17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see paragraphs 17.3 and 17.4, and whose release would be required before a sample can be taken had they not continued to be detained as a result of being arrested for a further offence which does not satisfy the arrest condition, may have a sample taken at any time within 24 hours after the arrest for the offence that satisfies the arrest condition. 10C The restriction on drawing inferences from silence, see Annex C, paragraph 1, does not apply to a person who has not been detained and who therefore cannot be prevented from seeking legal advice if they want, see paragraph 3.21. 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: 1. 6.7 If paragraph 6.6(a) applies, where the reason for authorising the delay ceases to apply. 11.13 A record shall be made of any comments made by a suspect, including unsolicited comments, which are outside the context of an interview but which might be relevant to the offence. This would include any solicitor, appropriate adult and health care professional and is particularly relevant to communication by telephone or by means of a live link (see paragraphs 12.9A (interviews), 13.12 (interpretation), and 15.3C, 15.11A, 15.11B, 15.11C and 15.11D (reviews and extension of detention)). (a) a police officer carrying out a strip search must be the same sex as the detainee (see Annex L); (b) the search shall take place in an area where the detainee cannot be seen by anyone who does not need to be present, nor by a member of the opposite sex (see Annex L) except an appropriate adult who has been specifically requested by the detainee; (c) 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 vulnerable person, one of the people must be the appropriate adult. 15.11E The consent described in paragraph 15.11D will only be valid if: (i) in the case of a detainee aged 18 or over who is a vulnerable adult as described in paragraph 15.4A), information about how the live link is used and the reminder about their right to legal advice mentioned in paragraph 15.4 and their consent, are given in the presence of the appropriate adult; and, if information about how the live link is used and the reminder about their right to legal advice mentioned in paragraph 15.4 are given in the presence of the appropriate adult (who may or may not be their parent or guardian); and. The solicitors attendance and the detainees decision must be noted in the custody record. 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. 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. A note should be made in the detainees custody record of the fact that documents or materials have been made available under this sub-paragraph and when. 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. (See Code A paragraph 4.2B and the TACT search powers code paragraph 5.3.5). 15B The detention of persons in police custody not subject to the statutory review requirement in paragraph 15.1 should still be reviewed periodically as a matter of good practice. 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. In the case of the healthcare needs of a person who has swallowed drugs, the custody officer, subject to any clinical directions, should consider the necessity for rousing every half hour. 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 suspects answers or silence, (i.e. See Note 3ZA. Meal Solutions Individual Prepared Meals Discount calculator Individual Prepared Meals Showing 60 of 66 Filter Offer F 124128 Brakes Fish Pie 71.09 48.99 4.08/ea Pack size: 12 x 450g See similar Swap & Save F 112407 Brakes Spicy Macaroni Cheese 44.79 3.73/ptn Pack size: 12 x 400g See similar F 33021 Brakes Risotto Base 43.19 3.60/ptn 2. 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. To arrange free legal advice, the police should telephone the DSCC. 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. 15.3 C The decision on whether the review takes place in person or by telephone or by live link (see paragraph 1.13(e)(ii)) is a matter for the review officer. 13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall make sure the interpreter makes a note of the interview at the time in the persons language for use in the event of the interpreter being called to give evidence, and certifies its accuracy. Delivery 7 days a week. 10F The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects who have been arrested by a constable or an officer of Revenue and Customs and are given the relevant warning by the police or Revenue and Customs officer who made the arrest or who is investigating the offence. 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. 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: (a) detained suspects who, in accordance with paragraph 3.5(c)(ii), the custody officer has determined require an interpreter, and. 10.11 A The information required in paragraph 10.11 must not be given to a suspect who is a juvenile or a vulnerable person unless the appropriate adult is present. You have accepted additional cookies. unless one or more exceptions apply, in which case the DSCC should arrange for advice to be given by a solicitor at the police station, for example: the police want to interview the detainee or carry out an eye-witness identification procedure; the detainee is unable to communicate over the telephone; the detainee alleges serious misconduct by the police; the investigation includes another offence not included in the list. Absolutely! In the case of a juvenile or vulnerable person, the appropriate adult must be involved in accordance with paragraph. 16.7 When a juvenile is charged with an offence and the custody officer authorises their continued detention after charge, the custody officer must make arrangements for the juvenile to be taken into the care of a local authority to be detained pending appearance in court unless the custody officer certifies in accordance with PACE, section 38(6), that: (a) for any juvenile; it is impracticable to do so and the reasons why it is impracticable must be set out in the certificate that must be produced to the court; or. We also use cookies set by other sites to help us deliver content from their services. 12. See Note 16E. The suspect must also be informed of the reason or reasons why the arrest is considered necessary. (b) the age condition see paragraph 17.5, is met; (c) the notification condition is met in relation to the arrest condition, the charge condition, or the age condition, as the case may be. However, the authorising officer, in consultation with the officer in charge of the investigation, may direct that the interview is conducted and recorded in accordance with Code F. This will require the visual record to show the live-link interpretation arrangements and the interpreter as seen and experienced by the suspect during the interview. 16AB Where Guidance issued by the Director of Public Prosecutions under section 37B is in force, a custody officer who determines in accordance with that Guidance that there is sufficient evidence to charge the detainee, may detain that person for no longer than is reasonably necessary to decide how that person is to be dealt with under PACE, section 37(7)(a) to (d), including, where appropriate, consultation with the Duty Prosecutor. The tomatillo and lime sauce isn't spicy. 3.17 A The custody officer must ensure that at the time the copy of the notice is given to the appropriate adult, or as soon as practicable thereafter, the appropriate adult is advised of the duties of the appropriate adult as described in paragraph 1.7A. A detainee not asleep during the review must be present when the grounds for their continued detention are recorded and must at the same time be informed of those grounds unless the review officer considers the person is incapable of understanding what is said, violent or likely to become violent or in urgent need of medical attention. This Code applies to people in police detention after 00:00 on 21 August 2019, notwithstanding that their period of detention may have commenced before that time. The detainee must also be given information about how the live link is used. 15C In the case of a review of detention, but not an extension, the detainