copyright holders concerned.
 +ISBN 978 0 11 341404 8
 +Printed on paper containing 75% recycled fibre content minimum
 +Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s
 +Stationery Office
 +P002858631 C5 02/17 58459
 +H
 +1
 +POLICE & CRIMINAL EVIDENCE ACT 1984
 +CODE H
 +REVISED
 +CODE OF PRACTICE IN CONNECTION WITH:
 +THE DETENTION, TREATMENT AND QUESTIONING BY POLICE OFFICERS
 +OF PERSONS IN POLICE DETENTION UNDER SECTION 41 OF,
 +AND SCHEDULE 8 TO, THE TERRORISM ACT 2000
 +THE TREATMENT AND QUESTIONING BY POLICE OFFICERS OF
 +DETAINED PERSONS IN RESPECT OF WHOM AN AUTHORISATION
 +TO QUESTION AFTER CHARGE HAS BEEN GIVEN UNDER
 +SECTION 22 OF THE COUNTER-TERRORISM ACT 2008
 +Commencement - Transitional Arrangements
 +This Code applies to people in police detention after 00:00 on 23 February 2017. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +2
 +Contents
 +1 General ................................................................................................................................ 5
 +Notes for Guidance............................................................................................................. 8
 +2 Custody records ...............................................................................................................10
 +Note for Guidance.............................................................................................................11
 +3 Initial action.......................................................................................................................11
 +(a) Detained persons - normal procedure ...........................................................................11
 +(b) Detained persons - special groups ................................................................................14
 +(c) Documentation ..............................................................................................................16
 +(d) Requirements for suspects to be informed of certain rights ...........................................16
 +Notes for Guidance...........................................................................................................16
 +4 Detainee’s property...........................................................................................................17
 +(a) Action ............................................................................................................................17
 +(b) Documentation ..............................................................................................................18
 +Notes for Guidance...........................................................................................................18
 +5 Right not to be held incommunicado ..............................................................................18
 +(a) Action ............................................................................................................................18
 +(b) Documentation ..............................................................................................................19
 +Notes for Guidance...........................................................................................................19
 +6 Right to legal advice .........................................................................................................20
 +(a) Action ............................................................................................................................20
 +(b) Documentation ..............................................................................................................24
 +Notes for Guidance .......................................................................................................24
 +7 Citizens of independent Commonwealth countries or foreign nationals......................26
 +Note for Guidance.............................................................................................................26
 +8 Conditions of detention....................................................................................................27
 +(a) Action ............................................................................................................................27
 +(b) Documentation ..............................................................................................................28
 +Notes for Guidance...........................................................................................................28
 +9 Care and treatment of detained persons.........................................................................28
 +(a) General .........................................................................................................................28
 +(b) Clinical treatment and attention.....................................................................................29
 +(c) Documentation ..............................................................................................................30
 +Notes for Guidance...........................................................................................................31
 +10 Cautions ............................................................................................................................31
 +(a) When a caution must be given ......................................................................................31
 +(b) Terms of the cautions....................................................................................................32
 +(c) Special warnings under the Criminal Justice and Public Order Act 1994, sections 36
 +and 37 ...........................................................................................................................32
 +(e) Documentation ..............................................................................................................33
 +Notes for Guidance...........................................................................................................33
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +3
 +11 Interviews - general...........................................................................................................34
 +(a) Action ............................................................................................................................34
 +(b) Interview records...........................................................................................................35
 +(c) Juveniles and mentally disordered or otherwise mentally vulnerable people .................35
 +(d) Vulnerable suspects - urgent interviews at police stations.............................................36
 +Notes for Guidance...........................................................................................................36
 +12 Interviews in police stations ............................................................................................37
 +(a) Action ............................................................................................................................37
 +(b) Documentation ..............................................................................................................39
 +Notes for Guidance...........................................................................................................39
 +13 Interpreters ........................................................................................................................40
 +(a) General .........................................................................................................................40
 +(b) Interviewing suspects - foreign languages.....................................................................41
 +(c) Interviewing suspects who have a hearing or speech impediment ................................41
 +(d) Additional rules for detained persons ............................................................................41
 +(e) Translations of essential documents .............................................................................42
 +(f) Decisions not to provide interpretation and translation. .................................................42
 +(g) Documentation ..............................................................................................................42
 +(h) Live-link interpretation ...................................................................................................42
 +(a) Audio and visual communication .............................................................................43
 +(b) Audio and visual or audio without visual communication. ........................................43
 +Notes for Guidance...........................................................................................................43
 +14 Reviews and Extensions of Detention under the Terrorism Act 2000...........................44
 +(a) General .........................................................................................................................44
 +(b) Transfer of persons detained for more than 14 days to prison.......................................45
 +(c) Documentation ..............................................................................................................45
 +Notes for Guidance...........................................................................................................45
 +15 Charging and post-charge questioning in terrorism cases ...........................................47
 +(a) Charging .......................................................................................................................47
 +(b) Post-charge questioning................................................................................................47
 +Right to legal advice......................................................................................................48
 +Cautions........................................................................................................................48
 +Interviews......................................................................................................................48
 +Recording post-charge questioning...............................................................................48
 +Notes for Guidance...........................................................................................................48
 +16 Testing persons for the presence of specified Class A drugs.......................................49
 +ANNEX A INTIMATE AND STRIP SEARCHES......................................................................50
 +A Intimate search .............................................................................................................50
 +(a) Action .....................................................................................................................50
 +(b) Documentation .......................................................................................................50
 +B Strip search ...................................................................................................................51
 +(b) Documentation .......................................................................................................52
 +Notes for Guidance...........................................................................................................52
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +4
 +ANNEX B DELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE
 +FOR PERSONS DETAINED UNDER THE TERRORISM ACT 2000......................53
 +A DELAYS under TACT Schedule 8 .................................................................................53
 +B Documentation ..............................................................................................................54
 +C Cautions and special warnings ......................................................................................54
 +Notes for Guidance...........................................................................................................54
 +ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND
 +TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES .......................55
 +(a) The restriction on drawing adverse inferences from silence ..........................................55
 +(b) Terms of the caution when the restriction applies..........................................................55
 +Notes for Guidance...........................................................................................................56
 +ANNEX D WRITTEN STATEMENTS UNDER CAUTION........................................................57
 +(a) Written by a person under caution.................................................................................57
 +(b) Written by a police officer or other police staff...............................................................57
 +ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND
 +OTHERWISE MENTALLY VULNERABLE PEOPLE .............................................59
 +Notes for Guidance...........................................................................................................60
 +ANNEX F Not used .................................................................................................................61
 +ANNEX G FITNESS TO BE INTERVIEWED ...........................................................................61
 +ANNEX H DETAINED PERSON: OBSERVATION LIST.........................................................62
 +ANNEX I ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF
 +SEARCHING ..........................................................................................................63
 +(a) Consideration ................................................................................................................63
 +(b) Documentation ..............................................................................................................64
 +(c) Disclosure of information ...............................................................................................64
 +Note for Guidance.............................................................................................................64
 +ANNEX J TRANSFER OF PERSONS DETAINED FOR MORE THAN 14 DAYS TO
 +PRISON..................................................................................................................65
 +Notes for Guidance...........................................................................................................66
 +ANNEX K DOCUMENTS AND RECORDS TO BE TRANSLATED.........................................67
 +Note for Guidance.............................................................................................................68
 +ANNEX L LIVE-LINK INTERPRETATION (PARA. 13.12) ......................................................69
 +Part 1: When the physical presence of the interpreter is not required.................................. 69
 +Part 2: Modifications for live-link interpretation ....................................................................71
 +(a) Code H paragraph 13.4: .........................................................................................71
 +(b) Code of Practice for video recording interviews with sound ....................................71
 +(c) Code for video recording interviews with sound - paragraph 4.22 (signing master
 +recording label).......................................................................................................71
 +Notes for Guidance...........................................................................................................71
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +5
 +1 General
 +1.0 The powers and procedures in this Code must be used fairly, responsibly,​ with respect for
 +the people to whom they apply and without unlawful discrimination. Under the Equality Act
 +2010, section 149 (Public sector Equality Duty), police forces must, in carrying out their
 +functions, have due regard to the need to eliminate unlawful discrimination,​ harassment,
 +victimisation and any other conduct which is prohibited by that Act, to advance equality of
 +opportunity between people who share a relevant protected characteristic and people who
 +do not share it, and to foster good relations between those persons. The Equality Act also
 +makes it unlawful for police officers to discriminate against, harass or victimise any person
 +on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment,​
 +race, religion or belief, sex and sexual orientation,​ marriage and civil partnership,​
 +pregnancy and maternity, when using their powers. See Notes 1A and 1AA.
 +1.1 This Code of Practice applies to, and only to:
 +(a) persons in police detention after being arrested under section 41 of the Terrorism Act
 +2000 (TACT) and detained under section 41 of, or Schedule 8 to that Act and not
 +charged, and
 +(b) detained persons in respect of whom an authorisation has been given under section
 +22 of the Counter-Terrorism Act 2008 (post-charge questioning of terrorist suspects)
 +to interview them in which case, section 15 of this Code will apply.
 +1.2 The provisions in PACE Code C apply when a person:
 +(a) is in custody otherwise than as a result of being arrested under section 41 of TACT or
 +detained for examination under Schedule 7 to TACT (see paragraph 1.4);
 +(b) is charged with an offence, or
 +(c) is being questioned about any offence after being charged with that offence without an
 +authorisation being given under section 22 of the Counter-Terrorism Act 2008.
 +See Note 1N.
 +1.3 In this Code references to an offence and to a person’s involvement or suspected
 +involvement in an offence where the person has not been charged with an offence, include
 +being concerned, or suspected of being concerned, in the commission, preparation or
 +instigation of acts of terrorism.
 +1.4 The Code of Practice issued under paragraph 6 of Schedule 14 to TACT applies to persons
 +detained for examination under Schedule 7 to TACT. See Note 1N.
 +1.5 All persons in custody must be dealt with expeditiously,​ and released as soon as the need
 +for detention no longer applies.
 +1.6 There is no provision for bail under TACT before or after charge. See Note 1N.
 +1.7 An officer must perform the assigned duties in this Code as soon as practicable. An officer
 +will not be in breach of this Code if delay is justifiable and reasonable steps are taken to
 +prevent unnecessary delay. The custody record shall show when a delay has occurred and
 +the reason. See Note 1H.
 +1.8 This Code of Practice must be readily available at all police stations for consultation by:
 + ​police officers;
 + ​police staff;
 + ​detained persons;
 +members of the public.
 +1.9 The provisions of this Code:
 + ​include the Annexes;
 +do not include the Notes for Guidance.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +6
 +1.10 If an officer has any suspicion, or is told in good faith, that a person of any age may be
 +mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to
 +dispel that suspicion, the person shall be treated as such for the purposes of this Code.
 +See Note 1G.
 +1.11 Anyone who appears to be under 18 shall, in the absence of clear evidence that they are
 +older, be treated as a juvenile for the purposes of this Code.
 +1.11A Paragraph 1.11 does not change the statutory provisions in section 65(1) of PACE
 +(appropriate consent) which require the consent of a juvenile’s parent or guardian. By
 +virtue of paragraph 15 of Schedule 8 to the Terrorism Act 2000, this is applied to the
 +powers in paragraphs 10 to 14 of that Schedule to take fingerprints,​ intimate and nonintimate
 +samples.
 +1.12 If a person appears to be blind, seriously visually impaired, deaf, unable to read or speak or
 +has difficulty orally because of a speech impediment, they shall be treated as such for the
 +purposes of this Code in the absence of clear evidence to the contrary.
 +1.13 'The appropriate adult' means, in the case of a:
 +(a) juvenile:
 +(i) the parent, guardian or, if the juvenile is in the care of a local authority or
 +voluntary organisation,​ a person representing that authority or organisation (see
 +Note 1B);
 +(ii) a social worker of a local authority (see Note 1C);
 +(iii) failing these, some other responsible adult aged 18 or over who is not:
 +~ a police officer;
 +~ employed by the police;
 +~ under the direction or control of the chief officer of a police force;
 +~ a person who provides services under contractual arrangements (but without
 +being employed by the chief officer of a police force), to assist that force in
 +relation to the discharge of its chief officer’s functions,
 +whether or not they are on duty at the time.
 +See Note 1F.
 +(b) person who is mentally disordered or mentally vulnerable: See Note 1D.
 +(i) a relative, guardian or other person responsible for their care or custody;
 +(ii) someone experienced in dealing with mentally disordered or mentally vulnerable
 +people but who is not:
 +~ a police officer;
 +~ employed by the police;
 +~ under the direction or control of the chief officer of a police force;
 +~ a person who provides services under contractual arrangements (but without
 +being employed by the chief officer of a police force), to assist that force in
 +relation to the discharge of its chief officer’s functions,
 +whether or not they are on duty at the time.
 +(iii) failing these, some other responsible adult aged 18 or over other than a person
 +described in the bullet points in sub-paragraph (b)(ii) above.
 +See Note 1F.
 +1.14 If this Code requires a person be given certain information,​ they do not have to be given it if
 +at the time they are incapable of understanding what is said, are violent or may become
 +violent or in urgent need of medical attention, but they must be given it as soon as
 +practicable. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +7
 +1.15 References to a custody officer include any police officer who for the time being, is
 +performing the functions of a custody officer.
 +1.16 When this Code requires the prior authority or agreement of an officer of at least inspector
 +or superintendent rank, that authority may be given by a sergeant or chief inspector
 +authorised by section 107 of PACE to perform the functions of the higher rank under TACT.
 +1.17 In this Code:
 +(a) ‘designated person’ means a person other than a police officer, who has specified
 +powers and duties conferred or imposed on them by designation under section 38 or
 +39 of the Police Reform Act 2002;
 +(b) reference to a police officer includes a designated person acting in the exercise or
 +performance of the powers and duties conferred or imposed on them by their
 +designation.
 +(c) where a search or other procedure to which this Code applies may only be carried out
 +or observed by a person of the same sex as the detainee, the gender of the detainee
 +and other parties present should be established and recorded in line with Annex I of
 +this Code.
 +1.18 Designated persons are entitled to use reasonable force as follows:
 +(a) when exercising a power conferred on them which allows a police officer exercising
 +that power to use reasonable force, a designated person has the same entitlement to
 +use force; and
 +(b) at other times when carrying out duties conferred or imposed on them that also entitle
 +them to use reasonable force, for example:
 +when at a police station carrying out the duty to keep detainees for whom they are
 +responsible under control and to assist any other police officer or designated
 +person to keep any detainee under control and to prevent their escape.
 +when securing, or assisting any other police officer or designated person in
 +securing, the detention of a person at a police station.
 +when escorting, or assisting any other police officer or designated person in
 +escorting, a detainee within a police station.
 +for the purpose of saving life or limb; or
 +preventing serious damage to property.
 +1.19 Nothing in this Code prevents the custody officer, or other police officer or designated
 +person (see paragraph 1.17) given custody of the detainee by the custody officer, from
 +allowing another person (see (a) and (b) below) to carry out individual procedures or tasks
 +at the police station if the law allows. However, the officer or designated person given
 +custody remains responsible for making sure the procedures and tasks are carried out
 +correctly in accordance with the Codes of Practice (see paragraph 3.5 and Note 3F). The
 +other person who is allowed to carry out the procedures or tasks must be someone who at
 +that time, is:
 +(a) under the direction and control of the chief officer of the force responsible for the
 +police station in question; or
 +(b) providing services under contractual arrangements (but without being employed by
 +the chief officer the police force), to assist a police force in relation to the discharge of
 +its chief officer’s functions.
 +1.20 Designated persons and others mentioned in sub-paragraphs (a) and (b) of paragraph 1.19
 +must have regard to any relevant provisions of this Code.
 +1.21 In any provision of this or any other Code of Practice which allows or requires police
 +officers or police staff to make a record in their report book, the references to report book
 +shall include any official report book or electronic recording device issued to them that 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +8
 +enables the record in question to be made and dealt with in accordance with that provision.
 +References in this and any other Code to written records, forms and signatures include
 +electronic records and forms and electronic confirmation that identifies the person making
 +the record or completing the form.
 +Chief officers must be satisfied as to the integrity and security of the devices, records and
 +forms to which this paragraph applies and that use of those devices, records and forms
 +satisfies relevant data protection legislation.
 +Notes for Guidance
 +1A Although certain sections of this Code apply specifically to people in custody at police
 +stations, those there voluntarily to assist with an investigation should be treated with no less
 +consideration,​ e.g. offered refreshments at appropriate times, and enjoy an absolute right to
 +obtain legal advice or communicate with anyone outside the police station.
 +1AA In paragraph 1.0, under the Equality Act 2010, section 149, the ‘relevant protected
 +characteristics’ are age, disability, gender reassignment,​ pregnancy and maternity, race,
 +religion/​belief and sex and sexual orientation. For further detailed guidance and advice on
 +the Equality Act, see: https://​www.gov.uk/​guidance/​equality-act-2010-guidance.
 +1B A person, including a parent or guardian, should not be an appropriate adult if they:
 + are:
 +suspected of involvement in the offence or involvement in the commission,
 +preparation or instigation of acts of terrorism;
 +the victim;
 +a witness;
 +involved in the investigation.
 +received admissions prior to attending to act as the appropriate adult.
 +Note: If a juvenile’s parent is estranged from the juvenile, they should not be asked to act
 +as the appropriate adult if the juvenile expressly and specifically objects to their presence.
 +1C If a juvenile admits an offence to, or in the presence of, a social worker or member of a
 +youth offending team other than during the time that person is acting as the juvenile’s
 +appropriate adult, another appropriate adult should be appointed in the interest of fairness..
 +1D In the case of people who are mentally disordered or otherwise mentally vulnerable, it may
 +be more satisfactory if the appropriate adult is someone experienced or trained in their care
 +rather than a relative lacking such qualifications. But if the detainee prefers a relative to a
 +better qualified stranger or objects to a particular person their wishes should, if practicable,​
 +be respected.
 +1E A detainee should always be given an opportunity,​ when an appropriate adult is called to
 +the police station, to consult privately with a solicitor in the appropriate adult’s absence if
 +they want. An appropriate adult is not subject to legal privilege.
 +1F A solicitor or independent custody visitor who is present at the police station and acting in
 +that capacity may not be the appropriate adult.
 +1G ‘Mentally vulnerable’ applies to any detainee who, because of their mental state or capacity,
 +may not understand the significance of what is said, of questions or of their replies. ‘Mental
 +disorder’ is defined in the Mental Health Act 1983, section 1(2) as ‘any disorder or disability
 +of mind’. When the custody officer has any doubt about the mental state or capacity of a
 +detainee, that detainee should be treated as mentally vulnerable and an appropriate adult
 +called. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +9
 +1H Paragraph 1.7 is intended to cover delays which may occur in processing detainees e.g. if:
 +a large number of suspects are brought into the station simultaneously to be placed in
 +custody;
 +interview rooms are all being used;
 +there are difficulties contacting an appropriate adult, solicitor or interpreter.
 +1I The custody officer must remind the appropriate adult and detainee about the right to legal
 +advice and record any reasons for waiving it in accordance with section 6.
 +1J Not used
 +1K This Code does not affect the principle that all citizens have a duty to help police officers to
 +prevent crime and discover offenders. This is a civic rather than a legal duty; but when
 +police officers are trying to discover whether, or by whom, offences have been committed,
 +they are entitled to question any person from whom they think useful information can be
 +obtained, subject to the restrictions imposed by this Code. A person’s declaration that they
 +are unwilling to reply does not alter this entitlement.
 +1L If a person is moved from a police station to receive medical treatment, or for any other
 +reason, the period of detention is still calculated from the time of arrest under section 41 of
 +TACT (or, if a person was being detained under TACT Schedule 7 when arrested, from the
 +time at which the examination under Schedule 7 began).
 +1M Under Paragraph 1 of Schedule 8 to TACT, all police stations are designated for detention
 +of persons arrested under section 41 of TACT. Paragraph 4 of Schedule 8 requires that the
 +constable who arrests a person under section 41 takes them as soon as practicable to the
 +police station which the officer considers is “most appropriate”.
 +1N The powers under Part IV of PACE to detain and release on bail (before or after charge) a
 +person arrested under section 24 of PACE for any offence (see PACE Code G (Arrest)) do
 +not apply to persons whilst they are detained under the terrorism powers following their
 +arrest/​detention under section 41 of, or Schedule 7 to, TACT. If when the grounds for
 +detention under these powers cease the person is arrested under section 24 of PACE for a
 +specific offence, the detention and bail provisions of PACE will apply and must be
 +considered from the time of that arrest.
 +1O Not used.
 +1P Not used. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +10
 +2 Custody records
 +2.1 When a person is:
 + ​brought to a police station following arrest under TACT section 41,
 + ​arrested under TACT section 41 at a police station having attended there voluntarily,​
 +brought to a police station and there detained to be questioned in accordance with an
 +authorisation under section 22 of the Counter-Terrorism Act 2008 (post-charge
 +questioning) (see Notes 15A and 15B), or
 +at a police station and there detained when authority for post-charge questioning is
 +given under section 22 of the Counter-Terrorism Act 2008 (see Notes 15A and 15B),
 +they should be brought before the custody officer as soon as practicable after their arrival at
 +the station or, if appropriate,​ following the authorisation of post-charge questioning or
 +following arrest after attending the police station voluntarily see Note 3H. A person is
 +deemed to be "at a police station"​ for these purposes if they are within the boundary of any
 +building or enclosed yard which forms part of that police station.
 +2.2 A separate custody record must be opened as soon as practicable for each person
 +described in paragraph 2.1. All information recorded under this Code must be recorded as
 +soon as practicable in the custody record unless otherwise specified. Any audio or video
 +recording made in the custody area is not part of the custody record.
 +2.3 If any action requires the authority of an officer of a specified rank, this must be noted in the
 +custody record, subject to paragraph 2.8.
 +2.3A If a person is arrested under TACT, section 41 and taken to a police station as a result of a
 +search in the exercise of any stop and search power to which PACE Code A (Stop and
 +search) or the ‘search powers code’ issued under TACT applies, the officer carrying out the
 +search is responsible for ensuring that the record of that stop and search is made as part of
 +the person’s custody record. The custody officer must then ensure that the person is asked
 +if they want a copy of the search record and if they do, that they are given a copy as soon
 +as practicable. The person’s entitlement to a copy of the search record which is made as
 +part of their custody record is in addition to, and does not affect, their entitlement to a copy
 +of their custody record or any other provisions of section 2 (Custody records) of this Code.
 +See Code A paragraph 4.2B and the TACT search powers code paragraph 5.3.5).
 +2.4 The custody officer is responsible for the custody record’s accuracy and completeness and
 +for making sure the record or copy of the record accompanies a detainee if they are
 +transferred to another police station. The record shall show the:
 +time and reason for transfer;
 +time a person is released from detention.
 +2.5 The detainee’s solicitor and appropriate adult must be permitted to inspect the detainee’s
 +custody record as soon as practicable after their arrival at the station and at any other time
 +whilst the person is detained.
 +On request, the detainee, their solicitor and appropriate adult must be allowed to inspect
 +the following records, as promptly as is practicable at any time whilst the person is
 +detained:
 +(a) The information about the circumstances and reasons for the detainee’s arrest as
 +recorded in the custody record in accordance with paragraph 3.4. This applies to any
 +further reasons which come to light and are recorded whilst the detainee is detained;
 +(b) The record of the grounds for each authorisation to keep the person in custody. The
 +authorisations to which this applies are the same as those described in paragraph 2 of
 +Annex M of this Code.
 +Access to the custody record for the purposes of this paragraph must be arranged and
 +agreed with the custody officer and may not unreasonably interfere with the custody ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +11
 +officer’s duties or the justifiable needs of the investigation. A record shall be made when
 +access is allowed. This access is in addition to the requirements in paragraphs 3.4(b), 11.1
 +and 14.0 to provide information about the reasons for arrest and detention and in 14.4A to
 +give the detainee written information about the grounds for continued detention when an
 +application for a warrant of further detention (or for an extension of such a warrant) is made.
 +2.6 When a detainee leaves police detention or is taken before a court they, their legal
 +representative or appropriate adult shall be given, on request, a copy of the custody record
 +as soon as practicable. This entitlement lasts for 12 months after release.
 +2.7 The detainee, appropriate adult or legal representative shall be permitted to inspect the
 +original custody record once the detained person is no longer being held under the
 +provisions of TACT section 41 and Schedule 8 or being questioned after charge as
 +authorised under section 22 of the Counter-Terrorism Act 2008 (see section 15), provided
 +they give reasonable notice of their request. Any such inspection shall be noted in the
 +custody record.
 +2.8 All entries in custody records must be timed and identified by the maker. Nothing in this
 +Code requires the identity of officers or other police staff to be recorded or disclosed in the
 +case of enquiries linked to the investigation of terrorism. In these cases, they shall use their
 +warrant or other identification numbers and the name of their police station, see Note 2A.
 +Records entered on computer shall be timed and contain the operator’s identification.
 +2.9 The fact and time of any detainee’s refusal to sign a custody record, when asked in
 +accordance with this Code, must be recorded.
 +Note for Guidance
 +2A The purpose of paragraph 2.8 is to protect those involved in terrorist investigations or
 +arrests of terrorist suspects from the possibility that those arrested, their associates or other
 +individuals or groups may threaten or cause harm to those involved.
 +3 Initial action
 +(a) Detained persons - normal procedure
 +3.1 When a person to whom paragraph 2.1 applies is at a police station, the custody officer
 +must make sure the person is told clearly about:
 +(a) the following continuing rights which may be exercised at any stage during the period
 +in custody:
 +(i) their right to consult privately with a solicitor and that free independent legal
 +advice is available as in section 6;
 +(ii) their right to have someone informed of their arrest as in section 5;
 +(iii) their right to consult this Code of Practice (see Note 3D);
 +(iv) their right to medical help as in section 9;
 +(v) their right to remain silent as set out in the caution (see section 10); and
 +(vi) if applicable, their right to interpretation and translation (see paragraph 3.14) and
 +the right to communication with their High Commission, Embassy or Consulate
 +(see paragraph 3.14A).
 +(b) their right to be informed about why they have been arrested and detained on
 +suspicion of being involved in the commission, preparation or instigation of acts of
 +terrorism in accordance with paragraphs 2.5, 3.4 and 11.1A of this Code.
 +3.2 The detainee must also be given a written notice, which contains information:​
 +(a) to allow them to exercise their rights by setting out:
 +(i) their rights under paragraph 3.1 (subject to paragraphs 3.14 and 3.14A);
 +(ii) the arrangements for obtaining legal advice, see section 6; 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +12
 +(iii) their right to a copy of the custody record as in paragraph 2.6;
 +(iv) the caution in the terms prescribed in section 10;
 +(v) their rights to:
 +information about the reasons and grounds for their arrest and detention and
 +(as the case may be) any further grounds and reasons that come to light
 +whilst they are in custody;
 +to have access to records and documents which are essential to effectively
 +challenging the lawfulness of their arrest and detention;
 +as required in accordance with paragraphs 2.4, 2.4A, 2.5, 3.4, 11.1, 14.0 and
 +15.7A(c) of this Code and paragraph 3.3 of Code G;
 +(vi) the maximum period for which they may be kept in police detention without
 +being charged, when detention must be reviewed and when release is required.
 +(vii) their right to communicate with their High Commission Embassy or Consulate in
 +accordance with section 7 of this Code, see paragraph 3.14A;
 +(xiii) their right to medical assistance in accordance with section 9 of this Code
 +(xi) their right, if they are prosecuted, to have access to the evidence in the case in
 +accordance with the Criminal Procedure and Investigations Act 1996, the
 +Attorney General’s Guidelines on Disclosure and the common law and the
 +Criminal Procedure Rules; and
 +(b) briefly setting out their entitlements while in custody, by:
 +(i) mentioning:
 +~ the provisions relating to the conduct of interviews;
 +~ the circumstances in which an appropriate adult should be available to assist
 +the detainee and their statutory rights to make representations whenever the
 +need for their detention is reviewed.
 +(ii) listing the entitlements in this Code, concerning
 +~ reasonable standards of physical comfort;
 +~ adequate food and drink;
 +~ access to toilets and washing facilities, clothing, medical attention, and
 +exercise when practicable.
 +See Note 3A
 +3.2A The detainee must be given an opportunity to read the notice and shall be asked to sign the
 +custody record to acknowledge receipt of the notices. Any refusal must be recorded on the
 +custody record.
 +3.3 Not used.
 +3.3A An audio version of the notice and an ‘easy read’ illustrated version should also be provided
 +if they are available (see Note 3A).
 +3.4 (a) The custody officer shall:
 + ​record that the person was arrested under section 41 of TACT and the reason(s)
 +for the arrest on the custody record. See paragraph 10.2 and Note 3G
 +note on the custody record any comment the detainee makes in relation to the
 +arresting officer’s account but shall not invite comment. If the arresting officer is
 +not physically present when the detainee is brought to a police station, the
 +arresting officer’s account must be made available to the custody officer
 +remotely or by a third party on the arresting officer’s behalf;
 +note any comment the detainee makes in respect of the decision to detain them
 +but shall not invite comment;
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +13
 +not put specific questions to the detainee regarding their involvement in any
 +offence (see paragraph 1.3), nor in respect of any comments they may make in
 +response to the arresting officer’s account or the decision to place them in
 +detention. See paragraphs 14.1 and 14.2 and Notes 3H, 14A and 14B. Such
 +an exchange is likely to constitute an interview as in paragraph 11.1 and require
 +the associated safeguards in section 11.
 +Note: This sub-paragraph also applies to any further reasons and grounds for
 +detention which come to light whilst the person is detained.
 +See paragraph 11.8A in respect of unsolicited comments.
 +If the first review of detention is carried out at this time, see paragraphs 14.1 and
 +14.2, and Part II of Schedule 8 to the Terrorism Act 2000 in respect of action by the
 +review officer.
 +(b) Documents and materials which are essential to effectively challenging the
 +lawfulness the detainee’s arrest and detention must be made available to the
 +detainee or their solicitor. Documents and material will be “essential” for this
 +purpose if they are capable of undermining the reasons and grounds which make
 +the detainee’s arrest and detention necessary. The decision about what needs to
 +be disclosed for the purpose of this requirement rests with the custody officer in
 +consultation with the investigating officer who has the knowledge of the documents
 +and materials in a particular case necessary to inform that decision (see Note 3G).
 +A note should be made in the detainee’s custody record of the fact that action has
 +been taken under this sub-paragraph and when. The investigating officer should
 +make a separate note of what has been made available in a particular case. This
 +also applies for the purposes of section 14, see paragraph 14.0.
 +3.5 The custody officer or other custody staff as directed by the custody officer shall:
 +(a) ask the detainee, whether at this time, they:
 +(i) would like legal advice, see paragraph 6.4;
 +(ii) want someone informed of their detention, see section 5;
 +(b) ask the detainee to sign the custody record to confirm their decisions in respect of (a);
 +(c) determine whether the detainee:
 +(i) is, or might be, in need of medical treatment or attention, see section 9;
 +(ii) requires:
 +an appropriate adult (see paragraphs 1.10, 1.11A, and 3.15);
 + help to check documentation (see paragraph 3.21);
 +an interpreter (see paragraph 3.14 and Note 13B).
 +(d) record the decision in respect of (c).
 +Where any duties under this paragraph have been carried out by custody staff at the
 +direction of the custody officer, the outcomes shall, as soon as practicable,​ be reported to
 +the custody officer who retains overall responsibility for the detainee’s care and safe
 +custody and ensuring it complies with this Code. See Note 3I.
 +3.6 When the needs mentioned in paragraph 3.5(c) are being determined, the custody officer is
 +responsible for initiating an assessment to consider whether the detainee is likely to present
 +specific risks to custody staff, any individual who may have contact with detainee (e.g. legal
 +advisers, medical staff), or themselves. This risk assessment must include the taking of
 +reasonable steps to establish the detainee’s identity and to obtain information about the
 +detainee that is relevant to their safe custody, security and welfare and risks to others.
 +Such assessments should therefore always include a check on the Police National
 +Computer (PNC), to be carried out as soon as practicable,​ to identify any risks that have
 +been highlighted in relation to the detainee. Although such assessments are primarily the 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +14
 +custody officer’s responsibility,​ it will be necessary to obtain information from other sources,
 +especially the investigation team see Note 3E, the arresting officer or an appropriate
 +healthcare professional,​ see paragraph 9.15. Other records held by or on behalf of the
 +police and other UK law enforcement authorities that might provide information relevant to
 +the detainee’s safe custody, security and welfare and risk to others and to confirming their
 +identity should also be checked. Reasons for delaying the initiation or completion of the
 +assessment must be recorded.
 +3.7 Chief officers should ensure that arrangements for proper and effective risk assessments
 +required by paragraph 3.6 are implemented in respect of all detainees at police stations in
 +their area.
 +3.8 Risk assessments must follow a structured process which clearly defines the categories of
 +risk to be considered and the results must be incorporated in the detainee’s custody record.
 +The custody officer is responsible for making sure those responsible for the detainee’s
 +custody are appropriately briefed about the risks. The content of any risk assessment and
 +any analysis of the level of risk relating to the person’s detention is not required to be
 +shown or provided to the detainee or any person acting on behalf of the detainee. If no
 +specific risks are identified by the assessment, that should be noted in the custody record.
 +See Note 3F and paragraph 9.15.
 +3.8A The content of any risk assessment and any analysis of the level of risk relating to the
 +person'​s detention is not required to be shown or provided to the detainee or any person
 +acting on behalf of the detainee. But information should not be withheld from any person
 +acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter,​ if
 +to do so might put that person at risk.
 +3.9 Custody officers are responsible for implementing the response to any specific risk
 +assessment, which should include for example:
 +reducing opportunities for self harm;
 + ​calling an appropriate healthcare professional;​
 +increasing levels of monitoring or observation;​
 +reducing the risk to those who come into contact with the detainee.
 +See Note 3F
 +3.10 Risk assessment is an ongoing process and assessments must always be subject to review
 +if circumstances change.
 +3.11 If video cameras are installed in the custody area, notices shall be prominently displayed
 +showing cameras are in use. Any request to have video cameras switched off shall be
 +refused.
 +3.12 A constable, prison officer or other person authorised by the Secretary of State may take
 +any steps which are reasonably necessary for:
 +(a) photographing the detained person;
 +(b) measuring the person, or
 +(c) identifying the person.
 +3.13 Paragraph 3.12 concerns the power in TACT Schedule 8 Paragraph 2. The power in TACT
 +Schedule 8 Paragraph 2 does not cover the taking of fingerprints,​ intimate samples or nonintimate
 +samples, which is covered in TACT Schedule 8 paragraphs 10 to 15.
 +(b) Detained persons - special groups
 +3.14 If the detainee appears to be someone who does not speak or understand English or who
 +has a hearing or speech impediment the custody officer must ensure:
 +(a) that without delay, arrangements (see paragraph 13.1ZA) are made for the detainee
 +to have the assistance of an interpreter in the action under paragraphs 3.1 to 3.5. If 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +15
 +the person appears to have a hearing or speech impediment, the reference to
 +‘interpreter’ includes appropriate assistance necessary to comply with paragraphs 3.1
 +to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note
 +13B;
 +(b) that in addition to the rights set out in paragraph 3.1(i) to (iii), the detainee is told
 +clearly about their right to interpretation and translation;​
 +(c) that the written notice given to the detainee in accordance with paragraph 3.2 is in a
 +language the detainee understands and includes the right to interpretation and
 +translation together with information about the provisions in section 13 and Annex K,
 +which explain how the right applies (see Note 3A); and
 +(d) that if the translation of the notice is not available, the information in the notice is given
 +through an interpreter and a written translation provided without undue delay
 +3.14A If the detainee is a citizen of an independent Commonwealth country or a national of a
 +foreign country, including the Republic of Ireland, the custody officer must ensure that in
 +addition to the rights set out in paragraph 3.1(i) to (v), they are informed as soon as
 +practicable about their rights of communication with their High Commission, Embassy or
 +Consulate set out in section 7. This right must be included in the written notice given to the
 +detainee in accordance with paragraph 3.2.
 +3.15 If the detainee is a juvenile, the custody officer must, if it is practicable,​ ascertain the
 +identity of a person responsible for their welfare. That person:
 +may be:
 +the parent or guardian;
 +if the juvenile is in local authority or voluntary organisation care, or is otherwise
 +being looked after under the Children Act 1989, a person appointed by that authority
 +or organisation to have responsibility for the juvenile’s welfare;
 +any other person who has, for the time being, assumed responsibility for the
 +juvenile’s welfare.
 +must be informed as soon as practicable that the juvenile has been arrested, why they
 +have been arrested and where they are detained. This right is in addition to the
 +juvenile’s right in section 5 not to be held incommunicado. See Note 3C.
 +3.16 If a juvenile is known to be subject to a court order under which a person or organisation is
 +given any degree of statutory responsibility to supervise or otherwise monitor them,
 +reasonable steps must also be taken to notify that person or organisation (the ‘responsible
 +officer’). The responsible officer will normally be a member of a Youth Offending Team,
 +except for a curfew order which involves electronic monitoring when the contractor
 +providing the monitoring will normally be the responsible officer.
 +3.17 If the detainee is a juvenile, mentally disordered or otherwise mentally vulnerable, the
 +custody officer must, as soon as practicable:​
 +inform the appropriate adult, who in the case of a juvenile may or may not be a person
 +responsible for their welfare, as in paragraph 3.15, of:
 +the grounds for their detention;
 +their whereabouts.
 +ask the adult to come to the police station to see the detainee.
 +3.18 If the appropriate adult is:
 +already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied
 +with in the appropriate adult’s presence;
 +not at the station when these provisions are complied with, they must be complied with
 +again in the presence of the appropriate adult when they arrive, ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +16
 +and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also
 +be given to the appropriate adult if they wish to have a copy.
 +3.19 The detainee shall be advised that:
 +the duties of the appropriate adult include giving advice and assistance;
 +they can consult privately with the appropriate adult at any time.
 +3.20 If the detainee, or appropriate adult on the detainee’s behalf, asks for a solicitor to be called
 +to give legal advice, the provisions of section 6 apply.
 +3.21 If the detainee is blind, seriously visually impaired or unable to read, the custody officer
 +shall make sure their solicitor, relative, appropriate adult or some other person likely to take
 +an interest in them and not involved in the investigation is available to help check any
 +documentation. When this Code requires written consent or signing the person assisting
 +may be asked to sign instead, if the detainee prefers. This paragraph does not require an
 +appropriate adult to be called solely to assist in checking and signing documentation for a
 +person who is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see
 +paragraph 3.17 and Note 13C).
 +3.21A The Children and Young Persons Act 1933, section 31, requires that arrangements must be
 +made for ensuring that a girl under the age of 18, while detained in a police station, is under
 +the care of a woman. See Note 3J. It also requires that arrangements must be made to
 +prevent any person under 18 while being detained in a police station, from associating with
 +an adult charged with any offence, unless that adult is a relative or the adult is jointly
 +charged with the same offence as the person under 18.
 +(c) Documentation
 +3.22 The grounds for a person’s detention shall be recorded, in the person’s presence if
 +practicable.
 +3.23 Action taken under paragraphs 3.14 to 3.22 shall be recorded.
 +(d) Requirements for suspects to be informed of certain rights
 +3.24 The provisions of this section identify the information which must be given to suspects who
 +have been arrested under section 41of the Terrorism Act and cautioned in accordance with
 +section 10 of this Code. It includes information required by EU Directive 2012/13 on the
 +right to information in criminal proceedings. If a complaint is made by or on behalf of such a
 +suspect that the information and (as the case may be) access to records and documents
 +has not been provided as required, the matter shall be reported to an inspector to deal with
 +as a complaint for the purposes of paragraph 9.3, or paragraph 12.10 if the challenge is
 +made during an interview. This would include, for example:
 +not informing them of their rights (see paragraph 3.1);
 +not giving them a copy of the Notice (see paragraph 3.2(a))
 +not providing an opportunity to read the notice (see paragraph 3.2A)
 +not providing the required information (see paragraphs 3.2(a), 3.14(b) and, 3.14A;
 +not allowing access to the custody record (see paragraph 2.5);
 +not providing a translation of the Notice (see paragraph 3.14(c) and (d));
 +Notes for Guidance
 +3A For access to currently available notices, including ‘easy-read’ versions, see
 +https://​www.gov.uk/​notice-of-rights-and-entitlements-a-persons-rights-in-police-detention.
 +3B Not used.
 +3C If the juvenile is in local authority or voluntary organisation care but living with their parents
 +or other adults responsible for their welfare, although there is no legal obligation to inform
 +them, they should normally be contacted, as well as the authority or organisation unless ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +17
 +they are suspected of involvement in the offence concerned. Even if the juvenile is not
 +living with their parents, consideration should be given to informing them.
 +3D The right to consult this or other relevant Codes of Practice does not entitle the person
 +concerned to delay unreasonably any necessary investigative or administrative action whilst
 +they do so. Examples of action which need not be delayed unreasonably include:
 +searching detainees at the police station;
 +taking fingerprints or non-intimate samples without consent for evidential purposes.
 +3E The investigation team will include any officer involved in questioning a suspect, gathering
 +or analysing evidence in relation to the offences of which the detainee is suspected of
 +having committed. Should a custody officer require information from the investigation team,
 +the first point of contact should be the officer in charge of the investigation.
 +3F The Detention and Custody Authorised Professional Practice (APP) produced by the
 +College of Policing (see http://​www.app.college.police.uk)provides more detailed guidance
 +on risk assessments and identifies key risk areas which should always be considered.
 +3G Arrests under TACT section 41 can only be made where an officer has reasonable grounds
 +to suspect that the individual concerned is a “terrorist”. This differs from the constable’s
 +power of arrest for all offences under PACE, section 24, in that it need not be linked to a
 +specific offence. There may also be circumstances where an arrest under TACT is made
 +on the grounds of sensitive information which can not be disclosed. In such circumstances,​
 +the grounds for arrest may be given in terms of the interpretation of a “terrorist” set out in
 +TACT section 40(1)(a) or (b).
 +3H For the purpose of arrests under TACT section 41, the review officer is responsible for
 +authorising detention (see paragraphs 14.1 and 14.2, and Notes 14A and 14B). The review
 +officer’s role is explained in TACT Schedule 8 Part II. A person may be detained after
 +arrest pending the first review, which must take place as soon as practicable after the
 +person’s arrest.
 +3I A custody officer or other officer who, in accordance with this Code, allows or directs the
 +carrying out of any task or action relating to a detainee’s care, treatment, rights and
 +entitlements by another officer or any other person must be satisfied that the officer or
 +person concerned is suitable, trained and competent to carry out the task or action in
 +question.
 +3J Guidance for police officers and police staff on the operational application of section 31 of
 +the Children and Young Persons Act 1933 has been published by the College of Policing
 +and is available at:
 +https://​www.app.college.police.uk/​app-content/​detention-and-custody-2/​detainee-care/​children-andyoung-persons/#​girls.
  
 +4 Detainee’s property
 +(a) Action
 +4.1 The custody officer is responsible for:
 +(a) ascertaining what property a detainee:
 +(i) has with them when they come to the police station, either on first arrival at the
 +police station or any subsequent arrivals at a police station in connection with
 +that detention;
 +(ii) might have acquired for an unlawful or harmful purpose while in custody.
 +(b) the safekeeping of any property taken from a detainee which remains at the police
 +station.
 +The custody officer may search the detainee or authorise their being searched to the extent
 +they consider necessary, provided a search of intimate parts of the body or involving the 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +18
 +removal of more than outer clothing is only made as in Annex A. A search may only be
 +carried out by an officer of the same sex as the detainee. See Note 4A and Annex I.
 +4.2 Detainees may retain clothing and personal effects at their own risk unless the custody
 +officer considers they may use them to cause harm to themselves or others, interfere with
 +evidence, damage property, effect an escape or they are needed as evidence. In this
 +event, the custody officer may withhold such articles as they consider necessary and must
 +tell the detainee why.
 +4.3 Personal effects are those items a detainee may lawfully need, use or refer to while in
 +detention but do not include cash and other items of value.
 +(b) Documentation
 +4.4 It is a matter for the custody officer to determine whether a record should be made of the
 +property a detained person has with him or had taken from him on arrest (see Note 4D).
 +Any record made is not required to be kept as part of the custody record but the custody
 +record should be noted as to where such a record exists and that record shall be treated as
 +being part of the custody record for the purpose of this Code of Practice (see paragraphs
 +2.4, 2.5 and 2.7). Whenever a record is made the detainee shall be allowed to check and
 +sign the record of property as correct. Any refusal to sign shall be recorded.
 +4.5 If a detainee is not allowed to keep any article of clothing or personal effects, the reason
 +must be recorded.
 +Notes for Guidance
 +4A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear
 +the custody officer will have continuing duties in relation to that detainee or when that
 +detainee’s behaviour or offence makes an inventory appropriate. They do not require every
 +detainee to be searched, e.g. if it is clear a person will only be detained for a short period
 +and is not to be placed in a cell, the custody officer may decide not to search them. In such
 +a case the custody record will be endorsed ‘not searched’,​ paragraph 4.4 will not apply, and
 +the detainee will be invited to sign the entry. If the detainee refuses, the custody officer will
 +be obliged to ascertain what property they have in accordance with paragraph 4.1.
 +4B Paragraph 4.4 does not require the custody officer to record on the custody record property
 +in the detainee’s possession on arrest if, by virtue of its nature, quantity or size, it is not
 +practicable to remove it to the police station.
 +4C Paragraph 4.4 does not require items of clothing worn by the person to be recorded unless
 +withheld by the custody officer as in paragraph 4.2.
 +4D Section 43(2) of TACT allows a constable to search a person who has been arrested under
 +section 41 to discover whether they have anything in their possession that may constitute
 +evidence that they are a terrorist.
 +5 Right not to be held incommunicado
 +(a) Action
 +5.1 Any person to whom this Code applies who is held in custody at a police station or other
 +premises may, on request, have one named person who is a friend, relative or a person
 +known to them who is likely to take an interest in their welfare informed at public expense of
 +their whereabouts as soon as practicable. If the person cannot be contacted the detainee
 +may choose up to two alternatives. If they cannot be contacted, the person in charge of
 +detention or the investigation has discretion to allow further attempts until the information
 +has been conveyed. See Notes 5D and 5E.
 +5.2 The exercise of the above right in respect of each person nominated may be delayed only
 +in accordance with Annex B. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +19
 +5.3 The above right may be exercised each time a detainee is taken to another police station or
 +returned to a police station having been previously transferred to prison. This Code does
 +not afford such a right to a person on transfer to a prison, where a detainee’s rights will be
 +governed by Prison Rules, see Annex J paragraph 4.
 +5.4 If the detainee agrees, they may at the custody officer’s discretion, receive visits from
 +friends, family or others likely to take an interest in their welfare, or in whose welfare the
 +detainee has an interest. Custody Officers should liaise closely with the investigation team
 +(see Note 3E) to allow risk assessments to be made where particular visitors have been
 +requested by the detainee or identified themselves to police. In circumstances where the
 +nature of the investigation means that such requests can not be met, consideration should
 +be given, in conjunction with a representative of the relevant scheme, to increasing the
 +frequency of visits from independent visitor schemes. See Notes 5B and 5C.
 +5.5 If a friend, relative or person with an interest in the detainee’s welfare enquires about their
 +whereabouts,​ this information shall be given if the suspect agrees and Annex B does not
 +apply. See Note 5E.
 +5.6 The detainee shall be given writing materials, on request, and allowed to telephone one
 +person for a reasonable time, see Notes 5A and 5F. Either or both these privileges may be
 +denied or delayed if an officer of inspector rank or above considers sending a letter or
 +making a telephone call may result in any of the consequences in Annex B paragraphs 1
 +and 2, particularly in relation to the making of a telephone call in a language which an
 +officer listening to the call (see paragraph 5.7) does not understand. See Note 5G.
 +Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1
 +and 6.1.
 +5.7 Before any letter or message is sent, or telephone call made, the detainee shall be
 +informed that what they say in any letter, call or message (other than in a communication to
 +a solicitor) may be read or listened to and may be given in evidence. A telephone call may
 +be terminated if it is being abused see Note 5G. The costs can be at public expense at the
 +custody officer’s discretion.
 +5.8 Any delay or denial of the rights in this section should be proportionate and should last no
 +longer than necessary.
 +(b) Documentation
 +5.9 A record must be kept of any:
 +(a) request made under this section and the action taken;
 +(b) letters, messages or telephone calls made or received or visit received;
 +(c) refusal by the detainee to have information about them given to an outside enquirer,
 +or any refusal to see a visitor. The detainee must be asked to countersign the record
 +accordingly and any refusal recorded.
 +Notes for Guidance
 +5A A person may request an interpreter to interpret a telephone call or translate a letter.
 +5B At the custody officer’s discretion and subject to the detainee’s consent, visits should be
 +allowed when possible, subject to sufficient personnel being available to supervise a visit
 +and any possible hindrance to the investigation. Custody Officers should bear in mind the
 +exceptional nature of prolonged TACT detention and consider the potential benefits that
 +visits may bring to the health and welfare of detainees who are held for extended periods.
 +5C Official visitors should be given access following consultation with the officer who has
 +overall responsibility for the investigation provided the detainee consents, and they do not
 +compromise safety or security or unduly delay or interfere with the progress of an
 +investigation. Official visitors should still be required to provide appropriate identification ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +20
 +and subject to any screening process in place at the place of detention. Official visitors may
 +include:
 +An accredited faith representative;​
 +Members of either House of Parliament;
 +Public officials needing to interview the prisoner in the course of their duties;
 +Other persons visiting with the approval of the officer who has overall responsibility for
 +the investigation;​
 +Consular officials visiting a detainee who is a national of the country they represent
 +subject to section 7 of this Code.
 +Visits from appropriate members of the Independent Custody Visitors Scheme should be
 +dealt with in accordance with the separate Code of Practice on Independent Custody
 +Visiting.
 +5D If the detainee does not know anyone to contact for advice or support or cannot contact a
 +friend or relative, the custody officer should bear in mind any local voluntary bodies or other
 +organisations that might be able to help. Paragraph 6.1 applies if legal advice is required.
 +5E In some circumstances it may not be appropriate to use the telephone to disclose
 +information under paragraphs 5.1 and 5.5.
 +5F The telephone call at paragraph 5.6 is in addition to any communication under paragraphs
 +5.1 and 6.1. Further calls may be made at the custody officer’s discretion.
 +5G The nature of terrorism investigations means that officers should have particular regard to
 +the possibility of suspects attempting to pass information which may be detrimental to
 +public safety, or to an investigation.
 +6 Right to legal advice
 +(a) Action
 +6.1 Unless Annex B applies, all detainees must be informed that they may at any time consult
 +and communicate privately with a solicitor, whether in person, in writing or by telephone,
 +and that free independent legal advice is available from the duty solicitor. Where an
 +appropriate adult is in attendance, they must also be informed of this right. See paragraph
 +3.1, Note 1I, Notes 6B and 6J
 +6.2 A poster advertising the right to legal advice must be prominently displayed in the charging
 +area of every police station. See Note 6G.
 +6.3 No police officer should, at any time, do or say anything with the intention of dissuading any
 +person who is entitled to legal advice in accordance with this Code, from obtaining legal
 +advice. See Note 6ZA.
 +6.4 The exercise of the right of access to legal advice may be delayed exceptionally only as in
 +Annex B. Whenever legal advice is requested, and unless Annex B applies, the custody
 +officer must act without delay to secure the provision of such advice. If, on being informed
 +or reminded of this right, the detainee declines to speak to a solicitor in person, the officer
 +should point out that the right includes the right to speak with a solicitor on the telephone
 +(see paragraph 5.6). If the detainee continues to waive this right the officer should ask
 +them why and any reasons should be recorded on the custody record or the interview
 +record as appropriate. Reminders of the right to legal advice must be given as in
 +paragraphs 3.5, 11.3 and 5 of Annex K of this Code and PACE Code D on the Identification
 +of Persons by Police Officers, paragraphs 3.17(ii) and 6.3. Once it is clear a detainee does
 +not want to speak to a solicitor in person or by telephone they should cease to be asked
 +their reasons. See Note 6J. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +21
 +6.5 An officer of the rank of Commander or Assistant Chief Constable or above may give a
 +direction under TACT Schedule 8 paragraph 9 that a detainee may only consult a solicitor
 +within the sight and hearing of a qualified officer. Such a direction may only be given if the
 +officer has reasonable grounds to believe that if it were not, it may result in one of the
 +consequences set out in TACT Schedule 8 paragraph 8(4) or (5)(c). See Annex B
 +paragraph 3 and Note 6I. A “qualified officer” means a police officer who:
 +(a) is at least the rank of inspector;
 +(b) is of the uniformed branch of the force of which the officer giving the direction is a
 +member, and
 +(c) in the opinion of the officer giving the direction, has no connection with the detained
 +person’s case.
 +Officers considering the use of this power should first refer to Home Office Circular
 +40/2003.
 +6.6 In the case of a person who is a juvenile or is mentally disordered or otherwise mentally
 +vulnerable, an appropriate adult should consider whether legal advice from a solicitor is
 +required. If such a detained person wants to exercise the right to legal advice, the
 +appropriate action should be taken and should not be delayed until the appropriate adult
 +arrives. If the person indicates that they do not want legal advice, the appropriate adult has
 +the right to ask for a solicitor to attend if this would be in the best interests of the person.
 +However, the person cannot be forced to see the solicitor if they are adamant that they do
 +not wish to do so.
 +6.7 A detainee who wants legal advice may not be interviewed or continue to be interviewed
 +until they have received such advice unless:
 +(a) Annex B applies, when the restriction on drawing adverse inferences from silence in
 +Annex C will apply because the detainee is not allowed an opportunity to consult a
 +solicitor; or
 +(b) an officer of superintendent rank or above has reasonable grounds for believing that:
 +(i) the consequent delay might:
 + lead to interference with, or harm to, evidence connected with an offence;
 +lead to interference with, or physical harm to, other people;
 +lead to serious loss of, or damage to, property;
 +lead to alerting other people suspected of having committed an offence but
 +not yet arrested for it;
 +hinder the recovery of property obtained in consequence of the commission
 +of an offence.
 +See Note 6A
 +(ii) when a solicitor, including a duty solicitor, has been contacted and has agreed
 +to attend, awaiting their arrival would cause unreasonable delay to the process
 +of investigation.
 +Note: In these cases the restriction on drawing adverse inferences from silence in
 +Annex C will apply because the detainee is not allowed an opportunity to consult a
 +solicitor.
 +(c) the solicitor the detainee has nominated or selected from a list:
 +(i) cannot be contacted;
 +(ii) has previously indicated they do not wish to be contacted; or
 +(iii) having been contacted, has declined to attend; and
 +the detainee has been advised of the Duty Solicitor Scheme but has declined
 +to ask for the duty solicitor;
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +22
 + in these circumstances the interview may be started or continued without
 +further delay provided an officer of inspector rank or above has agreed to
 +the interview proceeding.
 +Note: The restriction on drawing adverse inferences from silence in Annex C will not
 +apply because the detainee is allowed an opportunity to consult the duty solicitor;
 +(d) the detainee changes their mind, about wanting legal advice or (as the case may be)
 +about wanting a solicitor present at the interview, and states that they no longer wish to
 +speak to a solicitor. In these circumstances the interview may be started or continued
 +without delay provided that:
 +(i) an officer of inspector rank or above:
 +speaks to the detainee to enquire about the reasons for their change of
 +mind (see Note 6J), and
 +makes, or directs the making of, reasonable efforts to ascertain the
 +solicitor’s expected time of arrival and to inform the solicitor that the suspect
 +has stated that they wish to change their mind and the reason (if given);
 +(ii) the detainee’s reason for their change of mind (if given) and the outcome of the
 +action in (i) are recorded in the custody record;
 +(iii) the detainee, after being informed of the outcome of the action in (i) above,
 +confirms in writing that they want the interview to proceed without speaking or
 +further speaking to a solicitor or (as the case may be) without a solicitor being
 +present and do not wish to wait for a solicitor by signing an entry to this effect in
 +the custody record;
 +(iv) an officer of inspector rank or above is satisfied that it is proper for the interview
 +to proceed in these circumstances and:
 +gives authority in writing for the interview to proceed and if the authority is
 +not recorded in the custody record, the officer must ensure that the custody
 +record shows the date and time of the authority and where it is recorded;
 +and
 + takes or directs the taking of, reasonable steps to inform the solicitor that
 +the authority has been given and the time when the interview is expected to
 +commence and records or causes to be recorded, the outcome of this action
 +in the custody record.
 +(v) When the interview starts and the interviewer reminds the suspect of their right
 +to legal advice (see paragraph 11.3) and the Code of Practice issued under
 +paragraph 3 of Schedule 8 to the Terrorism Act 2000 for the video recording
 +with sound of interviews, the interviewer shall then ensure that the following is
 +recorded in the interview record made in accordance with that Code:
 + ​confirmation that the detainee has changed their mind about wanting legal
 +advice or (as the case may be) about wanting a solicitor present and the
 +reasons for it if given;
 +the fact that authority for the interview to proceed has been given and,
 +subject to paragraph 2.8, the name of the authorising officer;
 +that if the solicitor arrives at the station before the interview is completed,
 +the detainee will be so informed without delay and a break will be taken to
 +allow them to speak to the solicitor if they wish, unless paragraph 6.7(a)
 +applies, and
 +that at any time during the interview, the detainee may again ask for legal
 +advice and that if they do, a break will be taken to allow them to speak to the
 +solicitor, unless paragraph 6.7(a), (b), or (c) applies. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +23
 +Note: In these circumstances the restriction on drawing adverse inferences from
 +silence in Annex C will not apply because the detainee is allowed an opportunity to
 +consult a solicitor if they wish.
 +6.8 If paragraph 6.7(a) applies, where the reason for authorising the delay ceases to apply,
 +there may be no further delay in permitting the exercise of the right in the absence of a
 +further authorisation unless paragraph 6.7(b), (c) or (d) applies. If paragraph 6.7(b)(i)
 +applies, once sufficient information has been obtained to avert the risk, questioning must
 +cease until the detainee has received legal advice unless paragraph 6.7(a), (b)(ii), (c) or (d)
 +applies.
 +6.9 A detainee who has been permitted to consult a solicitor shall be entitled on request to have
 +the solicitor present when they are interviewed unless one of the exceptions in paragraph
 +6.7 applies.
 +6.10 The solicitor may only be required to leave the interview if their conduct is such that the
 +interviewer is unable properly to put questions to the suspect. See Notes 6C and 6D.
 +6.11 If the interviewer considers a solicitor is acting in such a way, they will stop the interview
 +and consult an officer not below superintendent rank, if one is readily available, and
 +otherwise an officer not below inspector rank not connected with the investigation. After
 +speaking to the solicitor, the officer consulted will decide if the interview should continue in
 +the presence of that solicitor. If they decide it should not, the suspect will be given the
 +opportunity to consult another solicitor before the interview continues and that solicitor
 +given an opportunity to be present at the interview. See Note 6D.
 +6.12 The removal of a solicitor from an interview is a serious step and, if it occurs, the officer of
 +superintendent rank or above who took the decision will consider if the incident should be
 +reported to the Solicitors Regulatory Authority. If the decision to remove the solicitor has
 +been taken by an officer below superintendent rank, the facts must be reported to an officer
 +of superintendent rank or above, who will similarly consider whether a report to the
 +Solicitors Regulatory Authority would be appropriate. When the solicitor concerned is a
 +duty solicitor, the report should be both to the Solicitors Regulatory Authority and to the
 +Legal Aid Agency.
 +6.13 ‘Solicitor’ in this Code means:
 +a solicitor who holds a current practising certificate;​
 +an accredited or probationary representative included on the register of representatives
 +maintained by the Legal Aid Agency.
 +6.14 An accredited or probationary representative sent to provide advice by, and on behalf of, a
 +solicitor shall be admitted to the police station for this purpose unless an officer of inspector
 +rank or above considers such a visit will hinder the investigation and directs otherwise.
 +Hindering the investigation does not include giving proper legal advice to a detainee as in
 +Note 6C. Once admitted to the police station, paragraphs 6.7 to 6.11 apply.
 +6.15 In exercising their discretion under paragraph 6.14, the officer should take into account in
 +particular:
 +whether:
 +the identity and status of an accredited or probationary representative have been
 +satisfactorily established;​
 +they are of suitable character to provide legal advice,
 +any other matters in any written letter of authorisation provided by the solicitor on whose
 +behalf the person is attending the police station. See Note 6E. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +24
 +6.16 If the inspector refuses access to an accredited or probationary representative or a decision
 +is taken that such a person should not be permitted to remain at an interview, the inspector
 +must notify the solicitor on whose behalf the representative was acting and give them an
 +opportunity to make alternative arrangements. The detainee must be informed and the
 +custody record noted.
 +6.17 If a solicitor arrives at the station to see a particular person, that person must, unless Annex
 +B applies, be so informed whether or not they are being interviewed and asked if they
 +would like to see the solicitor. This applies even if the detainee has declined legal advice
 +or, having requested it, subsequently agreed to be interviewed without receiving advice.
 +The solicitor’s attendance and the detainee’s decision must be noted in the custody record.
 +(b) Documentation
 +6.18 Any request for legal advice and the action taken shall be recorded.
 +6.19 A record shall be made in the interview record if a detainee asks for legal advice and an
 +interview is begun either in the absence of a solicitor or their representative,​ or they have
 +been required to leave an interview.
 +Notes for Guidance
 +6ZA No police officer or police staff shall indicate to any suspect, except to answer a direct
 +question, that the period for which they are liable to be detained, or the time taken to
 +complete the interview, might be reduced:
 +if they do not ask for legal advice or do not want a solicitor present when they are
 +interviewed;​ or
 +if after asking for legal advice, they change their mind about wanting it or (as the case
 +may be) wanting a solicitor present when they are interviewed and agree to be
 +interviewed without waiting for a solicitor.
 +6A In considering if paragraph 6.7(b) applies, the officer should, if practicable,​ ask the solicitor
 +for an estimate of how long it will take to come to the station and relate this to the time
 +detention is permitted, the time of day (i.e. whether the rest period under paragraph 12.2 is
 +imminent) and the requirements of other investigations. If the solicitor is on their way or is
 +to set off immediately,​ it will not normally be appropriate to begin an interview before they
 +arrive. If it appears necessary to begin an interview before the solicitor’s arrival, they
 +should be given an indication of how long the police would be able to wait so there is an
 +opportunity to make arrangements for someone else to provide legal advice. Nothing within
 +this section is intended to prevent police from ascertaining immediately after the arrest of an
 +individual whether a threat to public safety exists (see paragraph 11.2).
 +6B A detainee has a right to free legal advice and to be represented by a solicitor. This Note
 +for Guidance explains the arrangements which enable detainees to whom this Code applies
 +to obtain legal advice. An outline of these arrangements is also included in the Notice of
 +Rights and Entitlements given to detainees in accordance with paragraph 3.2.
 +The detainee can ask for free advice from a solicitor they know or if they do not know a
 +solicitor or the solicitor they know cannot be contacted, from the duty solicitor.
 +To arrange free legal advice, the police should telephone the Defence Solicitor Call Centre
 +(DSCC). The call centre will contact either the duty solicitor or the solicitor requested by the
 +detainee as appropriate.
 +When a detainee wants to pay for legal advice themselves:
 +the DSCC will contact a solicitor of their choice on their behalf;
 +they should be given an opportunity to consult a specific solicitor or another
 +solicitor from that solicitor’s firm. If this solicitor is not available, they may choose
 +up to two alternatives. If these alternatives are not available, the custody officer ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +25
 +has discretion to allow further attempts until a solicitor has been contacted and
 +agreed to provide advice;
 +they are entitled to a private consultation with their chosen solicitor on the
 +telephone or the solicitor may decide to come to the police station;
 +if their chosen solicitor cannot be contacted, the DSCC may still be called to
 +arrange free legal advice.
 +Apart from carrying out duties necessary to implement these arrangements,​ an officer must
 +not advise the suspect about any particular firm of solicitors.
 +6C The solicitor’s only role in the police station is to protect and advance the legal rights of their
 +client. On occasions this may require the solicitor to give advice which has the effect of the
 +client avoiding giving evidence which strengthens a prosecution case. The solicitor may
 +intervene in order to seek clarification,​ challenge an improper question to their client or the
 +manner in which it is put, advise their client not to reply to particular questions, or if they
 +wish to give their client further legal advice. Paragraph 6.9 only applies if the solicitor’s
 +approach or conduct prevents or unreasonably obstructs proper questions being put to the
 +suspect or the suspect’s response being recorded. Examples of unacceptable conduct
 +include answering questions on a suspect’s behalf or providing written replies for the
 +suspect to quote.
 +6D An officer who takes the decision to exclude a solicitor must be in a position to satisfy the
 +court the decision was properly made. In order to do this they may need to witness what is
 +happening.
 +6E If an officer of at least inspector rank considers a particular solicitor or firm of solicitors is
 +persistently sending probationary representatives who are unsuited to provide legal advice,
 +they should inform an officer of at least superintendent rank, who may wish to take the
 +matter up with the Solicitors Regulatory Authority.
 +6F Subject to the constraints of Annex B, a solicitor may advise more than one client in an
 +investigation if they wish. Any question of a conflict of interest is for the solicitor under their
 +professional code of conduct. If, however, waiting for a solicitor to give advice to one client
 +may lead to unreasonable delay to the interview with another, the provisions of paragraph
 +6.7(b) may apply.
 +6G In addition to a poster in English, a poster or posters containing translations into Welsh, the
 +main minority ethnic languages and the principal European languages should be displayed
 +wherever they are likely to be helpful and it is practicable to do so.
 +6H Not used
 +6I Whenever a detainee exercises their right to legal advice by consulting or communicating
 +with a solicitor, they must be allowed to do so in private. This right to consult or
 +communicate in private is fundamental. Except as allowed by the Terrorism Act 2000,
 +Schedule 8, paragraph 9, if the requirement for privacy is compromised because what is
 +said or written by the detainee or solicitor for the purpose of giving and receiving legal
 +advice is overheard, listened to, or read by others without the informed consent of the
 +detainee, the right will effectively have been denied. When a detainee speaks to a solicitor
 +on the telephone, they should be allowed to do so in private unless a direction under
 +Schedule 8, paragraph 9 of the Terrorism Act 2000 has been given or this is impractical
 +because of the design and layout of the custody area, or the location of telephones.
 +However, the normal expectation should be that facilities will be available, unless they are
 +being used, at all police stations to enable detainees to speak in private to a solicitor either
 +face to face or over the telephone.
 +6J A detainee is not obliged to give reasons for declining legal advice and should not be
 +pressed to do so.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +26
 +7 Citizens of independent Commonwealth countries or foreign nationals
 +(a) Action
 +7.1 A detainee who is a citizen of an independent Commonwealth country or a national of a
 +foreign country, including the Republic of Ireland, has the right, upon request, to
 +communicate at any time with the appropriate High Commission, Embassy or Consulate.
 +That detainee must be informed as soon as practicable of this right and asked if they want
 +to have their High Commission, Embassy or Consulate told of their whereabouts and the
 +grounds for their detention. Such a request should be acted upon as soon as practicable.
 +See Note 7A.
 +7.2 A detainee who is a citizen of a country with which a bilateral consular convention or
 +agreement is in force requiring notification of arrest, must also be informed that subject to
 +paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission,
 +Embassy or Consulate as soon as practicable,​ whether or not they request it. A list of the
 +countries to which this requirement currently applies and contact details for the relevant
 +High Commissions,​ Embassies and Consulates can be obtained from the Consular
 +Directorate of the Foreign and Commonwealth Office (FCO) as follows:
 +from the FCO web pages:
 +https://​gov.uk/​government/​publications/​table-of-consular-conventions-and-mandatory-notificationobligations,​
 +and
 +https://​www.gov.uk/​government/​publications/​foreign-embassies-in-the-uk
 +by telephone to 020 7008 3100,
 +by email to fcocorrespondence@fco.gov.uk.
 +by letter to the Foreign and Commonwealth Office, King Charles Street, London, SW1A
 +2AH.
 +7.3 Consular officers may, if the detainee agrees, visit one of their nationals in police detention
 +to talk to them and, if required, to arrange for legal advice. Such visits shall take place out
 +of the hearing of a police officer.
 +7.4 Notwithstanding the provisions of consular conventions,​ if the detainee claims that they are
 +a refugee or have applied or intend to apply for asylum the custody officer must ensure that
 +UK Visas and Immigration (UKVI) (formerly the UK Border Agency) are informed as soon
 +as practicable of the claim. UKVI will then determine whether compliance with relevant
 +international obligations requires notification of arrest to be sent and will inform the custody
 +officer as to what action police need to take.
 +(b) Documentation
 +7.5 A record shall be made:
 +when a detainee is informed of their rights under this section and of any requirement in
 +paragraph 7.2;
 +of any communications with a High Commission, Embassy or Consulate, and
 +of any communications with UKVI about a detainee’s claim to be a refugee or to be
 +seeking asylum and the resulting action taken by police.
 +Note for Guidance
 +7A The exercise of the rights in this section may not be interfered with even though Annex B
 +applies. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +27
 +8 Conditions of detention
 +(a) Action
 +8.1 So far as it is practicable,​ not more than one detainee should be detained in each cell. See
 +Note 8E.
 +8.2 Cells in use must be adequately heated, cleaned and ventilated. They must be adequately
 +lit, subject to such dimming as is compatible with safety and security to allow people
 +detained overnight to sleep. No additional restraints shall be used within a locked cell
 +unless absolutely necessary and then only restraint equipment, approved for use in that
 +force by the chief officer, which is reasonable and necessary in the circumstances having
 +regard to the detainee’s demeanour and with a view to ensuring their safety and the safety
 +of others. If a detainee is deaf, mentally disordered or otherwise mentally vulnerable,
 +particular care must be taken when deciding whether to use any form of approved
 +restraints.
 +8.3 Blankets, mattresses, pillows and other bedding supplied shall be of a reasonable standard
 +and in a clean and sanitary condition.
 +8.4 Access to toilet and washing facilities must be provided.
 +8.5 If it is necessary to remove a detainee’s clothes for the purposes of investigation,​ for
 +hygiene, health reasons or cleaning, replacement clothing of a reasonable standard of
 +comfort and cleanliness shall be provided. A detainee may not be interviewed unless
 +adequate clothing has been offered.
 +8.6 At least two light meals and one main meal should be offered in any 24-hour period. See
 +Note 8B. Drinks should be provided at meal times and upon reasonable request between
 +meals. Whenever necessary, advice shall be sought from the appropriate healthcare
 +professional,​ see Note 9A, on medical and dietary matters. As far as practicable,​ meals
 +provided shall offer a varied diet and meet any specific dietary needs or religious beliefs the
 +detainee may have. Detainees should also be made aware that the meals offered meet
 +such needs. The detainee may, at the custody officer’s discretion, have meals supplied by
 +their family or friends at their expense. See Note 8A.
 +8.7 Brief outdoor exercise shall be offered daily if practicable. Where facilities exist, indoor
 +exercise shall be offered as an alternative if outside conditions are such that a detainee can
 +not be reasonably expected to take outdoor exercise (e.g., in cold or wet weather) or if
 +requested by the detainee or for reasons of security. See Note 8C.
 +8.8 Where practicable,​ provision should be made for detainees to practice religious
 +observance. Consideration should be given to providing a separate room which can be
 +used as a prayer room. The supply of appropriate food and clothing, and suitable provision
 +for prayer facilities, such as uncontaminated copies of religious books, should also be
 +considered. See Note 8D.
 +8.9 A juvenile shall not be placed in a cell unless no other secure accommodation is available
 +and the custody officer considers it is not practicable to supervise them if they are not
 +placed in a cell or that a cell provides more comfortable accommodation than other secure
 +accommodation in the station. A juvenile may not be placed in a cell with a detained adult. ​
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +28
 +8.10 Police stations should keep a reasonable supply of reading material available for detainees,
 +including but not limited to, the main religious texts. See Note 8D. Detainees should be
 +made aware that such material is available and reasonable requests for such material
 +should be met as soon as practicable unless to do so would:
 +(i) interfere with the investigation;​ or
 +(ii) prevent or delay an officer from discharging his statutory duties, or those in this
 +Code.
 +If such a request is refused on the grounds of (i) or (ii) above, this should be noted in the
 +custody record and met as soon as possible after those grounds cease to apply.
 +(b) Documentation
 +8.11 A record must be kept of replacement clothing and meals offered.
 +8.11A If a juvenile is placed in a cell, the reason must be recorded.
 +8.12 The use of any restraints on a detainee whilst in a cell, the reasons for it and, if appropriate,​
 +the arrangements for enhanced supervision of the detainee whilst so restrained, shall be
 +recorded. See paragraph 3.9
 +Notes for Guidance
 +8A In deciding whether to allow meals to be supplied by family or friends, the custody officer is
 +entitled to take account of the risk of items being concealed in any food or package and the
 +officer’s duties and responsibilities under food handling legislation. If an officer needs to
 +examine food or other items supplied by family and friends before deciding whether they
 +can be given to the detainee, he should inform the person who has brought the item to the
 +police station of this and the reasons for doing so.
 +8B Meals should, so far as practicable,​ be offered at recognised meal times, or at other times
 +that take account of when the detainee last had a meal.
 +8C In light of the potential for detaining individuals for extended periods of time, the overriding
 +principle should be to accommodate a period of exercise, except where to do so would
 +hinder the investigation,​ delay the detainee’s release or charge, or it is declined by the
 +detainee.
 +8D Police forces should consult with representatives of the main religious communities to
 +ensure the provision for religious observance is adequate, and to seek advice on the
 +appropriate storage and handling of religious texts or other religious items.
 +8E The Detention and Custody Authorised Professional Practice (APP) produced by the
 +College of Policing (see http://​www.app.college.police.uk) provides more detailed guidance
 +on matters concerning detainee healthcare and treatment and associated forensic issues
 +which should be read in conjunction with sections 8 and 9 of this Code.
 +9 Care and treatment of detained persons
 +(a) General
 +9.1 Notwithstanding other requirements for medical attention as set out in this section,
 +detainees who are held for more than 96 hours must be visited by an appropriate
 +healthcare professional at least once every 24 hours.
 +9.2 Nothing in this section prevents the police from calling an appropriate healthcare
 +professional,​ to examine a detainee for the purposes of obtaining evidence relating to any
 +offence in which the detainee is suspected of being involved. See Note 9A.
 +9.3 If a complaint is made by, or on behalf of, a detainee about their treatment since their
 +arrest, or it comes to notice that a detainee may have been treated improperly, a report
 +must be made as soon as practicable to an officer of inspector rank or above not connected
 +with the investigation. If the matter concerns a possible assault or the possibility of the 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +29
 +unnecessary or unreasonable use of force, an appropriate healthcare professional must
 +also be called as soon as practicable.
 +9.4 Detainees should be visited at least every hour. If no reasonably foreseeable risk was
 +identified in a risk assessment, see paragraphs 3.6 to 3.10, there is no need to wake a
 +sleeping detainee. Those suspected of being under the influence of drink or drugs or both
 +or of having swallowed drugs, see Note 9C, or whose level of consciousness causes
 +concern must, subject to any clinical directions given by the appropriate healthcare
 +professional,​ see paragraph 9.15:
 +be visited and roused at least every half hour;
 +have their condition assessed as in Annex H;
 +and clinical treatment arranged if appropriate.
 +See Notes 9B, 9C and 9G
 +9.5 When arrangements are made to secure clinical attention for a detainee, the custody officer
 +must make sure all relevant information which might assist in the treatment of the
 +detainee’s condition is made available to the responsible healthcare professional. This
 +applies whether or not the healthcare professional asks for such information. Any officer or
 +police staff with relevant information must inform the custody officer as soon as practicable.
 +(b) Clinical treatment and attention
 +9.6 The custody officer must make sure a detainee receives appropriate clinical attention as
 +soon as reasonably practicable if the person:
 +(a) appears to be suffering from physical illness; or
 +(b) is injured; or
 +(c) appears to be suffering from a mental disorder; or
 +(d) appears to need clinical attention
 +9.7 This applies even if the detainee makes no request for clinical attention and whether or not
 +they have already received clinical attention elsewhere. If the need for attention appears
 +urgent, e.g. when indicated as in Annex H, the nearest available healthcare professional or
 +an ambulance must be called immediately.
 +9.8 The custody officer must also consider the need for clinical attention as set out in Note 9C
 +in relation to those suffering the effects of alcohol or drugs.
 +9.9 If it appears to the custody officer, or they are told, that a person brought to a station under
 +arrest may be suffering from an infectious disease or condition, the custody officer must
 +take reasonable steps to safeguard the health of the detainee and others at the station. In
 +deciding what action to take, advice must be sought from an appropriate healthcare
 +professional. See Note 9D. The custody officer has discretion to isolate the person and
 +their property until clinical directions have been obtained.
 +9.10 If a detainee requests a clinical examination,​ an appropriate healthcare professional must
 +be called as soon as practicable to assess the detainee'​s clinical needs. If a safe and
 +appropriate care plan cannot be provided, the appropriate healthcare professional’s advice
 +must be sought. The detainee may also be examined by a medical practitioner of their
 +choice at their expense.
 +9.11 If a detainee is required to take or apply any medication in compliance with clinical
 +directions prescribed before their detention, the custody officer must consult the appropriate
 +healthcare professional before the use of the medication. Subject to the restrictions in
 +paragraph 9.12, the custody officer is responsible for the safekeeping of any medication
 +and for making sure the detainee is given the opportunity to take or apply prescribed or
 +approved medication. Any such consultation and its outcome shall be noted in the custody
 +record. ​
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +30
 +9.12 No police officer may administer or supervise the self-administration of medically prescribed
 +controlled drugs of the types and forms listed in the Misuse of Drugs Regulations 2001,
 +Schedule 2 or 3. A detainee may only self-administer such drugs under the personal
 +supervision of the registered medical practitioner authorising their use or other appropriate
 +healthcare professional. The custody officer may supervise the self-administration of, or
 +authorise other custody staff to supervise the self-administration of, drugs listed in Schedule
 +4 or 5 if the officer has consulted the appropriate healthcare professional authorising their
 +use and both are satisfied self-administration will not expose the detainee, police officers or
 +anyone else to the risk of harm or injury.
 +9.13 When appropriate healthcare professionals administer drugs or authorise the use of other
 +medications,​ or consult with the custody officer about allowing self administration of drugs
 +listed in Schedule 4 or 5, it must be within current medicines legislation and the scope of
 +practice as determined by their relevant regulatory body.
 +9.14 If a detainee has in their possession, or claims to need, medication relating to a heart
 +condition, diabetes, epilepsy or a condition of comparable potential seriousness then, even
 +though paragraph 9.6 may not apply, the advice of the appropriate healthcare professional
 +must be obtained.
 +9.15 Whenever the appropriate healthcare professional is called in accordance with this section
 +to examine or treat a detainee, the custody officer shall ask for their opinion about:
 +any risks or problems which police need to take into account when making decisions
 +about the detainee’s continued detention;
 +when to carry out an interview if applicable; and
 +the need for safeguards.
 +9.16 When clinical directions are given by the appropriate healthcare professional,​ whether orally
 +or in writing, and the custody officer has any doubts or is in any way uncertain about any
 +aspect of the directions, the custody officer shall ask for clarification. It is particularly
 +important that directions concerning the frequency of visits are clear, precise and capable of
 +being implemented. See Note 9E.
 +(c) Documentation
 +9.17 A record must be made in the custody record of:
 +(a) the arrangements made for an examination by an appropriate healthcare professional
 +under paragraph 9.3 and of any complaint reported under that paragraph together
 +with any relevant remarks by the custody officer;
 +(b) any arrangements made in accordance with paragraph 9.6;
 +(c) any request for a clinical examination under paragraph 9.10 and any arrangements
 +made in response;
 +(d) the injury, ailment, condition or other reason which made it necessary to make the
 +arrangements in (a) to (c); See Note 9F
 +(e) any clinical directions and advice, including any further clarifications,​ given to police
 +by a healthcare professional concerning the care and treatment of the detainee in
 +connection with any of the arrangements made in (a) to (c); See Notes 9D and 9E
 +(f) if applicable, the responses received when attempting to rouse a person using the
 +procedure in Annex H. See Note 9G.
 +9.18 If a healthcare professional does not record their clinical findings in the custody record, the
 +record must show where they are recorded. See Note 9F. However, information which is
 +necessary to custody staff to ensure the effective ongoing care and well being of the
 +detainee must be recorded openly in the custody record, see paragraph 3.8 and Annex G,
 +paragraph 7. 
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +31
 +9.19 Subject to the requirements of Section 4, the custody record shall include:
 +a record of all medication a detainee has in their possession on arrival at the police
 +station;
 +a note of any such medication they claim to need but do not have with them.
 +Notes for Guidance
 +9A A ‘healthcare professional’ means a clinically qualified person working within the scope of
 +practice as determined by their relevant statutory regulatory body. Whether a healthcare
 +professional is ‘appropriate’ depends on the circumstances of the duties they carry out at
 +the time.
 +9B Whenever possible juveniles and mentally vulnerable detainees should be visited more
 +frequently.
 +9C A detainee who appears drunk or behaves abnormally may be suffering from illness, the
 +effects of drugs or may have sustained injury, particularly a head injury which is not
 +apparent. A detainee needing or dependent on certain drugs, including alcohol, may
 +experience harmful effects within a short time of being deprived of their supply. In these
 +circumstances,​ when there is any doubt, police should always act urgently to call an
 +appropriate healthcare professional or an ambulance. Paragraph 9.6 does not apply to
 +minor ailments or injuries which do not need attention. However, all such ailments or
 +injuries must be recorded in the custody record and any doubt must be resolved in favour of
 +calling the appropriate healthcare professional.
 +9D It is important to respect a person’s right to privacy and information about their health must
 +be kept confidential and only disclosed with their consent or in accordance with clinical
 +advice when it is necessary to protect the detainee’s health or that of others who come into
 +contact with them.
 +9E The custody officer should always seek to clarify directions that the detainee requires
 +constant observation or supervision and should ask the appropriate healthcare professional
 +to explain precisely what action needs to be taken to implement such directions.
 +9F Paragraphs 9.17 and 9.18 do not require any information about the cause of any injury,
 +ailment or condition to be recorded on the custody record if it appears capable of providing
 +evidence of an offence.
 +9G The purpose of recording a person'​s responses when attempting to rouse them using the
 +procedure in Annex H is to enable any change in the individual’s consciousness level to be
 +noted and clinical treatment arranged if appropriate.
 +10 Cautions
 +(a) When a caution must be given
 +10.1 A person whom there are grounds to suspect of an offence, see Note 10A, must be
 +cautioned before any questions about an offence, or further questions if the answers
 +provide the grounds for suspicion, are put to them if either the suspect’s answers or silence,
 +(i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to a court
 +in a prosecution.
 +10.2 A person who is arrested, or further arrested, must be informed at the time if practicable or,
 +if not, as soon as it becomes practicable thereafter, that they are under arrest and of the
 +grounds and reasons for their arrest, see paragraph 3.4, Note 3G and Note 10B.
 +10.3 As required by section 3 of PACE Code G, a person who is arrested, or further arrested,
 +must also be cautioned unless:
 +(a) it is impracticable to do so by reason of their condition or behaviour at the time; or
 +(b) they have already been cautioned immediately prior to arrest as in paragraph 10.1. 
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +32
 +(b) Terms of the cautions
 +10.4 The caution which must be given:
 +(a) on arrest;
 +(b) on all other occasions before a person is charged or informed they may be
 +prosecuted; see PACE Code C, section 16, and
 +(c) before post-charge questioning under section 22 of the Counter-Terrorism Act 2008
 +(see section 15.9),
 +should, unless the restriction on drawing adverse inferences from silence applies, see
 +Annex C, be in the following terms:
 +“You do not have to say anything. But it may harm your defence if you do not mention
 +when questioned something which you later rely on in Court. Anything you do say may be
 +given in evidence.”
 +Where the use of the Welsh Language is appropriate,​ a constable may provide the caution
 +directly in Welsh in the following terms:
 +“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch
 +chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
 +Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.”
 +See Note 10F
 +10.5 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.
 +10.6 Minor deviations from the words of any caution given in accordance with this Code do not
 +constitute a breach of this Code, provided the sense of the relevant caution is preserved.
 +See Note 10C.
 +10.7 After any break in questioning under caution, the person being questioned must be made
 +aware they remain under caution. If there is any doubt the relevant caution should be given
 +again in full when the interview resumes. See Note 10D.
 +10.8 When, despite being cautioned, a person fails to co-operate or to answer particular
 +questions which may affect their immediate treatment, the person should be informed of
 +any relevant consequences and that those consequences are not affected by the caution.
 +Examples are when a person'​s refusal to provide:
 +their name and address when charged may make them liable to detention;
 +particulars and information in accordance with a statutory requirement.
 +(c) Special warnings under the Criminal Justice and Public Order Act 1994,
 +sections 36 and 37
 +10.9 When a suspect interviewed at a police station or authorised place of detention after arrest
 +fails or refuses to answer certain questions, or to answer satisfactorily,​ after due warning,
 +see Note 10E, a court or jury may draw such inferences as appear proper under the
 +Criminal Justice and Public Order Act 1994, sections 36 and 37. Such inferences may only
 +be drawn when:
 +(a) the restriction on drawing adverse inferences from silence, see Annex C, does not
 +apply; and
 +(b) the suspect is arrested by a constable and fails or refuses to account for any objects,
 +marks or substances, or marks on such objects found:
 +on their person;
 +in or on their clothing or footwear;
 +otherwise in their possession; or
 +in the place they were arrested; ​
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +33
 +(c) the arrested suspect was found by a constable at a place at or about the time the
 +offence for which that officer has arrested them is alleged to have been committed, and
 +the suspect fails or refuses to account for their presence there.
 +When the restriction on drawing adverse inferences from silence applies, the suspect may
 +still be asked to account for any of the matters in (b) or (c) but the special warning
 +described in paragraph 10.10 will not apply and must not be given.
 +10.10 For an inference to be drawn when a suspect fails or refuses to answer a question about
 +one of these matters, or to answer it satisfactorily,​ the suspect must first be told in ordinary
 +language:
 +(a) what offence is being investigated;​
 +(b) what fact they are being asked to account for;
 +(c) this fact may be due to them taking part in the commission of the offence;
 +(d) a court may draw a proper inference if they fail or refuse to account for this fact; and
 +(e) a record is being made of the interview and it may be given in evidence if they are
 +brought to trial.
 +(d) Juveniles and persons who are mentally disordered or otherwise mentally
 +vulnerable
 +10.10AThe information required in paragraph 10.10 must not be given to a suspect who is a
 +juvenile or who is mentally disordered or otherwise mentally vulnerable unless the
 +appropriate adult is present.
 +10.11 If a juvenile or a person who is mentally disordered or otherwise mentally vulnerable is
 +cautioned in the absence of the appropriate adult, the caution must be repeated in the
 +adult'​s presence.
 +10.11ANot used.
 +(e) Documentation
 +10.12 A record shall be made when a caution is given under this section, either in the
 +interviewer’s pocket book or in the interview record.
 +Notes for Guidance
 +10A There must be some reasonable, objective grounds for the suspicion, based on known facts
 +or information which are relevant to the likelihood the offence has been committed and the
 +person to be questioned committed it.
 +10B An arrested person must be given sufficient information to enable them to understand that
 +they have been deprived of their liberty and the reason they have been arrested, e.g. when
 +a person is arrested on suspicion of committing an offence they must be informed of the
 +suspected offence’s nature, when and where it was committed, see Note 3G. The suspect
 +must also be informed of the reason or reasons why the arrest is considered necessary.
 +Vague or technical language should be avoided.
 +10C If it appears a person does not understand the caution, the person giving it should explain it
 +in their own words.
 +10D It may be necessary to show to the court that nothing occurred during an interview break or
 +between interviews which influenced the suspect'​s recorded evidence. After a break in an
 +interview or at the beginning of a subsequent interview, the interviewer should summarise
 +the reason for the break and confirm this with the suspect.
 +10E The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects
 +who have been arrested by a constable or an officer of Revenue and Customs and are
 +given the relevant warning by the police or Revenue and Customs officer who made the
 +arrest or who is investigating the offence. They do not apply to any interviews with
 +suspects who have not been arrested.
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +34
 +10F Nothing in this Code requires a caution to be given or repeated when informing a person
 +not under arrest they may be prosecuted for an offence. However, a court will not be able
 +to draw any inferences under the Criminal Justice and Public Order Act 1994, section 34, if
 +the person was not cautioned.
 +11 Interviews - general
 +(a) Action
 +11.1 An interview in this Code is the questioning of a person arrested on suspicion of being a
 +terrorist which, under paragraph 10.1, must be carried out under caution. Whenever a
 +person is interviewed they and their solicitor must be informed of the grounds for arrest, and
 +given sufficient information to enable them to understand the nature of their suspected
 +involvement in the commission, preparation or instigation of acts of terrorism (see
 +paragraph 3.4(a)) in order to allow for the effective exercise of the rights of the defence.
 +However, whilst the information must always be sufficient information for the person to
 +understand the nature of their suspected involvement in the commission, preparation or
 +instigation of acts of terrorism, this does not require the disclosure of details at a time which
 +might prejudice the terrorism investigation (see Note 3G). The decision about what needs
 +to be disclosed for the purpose of this requirement therefore rests with the investigating
 +officer who has sufficient knowledge of the case to make that decision. The officer who
 +discloses the information shall make a record of the information disclosed and when it was
 +disclosed. This record may be made in the interview record, in the officer’s report book or
 +other form provided for this purpose. See Note 11ZA.
 +11.2 Following the arrest of a person under section 41 TACT, that person must not be
 +interviewed about the relevant offence except at a place designated for detention under
 +Schedule 8 paragraph 1 of the Terrorism Act 2000, unless the consequent delay would be
 +likely to:
 +(a) lead to:
 + ​interference with, or harm to, evidence connected with an offence;
 + ​interference with, or physical harm to, other people; or
 +serious loss of, or damage to, property;
 +(b) lead to alerting other people suspected of committing an offence but not yet arrested
 +for it; or
 +(c) hinder the recovery of property obtained in consequence of the commission of an
 +offence.
 +Interviewing in any of these circumstances shall cease once the relevant risk has been
 +averted or the necessary questions have been put in order to attempt to avert that risk.
 +11.3 Immediately prior to the commencement or re-commencement of any interview at a
 +designated place of detention, the interviewer should remind the suspect of their entitlement
 +to free legal advice and that the interview can be delayed for legal advice to be obtained,
 +unless one of the exceptions in paragraph 6.7 applies. It is the interviewer’s responsibility
 +to make sure all reminders are recorded in the interview record.
 +11.4 At the beginning of an interview the interviewer,​ after cautioning the suspect, see section
 +10, shall put to them any significant statement or silence which occurred in the presence
 +and hearing of a police officer or other police staff before the start of the interview and
 +which have not been put to the suspect in the course of a previous interview. See Note
 +11A. The interviewer shall ask the suspect whether they confirm or deny that earlier
 +statement or silence and if they want to add anything.
 +11.5 A significant statement is one which appears capable of being used in evidence against the
 +suspect, in particular a direct admission of guilt. A significant silence is a failure or refusal
 +to answer a question or answer satisfactorily when under caution, which might, allowing for 
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +35
 +the restriction on drawing adverse inferences from silence, see Annex C, give rise to an
 +inference under the Criminal Justice and Public Order Act 1994, Part III.
 +11.6 No interviewer may try to obtain answers or elicit a statement by the use of oppression.
 +Except as in paragraph 10.8, no interviewer shall indicate, except to answer a direct
 +question, what action will be taken by the police if the person being questioned answers
 +questions, makes a statement or refuses to do either. If the person asks directly what
 +action will be taken if they answer questions, make a statement or refuse to do either, the
 +interviewer may inform them what action the police propose to take provided that action is
 +itself proper and warranted.
 +11.7 The interview or further interview of a person about an offence with which that person has
 +not been charged or for which they have not been informed they may be prosecuted, must
 +cease when:
 +(a) the officer in charge of the investigation is satisfied all the questions they consider
 +relevant to obtaining accurate and reliable information about the offence have been
 +put to the suspect, this includes allowing the suspect an opportunity to give an
 +innocent explanation and asking questions to test if the explanation is accurate and
 +reliable, e.g. to clear up ambiguities or clarify what the suspect said;
 +(b) the officer in charge of the investigation has taken account of any other available
 +evidence; and
 +(c) the officer in charge of the investigation,​ or in the case of a detained suspect, the
 +custody officer, see PACE Code C paragraph 16.1, reasonably believes there is
 +sufficient evidence to provide a realistic prospect of conviction for that offence. See
 +Note 11B.
 +(b) Interview records
 +11.8 Interviews of a person detained under section 41 of, or Schedule 8 to, TACT must be video
 +recorded with sound in accordance with the Code of Practice issued under paragraph 3 of
 +Schedule 8 to the Terrorism Act 2000, or in the case of post-charge questioning authorised
 +under section 22 of the Counter-Terrorism Act 2008, the Code of Practice issued under
 +section 25 of that Act.
 +11.8A A written record shall be made of any comments made by a suspect, including unsolicited
 +comments, which are outside the context of an interview but which might be relevant to the
 +offence. Any such record must be timed and signed by the maker. When practicable the
 +suspect shall be given the opportunity to read that record and to sign it as correct or to
 +indicate how they consider it inaccurate. See Note 11E.
 +(c) Juveniles and mentally disordered or otherwise mentally vulnerable people
 +11.9 A juvenile or person who is mentally disordered or otherwise mentally vulnerable must not
 +be interviewed regarding their involvement or suspected involvement in a criminal offence
 +or offences, or asked to provide or sign a written statement under caution or record of
 +interview, in the absence of the appropriate adult unless paragraphs 11.2 or 11.11 to 11.13
 +apply. See Note 11C.
 +11.10 If an appropriate adult is present at an interview, they shall be informed:
 +that they are not expected to act simply as an observer; and
 +that the purpose of their presence is to:
 + ​advise the person being interviewed;​
 +observe whether the interview is being conducted properly and fairly;
 +facilitate communication with the person being interviewed.
 +11.10A The appropriate adult may be required to leave the interview if their conduct is such that the
 +interviewer is unable properly to put questions to the suspect. This will include situations
 +where the appropriate adult'​s approach or conduct prevents or unreasonably obstructs ​
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +36
 +proper questions being put to the suspect or the suspect'​s responses being recorded (see
 +Note 11F). If the interviewer considers an appropriate adult is acting in such a way, they
 +will stop the interview and consult an officer not below superintendent rank, if one is readily
 +available, and otherwise an officer not below inspector rank not connected with the
 +investigation. After speaking to the appropriate adult, the officer consulted must remind the
 +adult that their role under paragraph 11.10 does not allow them to obstruct proper
 +questioning and give the adult an opportunity to respond. The officer consulted will then
 +decide if the interview should continue without the attendance of that appropriate adult. If
 +they decide it should, another appropriate adult must be obtained before the interview
 +continues, unless the provisions of paragraph 11.11 below apply.
 +(d) Vulnerable suspects - urgent interviews at police stations
 +11.11 The following interviews may take place only if an officer of superintendent rank or above
 +considers delaying the interview will lead to the consequences in paragraph 11.2(a) to (c),
 +and is satisfied the interview would not significantly harm the person’s physical or mental
 +state (see Annex G):
 +(a) an interview of a juvenile or person who is mentally disordered or otherwise mentally
 +vulnerable without the appropriate adult being present;
 +(b) an interview of anyone other than in (a) who appears unable to:
 +appreciate the significance of questions and their answers; or
 +understand what is happening because of the effects of drink, drugs or any
 +illness, ailment or condition;
 +(c) an interview without an interpreter having been arranged, of a detained person whom
 +the custody officer has determined requires an interpreter (see paragraphs 3.5(c)(ii)
 +and 3.14) which is carried out by an interviewer speaking the suspect’s own language
 +or (as the case may be) otherwise establishing effective communication which is
 +sufficient to enable the necessary questions to be asked and answered in order to
 +avert the consequences. See paragraphs 13.2 and 13.5.
 +11.12 These interviews may not continue once sufficient information has been obtained to avert
 +the consequences in paragraph 11.2(a) to (c).
 +11.13 A record shall be made of the grounds for any decision to interview a person under
 +paragraph 11.11.
 +Notes for Guidance
 +11ZA The requirement in paragraph 11.1 for a suspect to be given sufficient information about the
 +nature of their suspected involvement in the commission, preparation or instigation of acts
 +of terrorism offence applies prior to the interview and whether or not they are legally
 +represented. What is sufficient will depend on the circumstances of the case, but it should
 +normally include, as a minimum, a description of the facts relating to the suspected
 +involvement that are known to the officer, including the time and place in question. This
 +aims to avoid suspects being confused or unclear about what they are supposed to have
 +done and to help an innocent suspect to clear the matter up more quickly.
 +11A Paragraph 11.4 does not prevent the interviewer from putting significant statements and
 +silences to a suspect again at a later stage or a further interview.
 +11B The Criminal Procedure and Investigations Act 1996 Code of Practice, paragraph 3.4 states
 +‘In conducting an investigation,​ the investigator should pursue all reasonable lines of
 +enquiry, whether these point towards or away from the suspect. What is reasonable will
 +depend on the particular circumstances.’ Interviewers should keep this in mind when
 +deciding what questions to ask in an interview.
 +11C Although juveniles or people who are mentally disordered or otherwise mentally vulnerable
 +are often capable of providing reliable evidence, they may, without knowing or wishing to do
 +so, be particularly prone in certain circumstances to provide information that may be 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +37
 +unreliable, misleading or self-incriminating. Special care should always be taken when
 +questioning such a person, and the appropriate adult should be involved if there is any
 +doubt about a person'​s age, mental state or capacity. Because of the risk of unreliable
 +evidence it is also important to obtain corroboration of any facts admitted whenever
 +possible.
 +11D Consideration should be given to the effect of extended detention on a detainee and any
 +subsequent information they provide, especially if it relates to information on matters that
 +they have failed to provide previously in response to similar questioning (see Annex G).
 +11E Significant statements described in paragraph 11.4 will always be relevant to the offence
 +and must be recorded. When a suspect agrees to read records of interviews and other
 +comments and sign them as correct, they should be asked to endorse the record with, e.g.
 +‘I agree that this is a correct record of what was said’ and add their signature. If the suspect
 +does not agree with the record, the interviewer should record the details of any
 +disagreement and ask the suspect to read these details and sign them to the effect that
 +they accurately reflect their disagreement. Any refusal to sign should be recorded.
 +11F The appropriate adult may intervene if they consider it is necessary to help the suspect
 +understand any question asked and to help the suspect to answer any question. Paragraph
 +11.10A only applies if the appropriate adult’s approach or conduct prevents or
 +unreasonably obstructs proper questions being put to the suspect or the suspect’s
 +response being recorded. Examples of unacceptable conduct include answering questions
 +on a suspect’s behalf or providing written replies for the suspect to quote. An officer who
 +takes the decision to exclude an appropriate adult must be in a position to satisfy the court
 +the decision was properly made. In order to do this they may need to witness what is
 +happening and give the suspect’s solicitor (if they have one) who witnessed what
 +happened, an opportunity to comment..
 +12 Interviews in police stations
 +(a) Action
 +12.1 If a police officer wants to interview or conduct enquiries which require the presence of a
 +detainee, the custody officer is responsible for deciding whether to deliver the detainee into
 +the officer’s custody. An investigating officer who is given custody of a detainee takes over
 +responsibility for the detainee’s care and treatment for the purposes of this Code until they
 +return the detainee to the custody officer when they must report the manner in which they
 +complied with the Code whilst having custody of the detainee.
 +12.2 Except as below, in any period of 24 hours a detainee must be allowed a continuous period
 +of at least 8 hours for rest, free from questioning,​ travel or any interruption in connection
 +with the investigation concerned. This period should normally be at night or other
 +appropriate time which takes account of when the detainee last slept or rested. If a detainee
 +is arrested at a police station after going there voluntarily,​ the period of 24 hours runs from
 +the time of their arrest (or, if a person was being detained under TACT Schedule 7 when
 +arrested, from the time at which the examination under Schedule 7 began) and not the time
 +of arrival at the police station. The period may not be interrupted or delayed, except:
 +(a) when there are reasonable grounds for believing not delaying or interrupting the
 +period would:
 +(i) involve a risk of harm to people or serious loss of, or damage to, property;
 +(ii) delay unnecessarily the person'​s release from custody; or
 +(iii) otherwise prejudice the outcome of the investigation;​
 +(b) at the request of the detainee, their appropriate adult or legal representative;​
 +(c) when a delay or interruption is necessary in order to:
 +(i) comply with the legal obligations and duties arising under section 14; or
 +(ii) to take action required under section 9 or in accordance with medical advice.
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +38
 +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.
 +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
 +assess whether the detainee is fit enough to be interviewed. This means determining and
 +considering the risks to the detainee’s physical and mental state if the interview took place
 +and determining what safeguards are needed to allow the interview to take place. The
 +custody officer shall not allow a detainee to be interviewed if the custody officer considers it
 +would cause significant harm to the detainee’s physical or mental state. Vulnerable
 +suspects listed at paragraph 11.11 shall be treated as always being at some risk during an
 +interview and these persons may not be interviewed except in accordance with paragraphs
 +11.11 to 11.13.
 +12.4 As far as practicable interviews shall take place in interview rooms which are adequately
 +heated, lit and ventilated.
 +12.5 A suspect whose detention without charge has been authorised under TACT Schedule 8,
 +because the detention is necessary for an interview to obtain evidence of the offence for
 +which they have been arrested, may choose not to answer questions but police do not
 +require the suspect'​s consent or agreement to interview them for this purpose. If a suspect
 +takes steps to prevent themselves being questioned or further questioned, e.g. by refusing
 +to leave their cell to go to a suitable interview room or by trying to leave the interview room,
 +they shall be advised their consent or agreement to interview is not required. The suspect
 +shall be cautioned as in section 10, and informed if they fail or refuse to co-operate, the
 +interview may take place in the cell and that their failure or refusal to co-operate may be
 +given in evidence. The suspect shall then be invited to co-operate and go into the interview
 +room.
 +12.6 People being questioned or making statements shall not be required to stand.
 +12.7 Before the interview commences each interviewer shall, subject to the qualification at
 +paragraph 2.8, identify 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
 +take account of when an interviewee last had a meal. Short refreshment breaks shall be
 +provided at approximately two hour intervals, subject to the interviewer'​s discretion to delay
 +a break if there are reasonable grounds for believing it would:
 +(i) involve a:
 +risk of harm to people;
 +serious loss of, or damage to, property;
 +(ii) unnecessarily delay the detainee'​s release;
 +(iii) otherwise prejudice the outcome of the investigation.
 +See Note 12B
 +12.9 During extended periods where no interviews take place, because of the need to gather
 +further evidence or analyse existing evidence, detainees and their legal representative shall
 +be informed that the investigation into the relevant offence remains ongoing. If practicable,​
 +the detainee and legal representative should also be made aware in general terms of any
 +reasons for long gaps between interviews. Consideration should be given to allowing visits,
 +more frequent exercise, or for reading or writing materials to be offered see paragraph 5.4,
 +section 8 and Note 12C.
 +12.10 If during the interview a complaint is made by or on behalf of the interviewee concerning the
 +provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee
 +may have been treated improperly, the interviewer should:
 +(i) record the matter in the interview record; and
 +(ii) inform the custody officer, who is then responsible for dealing with it as in section 9. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +39
 +(b) Documentation
 +12.11 A record must be made of the:
 +time a detainee is not in the custody of the custody officer, and why;
 + ​reason for any refusal to deliver the detainee out of that custody.
 +12.12 A record shall be made of:
 +the reasons it was not practicable to use an interview room; and
 +any action taken as in paragraph 12.5.
 +The record shall be made on the custody record or in the interview record for action taken
 +whilst an interview record is being kept, with a brief reference to this effect in the custody
 +record.
 +12.13 Any decision to delay a break in an interview must be recorded, with reasons, in the
 +interview record.
 +12.14 All written statements made at police stations under caution shall be written on forms
 +provided for the purpose.
 +12.15 All written statements made under caution shall be taken in accordance with Annex D.
 +Before a person makes a written statement under caution at a police station they shall be
 +reminded about the right to legal advice. See Note 12A.
 +Notes for Guidance
 +12A It is not normally necessary to ask for a written statement if the interview was recorded in
 +accordance with the Code of Practice issued under TACT Schedule 8 Paragraph 3.
 +Statements under caution should normally be taken in these circumstances only at the
 +person'​s express wish. A person may however be asked if they want to make such a
 +statement.
 +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
 +paragraph 12.8 and prolongs the interview, a longer break should be provided. If there is a
 +short interview, and another short interview is contemplated,​ the length of the break may be
 +reduced if there are reasonable grounds to believe this is necessary to avoid any of the
 +consequences in paragraph 12.8(i) to (iii).
 +12C Consideration should be given to the matters referred to in paragraph 12.9 after a period of
 +over 24 hours without questioning. This is to ensure that extended periods of detention
 +without an indication that the investigation remains ongoing do not contribute to a
 +deterioration of the detainee’s well-being. ​
 +H
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 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +40
 +13 Interpreters
 +(a) General
 +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
 +translations of essential documents for detained suspects who, in accordance with
 +paragraph 3.5(c)(ii), the custody officer has determined require an interpreter.
 +If the suspect has a hearing or speech impediment, references to ‘interpreter’ and
 +‘interpretation’ in this Code include appropriate assistance necessary to establish effective
 +communication with that person. See paragraph 13.1C if the detainee is in Wales.
 +13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a),
 +13.2, 13.3, 13.5, 13.6, 13.9, 13.10A, 13.10D and 13.11 below and in any other Code, to
 +making arrangements for an interpreter to assist a suspect, mean making arrangements for
 +the interpreter to be physically present in the same location as the suspect unless the
 +provisions in paragraph 13.12 below, and Part 1 of Annex L, allow live-link interpretation to
 +be used.
 +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
 +to interpretation and translation in criminal proceedings (see Note 13A). The provisions of
 +this Code implement the requirements for those to whom this Code applies. These
 +requirements include the following:
 +That the arrangements made and the quality of interpretation and translation provided
 +shall be sufficient to ‘safeguard the fairness of the proceedings,​ in particular by ensuring
 +that suspected or accused persons have knowledge of the cases against them and are
 +able to exercise their right of defence’. This term which is used by the Directive means
 +that the suspect must be able to understand their position and be able to communicate
 +effectively with police officers, interviewers,​ solicitors and appropriate adults as provided
 +for by this and any other Code in the same way as a suspect who can speak and
 +understand English who does not have a hearing or speech impediment and who would
 +not require an interpreter. See paragraphs 13.12 to 13.14 and Annex L for application
 +to live-link interpretation
 +The provision of a written translation of all documents considered essential for the
 +person to exercise their right of defence and to ‘safeguard the fairness of the
 +proceedings’ as described above. For the purposes of this Code, this includes any
 +decision to authorise a person to be detained and details of any offence(s) with which
 +the person has been charged or for which they have been told they may be prosecuted,
 +see Annex K.
 +Procedures to help determine:
 +whether a suspect can speak and understand English and needs the assistance of
 +an interpreter (see paragraph 13.1 and Notes 13B and 13C); and
 +whether another interpreter should be called or another translation should be
 +provided when a suspect complains about the quality of either or both (see
 +paragraphs 13.10A and 13.10C).
 +13.1B All reasonable attempts should be made to make the suspect understand that interpretation
 +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
 +the Welsh Language Schemes produced by police and crime commissioners in Wales in
 +accordance with the Welsh Language Act 1993. See paragraphs 3.14 and 13.1. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +41
 +(b) Interviewing suspects - foreign languages
 +13.2 Unless paragraphs 11.2 or 11.11(c) apply, a suspect who for the purposes of this Code
 +requires an interpreter because they do not appear to speak or understand English (see
 +paragraphs 3.5(c)(ii) and 3.14) must not be interviewed unless arrangements are made for
 +a person capable of interpreting to assist the suspect to understand and communicate.
 +13.3 If a person who is a juvenile or is mentally disordered or mentally vulnerable is interviewed
 +and the person acting as the appropriate adult, does not appear to speak or understand
 +English, arrangements must be made for an interpreter to assist communication between
 +the between the person, the appropriate adult and the interviewer,​ unless the interview is
 +urgent and paragraphs 11.2 or 11.11(c) apply.
 +13.4 In the case of a person making a statement under caution to a police officer or other police
 +staff other than in English:
 +(a) the interpreter shall record the statement in the language it is made;
 +(b) the person shall be invited to sign it;
 +(c) an official English translation shall be made in due course.
 +See paragraphs 13.12 to 13.14 and Annex L for application to live-link interpretation.
 +(c) Interviewing suspects who have a hearing or speech impediment
 +13.5 Unless paragraphs 11.1 or 11.18(c) (urgent interviews) apply, a suspect who for the
 +purposes of this Code requires an interpreter or other appropriate assistance to enable
 +effective communication with them because they appear to have a hearing or speech
 +impediment (see paragraphs 3.5(c)(ii) and 3.14) must not be interviewed without
 +arrangements having been made to provide an independent person capable of interpreting
 +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
 +disordered or mentally vulnerable is interviewed and the person who is present as the
 +appropriate adult appears to have a hearing or speech impediment, unless the interview is
 +urgent and paragraphs 11.2 or 11.11(c) apply.
 +13.7 Not used
 +(d) Additional rules for detained persons
 +13.8 Not used.
 +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
 +enable communication. A police officer or any other police staff may not be used for this
 +purpose.
 +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
 +must also be made for an interpreter to explain:
 +the grounds and reasons for any authorisation of their detention under the provisions of
 +the Terrorism Act 2000 or the Counter Terrorism Act 2008 (post-charge questioning) to
 +which this Code applies; and
 +any information about the authorisation given to them by the authorising officer or (as
 +the case may be) the court and which is recorded in the custody record.
 +See sections 14 and 15 of this Code.
 +13.10AIf a detainee complains that they are not satisfied with the quality of interpretation,​ the
 +custody officer or (as the case may be) the interviewer,​ is responsible for deciding whether
 +to make arrangements for a different interpreter in accordance with the procedures set out
 +in the arrangements made by the chief officer, see paragraph 13.1A. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +42
 +(e) Translations of essential documents
 +13.10BWritten translations,​ oral translations and oral summaries of essential documents in a
 +language the detainee understands shall be provided in accordance with Annex K
 +(Translations of documents and records).
 +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
 +a further translation should be provided in accordance with the procedures set out in the
 +arrangements made by the chief officer, see paragraph 13.1A.
 +(f) Decisions not to provide interpretation and translation.
 +13.10DIf a suspect challenges a decision:
 +made by the custody officer in accordance with this Code (see paragraph 3.5(c)(ii)) that
 +they do not require an interpreter,​ or
 + made in accordance with paragraphs 13.10A, 13.10B or 13.10C not to make
 +arrangements to provide a different interpreter or another translation or not to translate
 +a requested document,
 +the matter shall be reported to an inspector to deal with as a complaint for the purposes of
 +paragraph 9.3 or 12.10 if the challenge is made during an interview.
 +(g) Documentation
 +13.11 The following must be recorded in the custody record or as applicable, interview record:
 +(a) Action taken to arrange for an interpreter,​ including the live-link requirements in Annex
 +L as applicable;
 +(b) Action taken when a detainee is not satisfied about the standard of interpretation or
 +translation provided, see paragraphs 13.10A and 13.10C;
 +(c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in
 +the absence of an interpreter;​
 +(d) When a detainee has been assisted by an interpreter for the purpose of providing or
 +being given information or being interviewed;​
 +(e) Action taken in accordance with Annex K when:
 +a written translation of an essential document is provided;
 +an oral translation or oral summary of an essential document is provided instead of
 +a written translation and the authorising officer’s reason(s) why this would not
 +prejudice the fairness of the proceedings (see Annex K, paragraph 3);
 +a suspect waives their right to a translation of an essential document (see Annex
 +K, paragraph 4);
 +when representations that a document which is not included in the table is
 +essential and that a translation should be provided are refused and the reason for
 +the refusal (see Annex K, paragraph 8).
 +(h) Live-link interpretation
 +13.12 In this section and in Annex L, ‘live-link interpretation’ means an arrangement to enable
 +communication between the suspect and an interpreter who is not physically present with
 +the suspect. The arrangement must ensure that anything said by any person in the
 +suspect’s presence and hearing can be interpreted in the same way as if the interpreter
 +was physically present at that time. The communication must be by audio and visual
 +means for the purpose of an interview, and for all other purposes it may be either; by audio
 +and visual means, or by audio means only, as follows:
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +43
 +(a) Audio and visual communication
 +This is required for interviews conducted and recorded in accordance with the Code of
 +Practice for the video recording with sound, of interviews of persons detained under
 +section 41 of the Terrorism Act 2000 and of persons for whom an authorisation to
 +question after charge has been given under section 22 of the Counter-Terrorism act
 +2008 (see Note 13D). In these each of these cases, the interview must be video
 +recorded with sound and during that interview, live link interpretation must enable:
 +(i) the suspect, the interviewer,​ solicitor, appropriate adult and any other person
 +physically present with the suspect at any time during the interview and an
 +interpreter who is not physically present, to see and hear each other; and
 +(ii) the interview to be conducted and recorded in accordance with the relevant
 +provisions of the Code, subject to the modifications in Part 2 of Annex L.
 +(b) Audio and visual or audio without visual communication.
 +This applies to communication for the purposes of any provision of this Code except
 +as described in (a), which requires or permits information to be given to, sought from,
 +or provided by a suspect, whether orally or in writing, which would include
 +communication between the suspect and their solicitor and/or appropriate adult, and
 +for these cases, live link interpretation must:
 +(i) enable the suspect, the person giving or seeking that information,​ any other
 +person physically present with the suspect at that time and an interpreter who is
 +not so present, to either see and hear each other, or to hear without seeing each
 +other (for example by using a telephone); and
 +(ii) enable that information to be given to, sought from, or provided by, the suspect
 +in accordance with the provisions of this Code that apply to that information,​ as
 +modified for the purposes of the live-link, by Part 2 of Annex L.
 +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 specified Codes, means that the
 +arrangements must provide for any written or electronic record of what the suspect says in
 +their own language which is made by the interpreter,​ to be securely transmitted without
 +delay so that the suspect can be invited to read, check and if appropriate,​ sign or otherwise
 +confirm that the record is correct or make corrections to the record.
 +13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the
 +purposes of paragraphs 3.12(a) and (b), provides for accurate and secure communication
 +with the suspect. This includes ensuring that at any time during which live link
 +interpretation is being used, a person cannot see, hear or otherwise obtain access to any
 +communications between the suspect and interpreter or communicate with the suspect or
 +interpreter unless so authorised or allowed by the custody officer or in the case of an
 +interview, the interviewer and that as applicable, the confidentiality of any private
 +consultation between a suspect and their solicitor and appropriate adult (see paragraphs
 +13.2A, 13.6 and 13.9) is maintained. See Annex L paragraph 4.
 +Notes for Guidance
 +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 services
 +are compatible with the requirements of the Directive. One example which chief officers
 +may wish to consider is the Ministry of Justice commercial agreements for interpretation
 +and translation services.
 +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
 +detainee to indicate their ability to speak and understand English and their preferred
 +language. This could be confirmed through an interpreter who could also assess the extent
 +to which the person can speak and understand English. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +44
 +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
 +applicable, sign any documentation.
 +13D The Code of Practice referred to in paragraph 13.12, is available here:
 +https://​www.gov.uk/​government/​publications/​terrorism-act-2000-video-recording-code-of-practice.
 +14 Reviews and Extensions of Detention under the Terrorism Act 2000
 +(a) General
 +14.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging
 +the lawfulness the detainee’s arrest and detention must be made available to the detainee
 +or their solicitor, applies for the purposes of this section.
 +14.1 The powers and duties of the review officer are in the Terrorism Act 2000, Schedule 8, Part
 +II. See Notes 14A and 14B. A review officer should carry out their duties at the police
 +station where the detainee is held and be allowed such access to the detainee as is
 +necessary to exercise those duties.
 +14.2 For the purposes of reviewing a person’s detention, no officer shall put specific questions to
 +the detainee:
 +regarding their involvement in any offence; or
 +in respect of any comments they may make:
 +when given the opportunity to make representations;​ or
 +~ in response to a decision to keep them in detention or extend the maximum period
 +of detention.
 +Such an exchange could constitute an interview as in paragraph 11.1 and would be subject
 +to the associated safeguards in section 11.
 +14.3 If detention is necessary for longer than 48 hours from the time of arrest or, if a person was
 +being detained under TACT Schedule 7, from the time at which the examination under
 +Schedule 7 began, a police officer of at least superintendent rank, or a Crown Prosecutor
 +may apply for a warrant of further detention or for an extension or further extension of such
 +a warrant under paragraph 29 or (as the case may be) 36 of Part III of Schedule 8 to the
 +Terrorism Act 2000. See Note 14C.
 +14.4 When an application is made for a warrant as described in paragraph 14.3, the detained
 +person and their representative must be informed of their rights in respect of the
 +application. These include:
 +(i) the right to a written notice of the application (see paragraph 14.4);
 +(ii) the right to make oral or written representations to the judicial authority / High Court
 +judge about the application;​
 +(iii) the right to be present and legally represented at the hearing of the application,​ unless
 +specifically excluded by the judicial authority / High Court judge;
 +(iv) their right to free legal advice (see section 6 of this Code).
 +14.4A TACT Schedule 8 paragraph 31 requires the notice of the application for a warrant of
 +further detention to be provided before the judicial hearing of the application for that warrant
 +and that the notice must include:
 +(a) notification that the application for a warrant has been made;
 +(b) the time at which the application was made;
 +(c) the time at which the application is to be heard;
 +(d) the grounds on which further detention is sought.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +45
 +A notice must also be provided each time an application is made to extend or further extend
 +an existing warrant.
 +(b) Transfer of persons detained for more than 14 days to prison
 +14.5 If the Detention of Terrorists Suspects (Temporary Extension) Bill is enacted and in force, a
 +High Court judge may extend or further extend a warrant of further detention to authorise a
 +person to be detained beyond a period of 14 days from the time of their arrest (or if they
 +were being detained under TACT Schedule 7, from the time at which their examination
 +under Schedule 7 began). The provisions of Annex J will apply when a warrant of further
 +detention is so extended or further extended.
 +14.6 Not used.
 +14.7 Not used.
 +14.8 Not used.
 +14.9 Not used.
 +14.10 Not used.
 +(c) Documentation
 +14.11 It is the responsibility of the officer who gives any reminders as at paragraph 14.4, to
 +ensure that these are noted in the custody record, as well any comments made by the
 +detained person upon being told of those rights.
 +14.12 The grounds for, and extent of, any delay in conducting a review shall be recorded.
 +14.13 Any written representations shall be retained.
 +14.14 A record shall be made as soon as practicable about the outcome of each review and, if
 +applicable, the grounds on which the review officer authorises continued detention. A
 +record shall also be made as soon as practicable about the outcome of an application for a
 +warrant of further detention or its extension.
 +14.15 Not used.
 +Notes for Guidance
 +14A TACT Schedule 8 Part II sets out the procedures for review of detention up to 48 hours
 +from the time of arrest under TACT section 41 (or if a person was being detained under
 +TACT Schedule 7, from the time at which the examination under Schedule 7 began). These
 +include provisions for the requirement to review detention, postponing a review, grounds for
 +continued detention, designating a review officer, representations,​ rights of the detained
 +person and keeping a record. The review officer’s role ends after a warrant has been
 +issued for extension of detention under Part III of Schedule 8.
 +14B A review officer may authorise a person’s continued detention if satisfied that detention is
 +necessary:
 +(a) to obtain relevant evidence whether by questioning the person or otherwise;
 +(b) to preserve relevant evidence;
 +(c) while awaiting the result of an examination or analysis of relevant evidence;
 +(d) for the examination or analysis of anything with a view to obtaining relevant evidence;
 +(e) pending a decision to apply to the Secretary of State for a deportation notice to be
 +served on the detainee, the making of any such application,​ or the consideration of any
 +such application by the Secretary of State;
 +(f) pending a decision to charge the detainee with an offence. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +46
 +14C Applications for warrants to extend detention beyond 48 hours, may be made for periods of
 +7 days at a time (initially under TACT Schedule 8 paragraph 29, and extensions thereafter
 +under TACT Schedule 8, paragraph 36), up to a maximum period of 14 days (or 28 days if
 +the Detention of Terrorists Suspects (Temporary Extension) Bill) is enacted and in force)
 +from the time of their arrest (or if they were being detained under TACT Schedule 7, from
 +the time at which their examination under Schedule 7 began). Applications may be made
 +for shorter periods than 7 days, which must be specified. The judicial authority or High
 +Court judge may also substitute a shorter period if they feel a period of 7 days is
 +inappropriate.
 +14D Unless Note 14F applies, applications for warrants that would take the total period of
 +detention up to 14 days or less should be made to a judicial authority, meaning a District
 +Judge (Magistrates’ Court) designated by the Lord Chief Justice to hear such applications.
 +14E If by virtue of the relevant provisions described in Note 14C being enacted the maximum
 +period of detention is extended to 28 days, any application for a warrant which would take
 +the period of detention beyond 14 days from the time of arrest (or if a person was being
 +detained under TACT Schedule 7, from the time at which the examination under Schedule
 +7 began), must be made to a High Court Judge.
 +14F If, when the Detention of Terrorists Suspects (Temporary Extension) Bill is enacted and in
 +force, an application is made to a High Court judge for a warrant which would take
 +detention beyond 14 days and the High Court judge instead issues a warrant for a period of
 +time which would not take detention beyond 14 days, further applications for extension of
 +detention must also be made to a High Court judge, regardless of the period of time to
 +which they refer.
 +14G Not used.
 +14H An officer applying for an order under TACT Schedule 8 paragraph 34 to withhold specified
 +information on which they intend to rely when applying for a warrant of further detention or
 +the extension or further extension of such a warrant, may make the application for the order
 +orally or in writing. The most appropriate method of application will depend on the
 +circumstances of the case and the need to ensure fairness to the detainee.
 +14I After hearing any representations by or on behalf of the detainee and the applicant, the
 +judicial authority or High Court judge may direct that the hearing relating to the extension of
 +detention under Part III of Schedule 8 is to take place using video conferencing facilities.
 +However, if the judicial authority requires the detained person to be physically present at
 +any hearing, this should be complied with as soon as practicable. Paragraph 33(4) to (9) of
 +TACT Schedule 8 govern the hearing of applications via video-link or other means.
 +14J Not used.
 +14K Not used. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +47
 +15 Charging and post-charge questioning in terrorism cases
 +(a) Charging
 +15.1 Charging of detained persons is covered by PACE and guidance issued under PACE by the
 +Director of Public Prosecutions. Decisions to charge persons to whom this Code (H)
 +applies, the charging process and related matters are subject to section 16 of PACE Code
 +C.
 +(b) Post-charge questioning
 +15.2 Under section 22 of the Counter-Terrorism Act 2008, a judge of the Crown Court may
 +authorise the questioning of a person about an offence for which they have been charged,
 +informed that they may be prosecuted or sent for trial, if the offence:
 +is a terrorism offence as set out in section 27 of the Counter-Terrorism Act 2008; or
 +is an offence which appears to the judge to have a terrorist connection. See Note 15C.
 +The decision on whether to apply for such questioning will be based on the needs of the
 +investigation. There is no power to detain a person solely for the purposes of post-charge
 +questioning. A person can only be detained whilst being so questioned (whether at a police
 +station or in prison) if they are already there in lawful custody under some existing power. If
 +at a police station the contents of sections 8 and 9 of this Code must be considered the
 +minimum standards of treatment for such detainees.
 +15.3 The Crown Court judge may authorise the questioning if they are satisfied that:
 +further questioning is necessary in the interests of justice;
 +the investigation for the purposes of which the further questioning is being proposed is
 +being conducted diligently and expeditiously;​ and
 +the questioning would not interfere unduly with the preparation of the person’s defence
 +to the charge or any other criminal charge that they may be facing.
 +See Note 15E
 +15.4 The judge authorising questioning may specify the location of the questioning.
 +15.5 The judge may only authorise a period up to a maximum of 48 hours before further
 +authorisation must be sought. The 48 hour period would run continuously from the
 +commencement of questioning. This period must include breaks in questioning in
 +accordance with paragraphs 8.6 and 12.2 of this Code (see Note 15B).
 +15.6 Nothing in this Code shall be taken to prevent a suspect seeking a voluntary interview with
 +the police at any time.
 +15.7 For the purposes of this section, any reference in sections 6, 10, 11, 12 and 13 of this Code
 +to:
 +‘suspect’ means the person in respect of whom an authorisation has been given under
 +section 22 of the Counter-Terrorism Act 2008 (post-charge questioning of terrorist
 +suspects) to interview them;
 +‘interview’ means post-charge questioning authorised under section 22 of the CounterTerrorism
 +Act 2008;
 +‘offence’ means an offence for which the person has been charged, informed that they
 +may be prosecuted or sent for trial and about which the person is being questioned; and
 +‘place of detention’ means the location of the questioning specified by the judge (see
 +paragraph 15.4), ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +48
 +and the provisions of those sections apply (as appropriate),​ to such questioning
 +(whether at a police station or in prison) subject to the further modifications in the
 +following paragraphs:
 +Right to legal advice
 +15.8 In section 6 of this Code, for the purposes of post-charge questioning:​
 + ​access to a solicitor may not be delayed under Annex B; and
 +paragraph 6.5 (direction that a detainee may only consult a solicitor within the sight and
 +hearing of a qualified officer) does not apply.
 +Cautions
 +15.9 In section 10 of this Code, unless the restriction on drawing adverse inferences from silence
 +applies (see paragraph 15.10), for the purposes of post-charge questioning,​ the caution
 +must be given in the following terms before any such questions are asked:
 +“You do not have to say anything. But it may harm your defence if you do not mention
 +when questioned something which you later rely on in Court. Anything you do say may be
 +given in evidence.”
 +Where the use of the Welsh Language is appropriate,​ a constable may provide the caution
 +directly in Welsh in the following terms:
 +“Does dim rhaid i chi ddweud dim byd. Ond gall niweidio eich amddiffyniad os na fyddwch
 +chi’n sôn, wrth gael eich holi, am rywbeth y byddwch chi’n dibynnu arno nes ymlaen yn y
 +Llys. Gall unrhyw beth yr ydych yn ei ddweud gael ei roi fel tystiolaeth.”
 +15.10 The only restriction on drawing adverse inferences from silence, see Annex C, applies in
 +those situations where a person has asked for legal advice and is questioned before
 +receiving such advice in accordance with paragraph 6.7(b).
 +Interviews
 +15.11 In section 11, for the purposes of post-charge questioning,​ whenever a person is
 +questioned, they must be informed of the offence for which they have been charged or
 +informed that they may be prosecuted, or that they have been sent for trial and about which
 +they are being questioned.
 +15.12 Paragraph 11.2 (place where questioning may take place) does not apply to post-charge
 +questioning.
 +Recording post-charge questioning
 +15.13 All interviews must be video recorded with sound in accordance with the separate Code of
 +Practice issued under section 25 of the Counter-Terrorism Act 2008 for the video recording
 +with sound of post-charge questioning authorised under section 22 of the CounterTerrorism
 +Act 2008 (see paragraph 11.8).
 +Notes for Guidance
 +15A If a person is detained at a police station for the purposes of post-charge questioning,​ a
 +custody record must be opened in accordance with section 2 of this Code. The custody
 +record must note the power under which the person is being detained, the time at which the
 +person was transferred into police custody, their time of arrival at the police station and their
 +time of being presented to the custody officer.
 +15B The custody record must note the time at which the interview process commences. This
 +shall be regarded as the relevant time for any period of questioning in accordance with
 +paragraph 15.5 of this Code.
 +15C Where reference is made to ‘terrorist connection’ in paragraph 15.2, this is determined in
 +accordance with section 30 of the Counter-Terrorism Act 2008. Under section 30 of that
 +Act a court must in certain circumstances determine whether an offence has a terrorist ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +49
 +connection. These are offences under general criminal law which may be prosecuted in
 +terrorism cases (for example explosives-related offences and conspiracy to murder). An
 +offence has a terrorist connection if the offence is, or takes place in the course of, an act of
 +terrorism or is committed for the purposes of terrorism (section 98 of the Act). Normally the
 +court will make the determination during the sentencing process, however for the purposes
 +of post-charge questioning,​ a Crown Court Judge must determine whether the offence
 +could have a terrorist connection.
 +15D The powers under section 22 of the Counter-Terrorism Act 2008 are separate from and
 +additional to the normal questioning procedures within this code. Their overall purpose is to
 +enable the further questioning of a terrorist suspect after charge. They should not therefore
 +be used to replace or circumvent the normal powers for dealing with routine questioning.
 +15E Post-charge questioning has been created because it is acknowledged that terrorist
 +investigations can be large and complex and that a great deal of evidence can come to light
 +following the charge of a terrorism suspect. This can occur, for instance, from the
 +translation of material or as the result of additional investigation. When considering an
 +application for post-charge questioning,​ the police must ‘satisfy’ the judge on all three points
 +under paragraph 15.3. This means that the judge will either authorise or refuse an
 +application on the balance of whether the conditions in paragraph 15.3 are all met. It is
 +important therefore, that when making the application,​ to consider the following questions:
 +What further evidence is the questioning expected to provide?
 +Why was it not possible to obtain this evidence before charge?
 +How and why was the need to question after charge first recognised?
 +How is the questioning expected to contribute further to the case?
 +To what extent could the time and place for further questioning interfere with the
 +preparation of the person’s defence (for example if authorisation is sought close to
 +the time of a trial)?
 +What steps will be taken to minimise any risk that questioning might interfere with
 +the preparation of the person’s defence?
 +This list is not exhaustive but outlines the type of questions that could be relevant to any
 +asked by a judge in considering an application.
 +16 Testing persons for the presence of specified Class A drugs
 +16.1 The provisions for drug testing under section 63B of PACE (as amended by section 5 of the
 +Criminal Justice Act 2003 and section 7 of the Drugs Act 2005), do not apply to persons to
 +whom this Code applies. Guidance on these provisions can be found in section 17 of
 +PACE Code C.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +50
 +ANNEX A INTIMATE AND STRIP SEARCHES
 +A Intimate search
 +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
 +associated with intimate searches must never be underestimated.
 +(a) Action
 +2. Body orifices other than the mouth may be searched if authorised by an officer of inspector
 +rank or above who has reasonable grounds for believing that the person may have
 +concealed on themselves anything which they could and might use to cause physical injury
 +to themselves or others at the station and the officer has reasonable grounds for believing
 +that an intimate search is the only means of removing those items.
 +3. Before the search begins, a police officer or designated detention officer, must tell the
 +detainee:
 +(a) that the authority to carry out the search has been given;
 +(b) the grounds for giving the authorisation and for believing that the article cannot be
 +removed without an intimate search.
 +Note: Paragraph 1.11A of this Code requires someone to fulfil the role of the appropriate
 +adult to be present when a 17-year-old is told about the authority and grounds for an
 +intimate search.
 +4. 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,​ in which case a police officer may carry out the search. See Notes A1 to A5.
 +5. Any proposal for a search under paragraph 2 to be carried out by someone other than a
 +registered medical practitioner or registered nurse must only be considered as a last resort
 +and when the authorising officer is satisfied the risks associated with allowing the item to
 +remain with the detainee outweigh the risks associated with removing it. See Notes A1 to
 +A5.
 +6. An intimate search at a police station of a juvenile or mentally disordered or otherwise
 +mentally vulnerable person may take place only in the presence of an appropriate adult of
 +the same sex (see Annex I), unless the detainee specifically requests a particular adult of
 +the opposite sex who is readily available. In the case of a juvenile the search may take
 +place in the absence of the appropriate adult only if the juvenile signifies in the presence of
 +the appropriate adult they do not want the adult present during the search and the adult
 +agrees. A record shall be made of the juvenile'​s decision and signed by the appropriate
 +adult.
 +7. When an intimate search under paragraph 2 is carried out by a police officer, the officer
 +must be of the same sex as the detainee (see Annex I). A minimum of two people, other
 +than the detainee, must be present during the search. Subject to paragraph 6, no person of
 +the opposite sex who is not a medical practitioner or nurse shall be present, nor shall
 +anyone whose presence is unnecessary. The search shall be conducted with proper
 +regard to the sensitivity and vulnerability of the detainee.
 +(b) Documentation
 +8. In the case of an intimate search under paragraph 2, the following shall be recorded as
 +soon as practicable,​ in the detainee’s custody record:
 +the authorisation to carry out the search;
 +the grounds for giving the authorisation;​
 +the grounds for believing the article could not be removed without an intimate search; ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +51
 +which parts of the detainee’s body were searched;
 +who carried out the search;
 + who was present;
 +the result.
 +9. If an intimate search is carried out by a police officer, the reason why it was impracticable
 +for a registered medical practitioner or registered nurse to conduct it must be recorded.
 +B Strip search
 +10. A strip search is a search involving the removal of more than outer clothing. In this Code,
 +outer clothing includes shoes and socks.
 +(a) Action
 +11. A strip search may take place only if it is considered necessary to remove an article which a
 +detainee would not be allowed to keep, and the officer reasonably considers the detainee
 +might have concealed such an article. Strip searches shall not be routinely carried out if
 +there is no reason to consider that articles are concealed.
 +The conduct of strip searches
 +12. When strip searches are conducted:
 +(a) a police officer carrying out a strip search must be the same sex as the detainee (see
 +Annex I);
 +(b) the search shall take place in an area where the detainee cannot be seen by anyone
 +who does not need to be present, nor by a member of the opposite sex (see Annex I)
 +except an appropriate adult who has been specifically requested by the detainee;
 +(c) except in cases of urgency, where there is risk of serious harm to the detainee or to
 +others, whenever a strip search involves exposure of intimate body parts, there must
 +be at least two people present other than the detainee, and if the search is of a
 +juvenile or mentally disordered or otherwise mentally vulnerable person, one of the
 +people must be the appropriate adult. Except in urgent cases as above, a search of a
 +juvenile may take place in the absence of the appropriate adult only if the juvenile
 +signifies in the presence of the appropriate adult that they do not want the adult to be
 +present during the search and the adult agrees. A record shall be made of the
 +juvenile'​s decision and signed by the appropriate adult. The presence of more than
 +two people, other than an appropriate adult, shall be permitted only in the most
 +exceptional circumstances;​
 +(d) the search shall be conducted with proper regard to the sensitivity and vulnerability of
 +the detainee in these circumstances and every reasonable effort shall be made to
 +secure the detainee’s co-operation and minimise embarrassment. Detainees who are
 +searched shall not normally be required to remove all their clothes at the same time,
 +e.g. a person should be allowed to remove clothing above the waist and redress
 +before removing further clothing;
 +(e) if necessary to assist the search, the detainee may be required to hold their arms in
 +the air or to stand with their legs apart and bend forward so a visual examination may
 +be made of the genital and anal areas provided no physical contact is made with any
 +body orifice;
 +(f) if articles are found, the detainee shall be asked to hand them over. If articles are
 +found within any body orifice other than the mouth, and the detainee refuses to hand
 +them over, their removal would constitute an intimate search, which must be carried
 +out as in Part A;
 +(g) a strip search shall be conducted as quickly as possible, and the detainee allowed to
 +dress as soon as the procedure is complete.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +52
 +(b) Documentation
 +13. A record shall be made on the custody record of a strip search including the reason it was
 +considered necessary, those present and any result.
 +Notes for Guidance
 +A1 Before authorising any intimate search, the authorising officer must make every reasonable
 +effort to persuade the detainee to hand the article over without a search. If the detainee
 +agrees, a registered medical practitioner or registered nurse should whenever possible be
 +asked to assess the risks involved and, if necessary, attend to assist the detainee.
 +A2 If the detainee does not agree to hand the article over without a search, the authorising
 +officer must carefully review all the relevant factors before authorising an intimate search.
 +In particular, the officer must consider whether the grounds for believing an article may be
 +concealed are reasonable.
 +A3 If authority is given for a search under paragraph 2, a registered medical practitioner or
 +registered nurse shall be consulted whenever possible. The presumption should be that
 +the search will be conducted by the registered medical practitioner or registered nurse and
 +the authorising officer must make every reasonable effort to persuade the detainee to allow
 +the medical practitioner or nurse to conduct the search.
 +A4 A constable should only be authorised to carry out a search as a last resort and when all
 +other approaches have failed. In these circumstances,​ the authorising officer must be
 +satisfied the detainee might use the article for one or more of the purposes in paragraph 2
 +and the physical injury likely to be caused is sufficiently severe to justify authorising a
 +constable to carry out the search.
 +A5 If an officer has any doubts whether to authorise an intimate search by a constable, the
 +officer should seek advice from an officer of superintendent rank or above.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +53
 +ANNEX B DELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE
 +FOR PERSONS DETAINED UNDER THE TERRORISM ACT 2000.
 +A DELAYS under TACT Schedule 8
 +1. The rights as in sections 5 or 6, may be delayed if the person is detained under the
 +Terrorism Act 2000, section 41, has not yet been charged with an offence and an officer of
 +superintendent rank or above has reasonable grounds for believing the exercise of either
 +right will have one of the following consequences:​
 +(a) interference with or harm to evidence of a serious offence,
 +(b) interference with or physical injury to any person,
 +(c) the alerting of persons who are suspected of having committed a serious offence but
 +who have not been arrested for it,
 +(d) the hindering of the recovery of property obtained as a result of a serious offence or in
 +respect of which a forfeiture order could be made under section 23,
 +(e) interference with the gathering of information about the commission, preparation or
 +instigation of acts of terrorism,
 +(f) the alerting of a person and thereby making it more difficult to prevent an act of
 +terrorism, or
 +(g) the alerting of a person and thereby making it more difficult to secure a person'​s
 +apprehension,​ prosecution or conviction in connection with the commission,
 +preparation or instigation of an act of terrorism.
 +2. These rights may also be delayed if the officer has reasonable grounds for believing that:
 +(a) the detained person has benefited from his criminal conduct (to be decided in
 +accordance with Part 2 of the Proceeds of Crime Act 2002), and
 +(b) the recovery of the value of the property constituting the benefit
 +will be hindered by—
 +(i) informing the named person of the detained person’s detention (in the case of
 +an authorisation under paragraph 8(1)(a) of Schedule 8 to TACT), or
 +(ii) the exercise of the right under paragraph 7 (in the case of an authorisation
 +under paragraph 8(1)(b) of Schedule 8 to TACT).
 +3. Authority to delay a detainee’s right to consult privately with a solicitor may be given only if
 +the authorising officer has reasonable grounds to believe the solicitor the detainee wants to
 +consult will, inadvertently or otherwise, pass on a message from the detainee or act in
 +some other way which will have any of the consequences specified under paragraph 8 of
 +Schedule 8 to the Terrorism Act 2000. In these circumstances,​ the detainee must be
 +allowed to choose another solicitor. See Note B3.
 +4. If the detainee wishes to see a solicitor, access to that solicitor may not be delayed on the
 +grounds they might advise the detainee not to answer questions or the solicitor was initially
 +asked to attend the police station by someone else. In the latter case the detainee must be
 +told the solicitor has come to the police station at another person'​s request, and must be
 +asked to sign the custody record to signify whether they want to see the solicitor.
 +5. The fact the grounds for delaying notification of arrest may be satisfied does not
 +automatically mean the grounds for delaying access to legal advice will also be satisfied.
 +6. These rights may be delayed only for as long as is necessary but not beyond 48 hours from
 +the time of arrest (or if a person was being detained under TACT Schedule 7, from the time
 +at which the examination under Schedule 7 began). If the above grounds cease to apply
 +within this time the detainee must as soon as practicable be asked if they wish to exercise
 +either right, the custody record noted accordingly,​ and action taken in accordance with the
 +relevant section of this Code.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +54
 +7. A person must be allowed to consult a solicitor for a reasonable time before any court
 +hearing.
 +B Documentation
 +8. The grounds for action under this Annex shall be recorded and the detainee informed of
 +them as soon as practicable.
 +9. Any reply given by a detainee under paragraph 6 must be recorded and the detainee asked
 +to endorse the record in relation to whether they want to receive legal advice at this point.
 +C Cautions and special warnings
 +10. When a suspect detained at a police station is interviewed during any period for which
 +access to legal advice has been delayed under this Annex, the court or jury may not draw
 +adverse inferences from their silence.
 +Notes for Guidance
 +B1 Even if Annex B applies in the case of a juvenile, or a person who is mentally disordered or
 +otherwise mentally vulnerable, action to inform the appropriate adult and the person
 +responsible for a juvenile'​s welfare, if that is a different person, must nevertheless be taken
 +as in paragraph 3.15 and 3.17.
 +B2 In the case of Commonwealth citizens and foreign nationals, see Note 7A.
 +B3 A decision to delay access to a specific solicitor is likely to be a rare occurrence and only
 +when it can be shown the suspect is capable of misleading that particular solicitor and there
 +is more than a substantial risk that the suspect will succeed in causing information to be
 +conveyed which will lead to one or more of the specified consequences.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +55
 +ANNEX C RESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND
 +TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES
 +(a) The restriction on drawing adverse inferences from silence
 +1. The Criminal Justice and Public Order Act 1994, sections 34, 36 and 37 as amended by the
 +Youth Justice and Criminal Evidence Act 1999, section 58 describe the conditions under
 +which adverse inferences may be drawn from a person’s failure or refusal to say anything
 +about their involvement in the offence when interviewed,​ after being charged or informed
 +they may be prosecuted. These provisions are subject to an overriding restriction on the
 +ability of a court or jury to draw adverse inferences from a person’s silence. This restriction
 +applies:
 +(a) to any detainee at a police station who, before being interviewed,​ see section 11 or
 +being charged or informed they may be prosecuted, see section 15, has:
 +(i) asked for legal advice, see section 6, paragraph 6.1;
 +(ii) not been allowed an opportunity to consult a solicitor, including the duty
 +solicitor, as in this Code; and
 +(iii) not changed their mind about wanting legal advice, see section 6, paragraph
 +6.7(d).
 +Note the condition in (ii) will:
 +~ apply when a detainee who has asked for legal advice is interviewed before
 +speaking to a solicitor as in section 6, paragraph 6.6(a) or (b);
 +~ not apply if the detained person declines to ask for the duty solicitor, see
 +section 6, paragraphs 6.7(b) and (c).
 +(b) to any person who has been charged with, or informed they may be prosecuted for, an
 +offence who:
 +(i) has had brought to their notice a written statement made by another person or
 +the content of an interview with another person which relates to that offence, see
 +PACE Code C section 16, paragraph 16.4;
 +(ii) is interviewed about that offence, see PACE Code C section 16, paragraph 16.5;
 +or
 +(iii) makes a written statement about that offence, see Annex D paragraphs 4 and 9,
 +unless post-charge questioning has been authorised in accordance with section 22 of
 +the Counter-Terrorism Act 2008, in which case the restriction will apply only if the
 +person has asked for legal advice, see section 6, paragraph 6.1, and is questioned
 +before receiving such advice in accordance with paragraph 6.7(b). See paragraph
 +15.11.
 +(b) Terms of the caution when the restriction applies
 +2. When a requirement to caution arises at a time when the restriction on drawing adverse
 +inferences from silence applies, the caution shall be:
 +‘You do not have to say anything, but anything you do say may be given in evidence.’
 +Where the use of the Welsh Language is appropriate,​ the caution may be used directly in
 +Welsh in the following terms:
 +‘Does dim rhaid i chi ddweud dim byd, ond gall unrhyw beth yr ydych chi’n ei ddweud gael
 +ei roi fel tystiolaeth.’
 +3. Whenever the restriction either begins to apply or ceases to apply after a caution has
 +already been given, the person shall be re-cautioned in the appropriate terms. The
 +changed position on drawing inferences and that the previous caution no longer applies
 +shall also be explained to the detainee in ordinary language. See Note C1. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +56
 +Notes for Guidance
 +C1 The following is suggested as a framework to help explain changes in the position on
 +drawing adverse inferences if the restriction on drawing adverse inferences from silence:
 +(a) begins to apply:
 +‘The caution you were previously given no longer applies. This is because after that
 +caution:
 +(i) you asked to speak to a solicitor but have not yet been allowed an opportunity to
 +speak to a solicitor. See paragraph 1(a); or
 +(ii) you have been charged with/​informed you may be prosecuted. See paragraph
 +1(b).
 +‘This means that from now on, adverse inferences cannot be drawn at court and your
 +defence will not be harmed just because you choose to say nothing. Please listen
 +carefully to the caution I am about to give you because it will apply from now on. You
 +will see that it does not say anything about your defence being harmed.’
 +(b) ceases to apply before or at the time the person is charged or informed they may be
 +prosecuted, see paragraph 1(a);
 +‘The caution you were previously given no longer applies. This is because after that
 +caution you have been allowed an opportunity to speak to a solicitor. Please listen
 +carefully to the caution I am about to give you because it will apply from now on. It
 +explains how your defence at court may be affected if you choose to say nothing.’
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +57
 +ANNEX D WRITTEN STATEMENTS UNDER CAUTION
 +(a) Written by a person under caution
 +1. A person shall always be invited to write down what they want to say.
 +2. A person who has not been charged with, or informed they may be prosecuted for, any
 +offence to which the statement they want to write relates, shall:
 +(a) unless the statement is made at a time when the restriction on drawing adverse
 +inferences from silence applies, see Annex C, be asked to write out and sign the
 +following before writing what they want to say:
 +‘I make this statement of my own free will. I understand that I do not have to say
 +anything but that it may harm my defence if I do not mention when questioned
 +something which I later rely on in court. This statement may be given in evidence.’;​
 +(b) if the statement is made at a time when the restriction on drawing adverse inferences
 +from silence applies, be asked to write out and sign the following before writing what
 +they want to say;
 +‘I make this statement of my own free will. I understand that I do not have to say
 +anything. This statement may be given in evidence.’
 +3. When a person, on the occasion of being charged with or informed they may be prosecuted
 +for any offence, asks to make a statement which relates to any such offence and wants to
 +write it they shall:
 +(a) unless the restriction on drawing adverse inferences from silence, see Annex C,
 +applied when they were so charged or informed they may be prosecuted, be asked to
 +write out and sign the following before writing what they want to say:
 +‘I make this statement of my own free will. I understand that I do not have to say
 +anything but that it may harm my defence if I do not mention when questioned
 +something which I later rely on in court. This statement may be given in evidence.’;​
 +(b) if the restriction on drawing adverse inferences from silence applied when they were
 +so charged or informed they may be prosecuted, be asked to write out and sign the
 +following before writing what they want to say:
 +‘I make this statement of my own free will. I understand that I do not have to say
 +anything. This statement may be given in evidence.’
 +4. When a person who has already been charged with or informed they may be prosecuted for
 +any offence, asks to make a statement which relates to any such offence and wants to write
 +it they shall be asked to write out and sign the following before writing what they want to
 +say:
 +‘I make this statement of my own free will. I understand that I do not have to say anything.
 +This statement may be given in evidence.’;​
 +5. Any person writing their own statement shall be allowed to do so without any prompting
 +except a police officer or other police staff may indicate to them which matters are material
 +or question any ambiguity in the statement.
 +(b) Written by a police officer or other police staff
 +6. If a person says they would like someone to write the statement for them, a police officer, or
 +other police staff shall write the statement.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +58
 +7. If the person has not been charged with, or informed they may be prosecuted for, any
 +offence to which the statement they want to make relates they shall, before starting, be
 +asked to sign, or make their mark, to the following:
 +(a) unless the statement is made at a time when the restriction on drawing adverse
 +inferences from silence applies, see Annex C:
 +‘I, ............................,​ wish to make a statement. I want someone to write down what I
 +say. I understand that I do not have to say anything but that it may harm my defence
 +if I do not mention when questioned something which I later rely on in court. This
 +statement may be given in evidence.’;​
 +(b) if the statement is made at a time when the restriction on drawing adverse inferences
 +from silence applies:
 +‘I, ............................,​ wish to make a statement. I want someone to write down what I
 +say. I understand that I do not have to say anything. This statement may be given in
 +evidence.’
 +8. If, on the occasion of being charged with or informed they may be prosecuted for any
 +offence, the person asks to make a statement which relates to any such offence they shall
 +before starting be asked to sign, or make their mark to, the following:
 +(a) unless the restriction on drawing adverse inferences from silence applied, see Annex
 +C, when they were so charged or informed they may be prosecuted:
 +‘I, ............................,​ wish to make a statement. I want someone to write down what I
 +say. I understand that I do not have to say anything but that it may harm my defence
 +if I do not mention when questioned something which I later rely on in court. This
 +statement may be given in evidence.’;​
 +(b) if the restriction on drawing adverse inferences from silence applied when they were
 +so charged or informed they may be prosecuted:
 +‘I, ............................,​ wish to make a statement. I want someone to write down what I
 +say. I understand that I do not have to say anything. This statement may be given in
 +evidence.’
 +9. If, having already been charged with or informed they may be prosecuted for any offence, a
 +person asks to make a statement which relates to any such offence they shall before
 +starting, be asked to sign, or make their mark to:
 +‘I, ............................,​ wish to make a statement. I want someone to write down what I say. I
 +understand that I do not have to say anything. This statement may be given in evidence.’
 +10. The person writing the statement must take down the exact words spoken by the person
 +making it and must not edit or paraphrase it. Any questions that are necessary, e.g. to
 +make it more intelligible,​ and the answers given must be recorded at the same time on the
 +statement form.
 +11. When the writing of a statement is finished the person making it shall be asked to read it
 +and to make any corrections,​ alterations or additions they want. When they have finished
 +reading they shall be asked to write and sign or make their mark on the following certificate
 +at the end of the statement:
 +‘I have read the above statement, and I have been able to correct, alter or add anything I
 +wish. This statement is true. I have made it of my own free will.’
 +12. If the person making the statement cannot read, or refuses to read it, or to write the above
 +mentioned certificate at the end of it or to sign it, the person taking the statement shall read
 +it to them and ask them if they would like to correct, alter or add anything and to put their
 +signature or make their mark at the end. The person taking the statement shall certify on
 +the statement itself what has occurred.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +59
 +ANNEX E SUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND
 +OTHERWISE MENTALLY VULNERABLE PEOPLE
 +1. If an officer has any suspicion, or is told in good faith, that a person of any age may be
 +mentally disordered or otherwise mentally vulnerable, or mentally incapable of
 +understanding the significance of questions or their replies that person shall be treated as
 +mentally disordered or otherwise mentally vulnerable for the purposes of this Code. See
 +paragraph 1.10
 +2. In the case of a person who is mentally disordered or otherwise mentally vulnerable, ‘the
 +appropriate adult’ means:
 +(a) a relative, guardian or other person responsible for their care or custody;
 +(b) someone experienced in dealing with mentally disordered or mentally vulnerable
 +people but who is not a police officer or employed by the police;
 +(c) failing these, some other responsible adult aged 18 or over who is not a police officer
 +or employed by the police.
 +See paragraph 1.13(b) and Note 1D
 +3. If the detention of a person who is mentally vulnerable or appears to be suffering from a
 +mental disorder is authorised by the review officer (see paragraphs 14.1 and 14.2 and
 +Notes 14A and 14B), the custody officer must as soon as practicable inform the appropriate
 +adult of the grounds for detention and the person’s whereabouts,​ and ask the adult to come
 +to the police station to see them. If the appropriate adult:
 +is already at the station when information is given as in paragraphs 3.1 to 3.5 the
 +information must be given in their presence;
 +is not at the station when the provisions of paragraph 3.1 to 3.5 are complied with these
 +provisions must be complied with again in their presence once they arrive.
 +See paragraphs 3.15 to 3.16
 +4. If the appropriate adult, having been informed of the right to legal advice, considers legal
 +advice should be taken, the provisions of section 6 apply as if the mentally disordered or
 +otherwise mentally vulnerable person had requested access to legal advice. See
 +paragraphs 3.20, 6.6 and Note E1.
 +5. The custody officer must make sure a person receives appropriate clinical attention as soon
 +as reasonably practicable if the person appears to be suffering from a mental disorder or in
 +urgent cases immediately call the nearest appropriate healthcare professional or an
 +ambulance. It is not intended these provisions delay the transfer of a detainee to a place of
 +safety under the Mental Health Act 1983, section 136 if that is applicable. If an assessment
 +under that Act is to take place at a police station, the custody officer must consider whether
 +an appropriate healthcare professional should be called to conduct an initial clinical check
 +on the detainee. See paragraphs 9.6 and 9.8.
 +6. If a mentally disordered or otherwise mentally vulnerable person is cautioned in the
 +absence of the appropriate adult, the caution must be repeated in the appropriate adult’s
 +presence. See paragraph 10.11.
 +7. A mentally disordered or otherwise mentally vulnerable person must not be interviewed or
 +asked to provide or sign a written statement in the absence of the appropriate adult unless
 +the provisions of paragraphs 11.2 or 11.11 to 11.13 apply. Questioning in these
 +circumstances may not continue in the absence of the appropriate adult once sufficient
 +information to avert the risk has been obtained. A record shall be made of the grounds for
 +any decision to begin an interview in these circumstances. See paragraphs 11.2, 11.9 and
 +11.11 to 11.13
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +60
 +8. If the appropriate adult is present at an interview, they shall be informed they are not
 +expected to act simply as an observer and the purposes of their presence are to:
 + ​advise the interviewee
 +observe whether or not the interview is being conducted properly and fairly
 +facilitate communication with the interviewee
 +See paragraph 11.10
 +9. If the custody officer charges a mentally disordered or otherwise mentally vulnerable person
 +with an offence or takes such other action as is appropriate when there is sufficient
 +evidence for a prosecution this must be carried out in the presence of the appropriate adult
 +if they are at the police station. A copy of the written notice embodying any charge must be
 +given to the appropriate adult. See PACE Code C Section 16.
 +10. An intimate or strip search of a mentally disordered or otherwise mentally vulnerable person
 +may take place only in the presence of the appropriate adult of the same sex, unless the
 +detainee specifically requests the presence of a particular adult of the opposite sex. A strip
 +search may take place in the absence of an appropriate adult only in cases of urgency
 +when there is a risk of serious harm to the detainee or others. See Annex A, paragraphs 6
 +and 12(c)
 +11. Particular care must be taken when deciding whether to use any form of approved
 +restraints on a mentally disordered or otherwise mentally vulnerable person in a locked cell.
 +See paragraph 8.2
 +Notes for Guidance
 +E1 The purpose of the provision at paragraph 3.20 and 6.6 is to protect the rights of a mentally
 +disordered or otherwise mentally vulnerable detained person who does not understand the
 +significance of what is said to them. A mentally disordered or otherwise mentally vulnerable
 +detained person should always be given an opportunity,​ when an appropriate adult is called
 +to the police station, to consult privately with a solicitor in the absence of the appropriate
 +adult if they want.
 +E2 Although people who are mentally disordered or otherwise mentally vulnerable are often
 +capable of providing reliable evidence, they may, without knowing or wanting to do so, be
 +particularly prone in certain circumstances to provide information that may be unreliable,
 +misleading or self-incriminating. Special care should always be taken when questioning
 +such a person, and the appropriate adult should be involved if there is any doubt about a
 +person’s mental state or capacity. Because of the risk of unreliable evidence, it is important
 +to obtain corroboration of any facts admitted whenever possible.
 +E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is
 +intended to minimise, officers of superintendent rank or above should exercise their
 +discretion to authorise the commencement of an interview in the appropriate adult’s
 +absence only in exceptional cases, if it is necessary to avert an immediate risk of serious
 +harm. See paragraphs 11.2 and 11.11 to 11.13. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +61
 +ANNEX F – Not used
 +ANNEX G FITNESS TO BE INTERVIEWED
 +1. This Annex contains general guidance to help police officers and healthcare professionals
 +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:
 +(a) conducting the interview could significantly harm the detainee’s physical or mental
 +state;
 +(b) anything the detainee says in the interview about their involvement or suspected
 +involvement in the offence about which they are being interviewed might be
 +considered unreliable in subsequent court proceedings because of their physical or
 +mental state.
 +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
 +nature and purpose of the interview, to comprehend what is being asked and to
 +appreciate the significance of any answers given and make rational decisions about
 +whether they want to say anything;
 +(b) the extent to which the detainee’s replies may be affected by their physical or mental
 +condition rather than representing a rational and accurate explanation of their
 +involvement in the offence;
 +(c) how the nature of the interview, which could include particularly probing questions,
 +might affect the detainee.
 +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
 +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,
 +whether reassessment of the person’s fitness for interview may be necessary if the
 +interview lasts beyond a specified time, and whether a further specialist opinion may be
 +required.
 +6. When healthcare professionals identify risks they should be asked to quantify the risks.
 +They should inform the custody officer:
 +whether the person’s condition:
 +is likely to improve;
 +will require or be amenable to treatment; and
 +indicate how long it may take for such improvement to take effect.
 +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
 +and any advice or recommendations should be made in writing and form part of the custody
 +record.
 +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
 +interview is to proceed, to determine what safeguards are needed. Nothing prevents
 +safeguards being provided in addition to those required under the Code. An example might
 +be to have an appropriate healthcare professional present during the interview, in addition
 +to an appropriate adult, in order constantly to monitor the person’s condition and how it is
 +being affected by the interview.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +62
 +ANNEX H DETAINED PERSON: OBSERVATION LIST
 +1. If any detainee fails to meet any of the following criteria, an appropriate healthcare
 +professional or an ambulance must be called.
 +2. When assessing the level of rousability,​ consider:
 +Rousability - can they be woken?
 +go into the cell
 +call their name
 +shake gently
 +Response to questions - can they give appropriate answers to questions such as:
 +What’s your name?
 +Where do you live?
 +Where do you think you are?
 +Response to commands - can they respond appropriately to commands such as:
 + Open your eyes!
 +Lift one arm, now the other arm!
 +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
 +following:
 + ​Diabetes
 + ​Epilepsy
 + Head injury
 +Drug intoxication or overdose
 +Stroke
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +63
 +ANNEX I ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
 +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
 +the person subject to the search or other procedure. See Note I1.
 +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
 +with transgender individuals (including transsexual persons) and transvestite persons (see
 +Notes I2, I3 and I4).
 +(a) Consideration
 +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
 +Gender Recognition Act 2004 (GRA), in which case the person'​s gender is their acquired
 +gender. This means that if the acquired gender is the male gender, the person’s sex
 +becomes that of a man and, if it is the female gender, the person’s sex becomes that of a
 +woman) and they must be treated as their acquired gender.
 +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
 +designed to minimise embarrassment and secure the person’s co-operation should be
 +followed:
 +(a) The person must not be asked whether they have a GRC (see paragraph 8);
 +(b) If there is no doubt as to as to whether the person concerned should be treated as
 +being male or female, they should be dealt with as being of that sex.
 +(c) If at any time (including during the search or carrying out the procedure) there is doubt
 +as to whether the person should be treated, or continue to be treated, as being male
 +or female:
 +(i) the person should be asked what gender they consider themselves to be. If
 +they express a preference to be dealt with as a particular gender, they should
 +be asked to indicate and confirm their preference by signing the custody record
 +or, if a custody record has not been opened, the search record or the officer’s
 +notebook. Subject to (ii) below, the person should be treated according to their
 +preference;
 +(ii) if there are grounds to doubt that the preference in (i) accurately reflects the
 +person’s predominant lifestyle, for example, if they ask to be treated as woman
 +but documents and other information make it clear that they live predominantly
 +as a man, or vice versa, they should be treated according to what appears to be
 +their predominant lifestyle and not their stated preference;
 +(iii) If the person is unwilling to express a preference as in (i) above, efforts should
 +be made to determine their predominant lifestyle and they should be treated as
 +such. For example, if they appear to live predominantly as a woman, they
 +should be treated as being female; or
 +(iv) if none of the above apply, the person should be dealt with according to what
 +reasonably appears to have been their sex as registered at birth.
 +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
 +search or procedure starts of any doubts as to the person'​s gender and the person
 +informed that the doubts have been disclosed. This is important so as to maintain the
 +dignity of the person and any officers concerned.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +64
 +(b) Documentation
 +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
 +record or in the officer’s notebook.
 +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
 +must be recorded in the search record, in the officer’s notebook or, if applicable, in the
 +person’s custody record..
 +(c) Disclosure of information
 +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
 +information’. Nothing in this Annex is to be read as authorising or permitting any police
 +officer or any police staff who has acquired such information when acting in their official
 +capacity to disclose that information to any other person in contravention of the GRA.
 +Disclosure includes making a record of ‘protected information’ which is read by others.
 +Note for Guidance
 +I1 Provisions to which paragraph 1 applies include:
 +In Code C; paragraph 4.1 and Annex A paragraphs 5, 6, 11 and 12 (searches, strip and
 +intimate searches of detainees under sections 54 and 55 of PACE);
 +In Code A; paragraphs 2.8 and 3.6 and Note 4;
 +In Code D; paragraph 5.5 and Note 5F (searches, examinations and photographing of
 +detainees under section 54A of PACE) and paragraph 6.9 (taking samples);
 +In Code H; paragraph 4.1 and Annex A paragraphs 6, 7 and 12 (searches, strip and
 +intimate searches under sections 54 and 55 of PACE of persons arrested under section
 +41 of the Terrorism Act 2000).
 +I2 While there is no agreed definition of transgender (or trans), it is generally used as an
 +umbrella term to describe people whose gender identity (self-identification as being a
 +woman, man, neither or both) differs from the sex they were registered as at birth. The
 +term includes, but is not limited to, transsexual people.
 +I3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone
 +a process (or part of a process) for the purpose of gender reassignment which is a
 +protected characteristic under the Equality Act 2010 (see paragraph 1.0), by changing
 +physiological or other attributes of their sex. This includes aspects of gender such as dress
 +and title. It would apply to a woman making the transition to being a man and a man
 +making the transition to being a woman, as well as to a person who has only just started out
 +on the process of gender reassignment and to a person who has completed the process.
 +Both would share the characteristic of gender reassignment with each having the
 +characteristics of one sex, but with certain characteristics of the other sex.
 +I4 Transvestite means a person of one gender who dresses in the clothes of a person of the
 +opposite gender. However, a transvestite does not live permanently in the gender opposite
 +to their birth sex.
 +I5 Chief officers are responsible for providing corresponding operational guidance and
 +instructions for the deployment of transgender officers and staff under their direction and
 +control to duties which involve carrying out, or being present at, any of the searches and
 +procedures described in paragraph 1. The guidance and instructions must comply with the
 +Equality Act 2010 and should therefore complement the approach in this Annex.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +65
 +ANNEX J TRANSFER OF PERSONS DETAINED FOR MORE THAN 14 DAYS TO PRISON
 +1. When a warrant of further detention is extended or further extended by a High Court judge
 +to authorise a person’s detention beyond a period of 14 days from the time of their arrest
 +(or if they were being detained under TACT Schedule 7, from the time at which their
 +examination under Schedule 7 began), the person must be transferred from detention in a
 +police station to detention in a designated prison as soon as is practicable after the warrant
 +is issued, unless:
 +(a) the detainee specifically requests to remain in detention at a police station and that
 +request can be accommodated,​ or
 +(b) there are reasonable grounds to believe that transferring the detainee to a prison
 +would:
 +(i) significantly hinder a terrorism investigation;​
 +(ii) delay charging of the detainee or their release from custody, or
 +(iii) otherwise prevent the investigation from being conducted diligently and
 +expeditiously.
 +Any grounds in (b)(i) to (iii) above which are relied upon for not transferring the detainee to
 +prison must be presented to the senior judge as part of the application for the extension or
 +further extension of the warrant. See Note J1.
 +2. If at any time during which a person remains in detention at a police station under the
 +warrant, the grounds at (b)(i) to (iii) cease to apply, the person must be transferred to a
 +prison as soon as practicable.
 +3. Police should maintain an agreement with the National Offender Management Service
 +(NOMS) that stipulates named prisons to which individuals may be transferred under this
 +paragraph. This should be made with regard to ensuring detainees are moved to the most
 +suitable prison for the purposes of the investigation and their welfare, and should include
 +provision for the transfer of male, female and juvenile detainees. Police should ensure that
 +the Governor of a prison to which they intend to transfer a detainee is given reasonable
 +notice of this. Where practicable,​ this should be no later than the point at which a warrant
 +is applied for that would take the period of detention beyond 14 days.
 +4. Following a detainee’s transfer to a designated prison, their detention will be governed by
 +the terms of Schedule 8 to TACT 2000 and the Prison Rules and this Code of Practice will
 +not apply during any period that the person remains in prison detention. The Code will
 +once more apply if the person is transferred back from prison detention to police detention.
 +In order to enable the Governor to arrange for the production of the detainee back into
 +police custody, police should give notice to the Governor of the relevant prison as soon as
 +possible of any decision to transfer a detainee from prison back to a police station. Any
 +transfer between a prison and a police station should be conducted by police and this Code
 +will be applicable during the period of transit. See Note 2J. A detainee should only remain
 +in police custody having been transferred back from a prison, for as long as is necessary
 +for the purpose of the investigation.
 +5. The investigating team and custody officer should provide as much information as
 +necessary to enable the relevant prison authorities to provide appropriate facilities to detain
 +an individual. This should include, but not be limited to:
 +(i) medical assessments
 +(ii) security and risk assessments
 +(iii) details of the detained person’s legal representatives
 +(iv) details of any individuals from whom the detained person has requested visits, or who
 +have requested to visit the detained person. ​
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +66
 +6. Where a detainee is to be transferred to prison, the custody officer should inform the
 +detainee’s legal adviser beforehand that the transfer is to take place (including the name of
 +the prison). The custody officer should also make all reasonable attempts to inform:
 +family or friends who have been informed previously of the detainee’s detention; and
 +the person who was initially informed of the detainee’s detention in accordance with
 +paragraph 5.1.
 +7. Any decision not to transfer a detained person to a designated prison under paragraph 1,
 +must be recorded, along with the reasons for this decision. If a request under paragraph
 +1(a) is not accommodated,​ the reasons for this should also be recorded.
 +Notes for Guidance
 +J1 Transfer to prison is intended to ensure that individuals who are detained for extended
 +periods of time are held in a place designed for longer periods of detention than police
 +stations. Prison will provide detainees with a greater range of facilities more appropriate to
 +longer detention periods.
 +J2 This Code will only apply as is appropriate to the conditions of detention during the period
 +of transit. There is obviously no requirement to provide such things as bed linen or reading
 +materials for the journey between prison and police station.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +67
 +ANNEX K DOCUMENTS AND RECORDS TO BE TRANSLATED
 +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 made
 +in accordance with this Code which are relevant to decisions to deprive a person of their
 +liberty, to any charge and to any record considered necessary to enable a detainee to defend
 +themselves in criminal proceedings and safeguard the fairness of the proceedings.
 +Passages of essential documents which are not relevant need not be translated. See Note
 +K1.
 +2. The documents considered essential for the purposes of this Code and for which (subject to
 +paragraphs 3 to 7) written translations must be created are the records made in accordance
 +with this Code of the grounds and reasons for any authorisation of a suspects detention
 +under the provisions of the Terrorism Act 2000 or the Counter Terrorism Act 2008 (postcharge
 +questioning) to which this Code applies as they are described and referred to in the
 +suspect’s custody record. Translations should be created as soon as practicable after the
 +authorisation has been recorded and provided as soon as practicable thereafter, whilst the
 +person is detained or after they have been released (see Note K3). See paragraphs 13.12 to
 +13.14 and Annex L for application to live-link interpretation.
 +3. The custody officer may authorise an oral translation or oral summary of the documents to be
 +provided (through an interpreter) instead of a written translation. Such an oral translation or
 +summary may only be provided if it would not prejudice the fairness of the proceedings by in
 +any way adversely affecting or otherwise undermining or limiting the ability of the suspect in
 +question to understand their position and to communicate effectively with police officers,
 +interviewers,​ solicitors and appropriate adults with regard to their detention and the
 +investigation of the offence in question and to defend themselves in the event of criminal
 +proceedings. The quantity and complexity of the information in the document should always
 +be considered and specific additional consideration given if the suspect is mentally
 +disordered or otherwise mentally vulnerable or is a juvenile or a 17-year-old (see Code H
 +paragraph 1.11A). The reason for the decision must be recorded (see paragraph 13.11(e)).
 +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 receiving
 +legal advice or having full knowledge of the consequences and give their unconditional and
 +fully informed consent in writing (see paragraph 9).
 +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 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
 +suspect who is entitled to a written translation of an essential document to waive that right.
 +See Notes K2 and K3.
 +7. For the purpose of the waiver:
 +(a) the consent of a person who is mentally disordered or otherwise mentally vulnerable
 +person is only valid if the information about the circumstances under which they can
 +waive the right and the reminder about their right to legal advice mentioned in
 +paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult,
 +and the appropriate adult also agrees.
 +(b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also
 +obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is
 +sufficient in its own right and the information and reminder mentioned in sub paragraph
 +(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).
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +68
 +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
 +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.
 +9. If the custody officer has any doubts about:
 +providing an oral translation or summary of an essential document instead of a written
 +translation (see paragraph 3);
 +whether the suspect fully understands the consequences of waiving their right to a written
 +translation of an essential document (see paragraph 4); or
 +about refusing to provide a translation of a requested document (see paragraph 7),
 +the officer should seek advice from an inspector or above.
 +Documentation
 +10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody record
 +or interview record as appropriate (see Code H paragraph 13.11(e)).
 +Note for Guidance
 +K1 It is not necessary to disclose information in any translation which is capable of
 +undermining or otherwise adversely affecting any investigative processes, for example, by
 +enabling the suspect to fabricate an innocent explanation or to conceal lies from the
 +interviewer.
 +K2 No police officer or police staff shall indicate to any suspect, except to answer a direct
 +question whether the period for which they are liable to be detained, or if not detained, the
 +time taken to complete the interview, might be reduced:
 +if they do not ask for legal advice before deciding whether they wish to waive their right
 +to a written translation of an essential document; or
 +if they decide to waive their right to a written translation of an essential document.
 +K3 There is no power under TACT to detain a person or to delay their release solely to create
 +and provide a written translation of any essential document.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +69
 +ANNEX L LIVE-LINK INTERPRETATION (PARA. 13.12)
 +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,​
 +communication technology such as videoconferencing,​ telephone or the Internet may be
 +used, unless the physical presence of the interpreter is required in order to safeguard the
 +fairness of the proceedings.” This Article permits, but does not require the use of a live-link,
 +and the following provisions of this Annex determine whether the use of a live-link is
 +appropriate in any particular case.
 +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
 +decision must take account of the age, gender and vulnerability of the suspect, the nature
 +and circumstances of the terrorism investigation and the impact on the suspect according to
 +the particular purpose(s) for which the suspect requires the assistance of an interpreter and
 +the time(s) when that assistance is required (see Note L1). For this reason, the custody
 +officer must consider whether the ability of the particular suspect, to communicate confidently
 +and effectively for the purpose in question (see paragraph 3) is likely to be adversely affected
 +or otherwise undermined or limited if the interpreter is not physically present and live-link
 +interpretation is used. Although a suspect for whom an appropriate adult is required may be
 +more likely to be adversely affected as described, it is important to note that a person who
 +does not require an appropriate adult may also be adversely impacted by the use of live-link
 +interpretation.
 +3. Examples of purposes referred to in paragraph 2 include:
 +(a) understanding and appreciating their position having regard to any information given to
 +them, or sought from them, in accordance with this or any other Code of Practice which,
 +in particular, include:
 +the caution (see paragraphs C10.1 and 10.12).
 +the special warning (see paragraphs 10.9 to 10.11).
 +information about their suspected involvement in the commission, preparation or
 +instigation of acts of terrorism offence (see paragraphs 10.3, 11.1 and Note 11ZA).
 +the grounds and reasons for detention (see paragraphs 13.10 and 13.10A).
 +the translation of essential documents (see paragraph 13.10B and Annex L).
 +their rights and entitlements (see paragraph 3.14).
 + ​intimate and non-intimate searches of detained persons at police stations.
 + ​provisions and procedures that apply to taking fingerprints,​ samples and
 +photographs from persons detained for the purposes of a terrorism investigation.
 +(b) understanding and seeking clarification from the interviewer of questions asked during
 +an interview that must be video recorded with sound (see paragraph 7) and of anything
 +else that is said by the interviewer and answering the questions.
 +(c) consulting privately with their solicitor and (if applicable) the appropriate adult (see
 +paragraphs 3.18, 13.3, 13.6 and 13.9):
 +(i) to help decide whether to answer questions put to them during interview; and
 +(ii) about any other matter concerning their detention and treatment whilst in custody.
 +(d) communicating with practitioners and others who have some formal responsibility for, or
 +an interest in, the health and welfare of the suspect. Particular examples include
 +appropriate healthcare professionals (see section 9 of this Code) and Independent
 +Custody Visitors.
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +70
 +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
 +would not adversely affect or otherwise undermine or limit the suspect’s ability to
 +communicate confidently and effectively for that purpose, they must so inform the suspect,
 +their solicitor and (if applicable) the appropriate adult. At the same time, the operation of livelink
 +interpretation must be explained and demonstrated to them, they must be advised of the
 +chief officer’s obligations concerning the security of live-link communications under paragraph
 +13.13 (see Note L2) and they must be asked if they wish to make representations that livelink
 +interpretation should not be used or if they require more information about the operation
 +of the arrangements. They must also be told that at any time live-link interpretation is in use,
 +they may make representations to the custody officer or interviewer that its operation should
 +cease and that the physical presence of an interpreter should be arranged.
 +When the authority of an inspector is required
 +5. If representations are made that live-link interpretation should not be used, or that at anytime
 +live-link interpretation is in use, its operation should cease and the physical presence of an
 +interpreter arranged and the custody officer is unable to allay the concerns raised, live-link
 +interpretation may not be used, or (as the case may be) continue to be used, unless
 +authorised in writing by an officer of the rank of inspector or above, in accordance with
 +paragraph 6.
 +6. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time
 +an interpreter is required, live-link interpretation is necessary and justified. In making this
 +decision, the officer must have regard to:
 +(a) the circumstances of the suspect;
 +(b) the nature and seriousness of the offence;
 +(c) the requirements of the investigation,​ including its likely impact on both the suspect and
 +any victim(s);
 +(d) the representations made by the suspect, their solicitor and (if applicable) the
 +appropriate adult that live-link interpretation should not be used (see paragraph 5)
 +(e) the availability of a suitable interpreter to be physically present compared with the
 +availability of a suitable interpreter for live-link interpretation (see Note L3); and
 +(f) the risk if the interpreter is not physically present, evidence obtained using link
 +interpretation might be excluded in subsequent criminal proceedings.
 +(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.
 +7. The separate Code of Practice that governs the conduct and recording of interviews of
 +persons detained at a police station under section 41 of the Terrorism Act 2000 (TACT) and
 +of persons in respect of whom an authorisation to question after charge has been given
 +under section 22 of the Counter-Terrorism Act 2008 requires those interviews to be video
 +recorded with sound. This will require the visual record to show the live-link interpretation
 +arrangements and the interpreter as seen and experienced by the suspect during the
 +interview (see Note L4).
 +Documentation
 +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
 +paragraphs 4 and 7. 
 +H
 +Codes of practice – Code H in connection with the detention, treatment and questioning by police officers of persons
 +under the Terrorism Act 2000 and the Counter-Terrorism Act 2008
 +71
 +Part 2: Modifications for live-link interpretation
 +9. The following modification shall apply for the purposes of live-link interpretation:​
 +(a) Code H paragraph 13.4:
 +For sub-paragraph (b), substitute: “A clear legible copy of the complete statement shall
 +be sent without delay via the live-link to the interviewer. The interviewer,​ after
 +confirming with the suspect that the copy is legible and complete, shall invite the
 +suspect to sign it. The interviewer is responsible for ensuring that that the signed copy
 +and the original record made by the interpreter are retained with the case papers for
 +use in evidence if required and must advise the interpreter of their obligation to keep the
 +original record securely for that purpose.”;​
 +(b) Code of Practice for video recording interviews with sound – paragraph 4.4
 +At the beginning of the paragraph insert: “Before the interview commences, the
 +operation of live-link interpretation shall be explained and demonstrated to the suspect,
 +their solicitor and appropriate adult, unless it has been previously explained and
 +demonstrated (see Code H Annex L paragraph 4).”
 +(c) Code for video recording interviews with sound - paragraph 4.22 (signing master
 +recording label)
 +After the third sentence, insert: “If live-link interpretation has been used, the interviewer
 +should ask the interpreter to observe the removal and sealing of the master recording
 +and to confirm in writing that they have seen it sealed and signed by the interviewer. A
 +clear legible copy of the confirmation signed by the interpreter must be sent via the livelink
 +to the interviewer. The interviewer is responsible for ensuring that the original
 +confirmation and the copy are retained with the case papers for use in evidence if
 +required, and must advise the interpreter of their obligation to keep the original
 +confirmation securely for that purpose.”
 +Notes for Guidance
 +L1 For purposes other than an interview, audio-only live-link interpretation,​ for example by
 +telephone (see Code H paragraph 13.12(b)) may provide an appropriate option until an
 +interpreter is physically present or audio-visual live-link interpretation becomes available. A
 +particular example would be the initial action required when a detained suspect arrives at a
 +police station to inform them of, and to explain, the reasons for their arrest and detention
 +and their various rights and entitlements. Another example would be to inform the suspect
 +by telephone, that an interpreter they will be able to see and hear is being arranged. In
 +these circumstances,​ telephone live-link interpretation may help to allay the suspect’s
 +concerns and contribute to the completion of the risk assessment (see Code H paragraph
 +3.6).
 +L2 The explanation and demonstration of live-link interpretation is intended to help the suspect,
 +solicitor and appropriate adult make an informed decision on whether to agree to its use
 +and to allay any concerns they may have.
 +L3 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.
 +L4 The Code of Practice referred to is paragraphs 7 and 9, is available here:
 +https://​www.gov.uk/​government/​publications/​terrorism-act-2000-video-recording-code-of-practice. ​
 +www.tso.co.uk
 +The Code contained in this booklet has been issued by the Home Secretary under
 +the Police and Criminal Evidence Act 1984 and has been approved by Parliament.
 +Copies of the Codes issued under the Police and Criminal Evidence Act 1984
 +must be readily available in all police stations for consultation by police officers,
 +detained people and members of the public.
 +CODE H
 +Revised
 +Code of Practice in connection
 +with:
 +The detention, treatment and
 +questioning by Police Officers of
 +persons in police detention under
 +Section 41 of, and Schedule 8 to,
 +the Terrorism Act 2000
 +The treatment and questioning
 +by Police Officers of detained
 +persons in respect of whom an
 +authorisation to question after
 +charge has been given under
 +Section 22 of the Counter-Terrorism
 +Act 2008
 +HCODE H
 +Code
 +H
 +58459_PACE Code H A5 Cover.indd 1 09/02/2017 15:33
code_h.txt · Last modified: 2017/06/22 14:15 by frescom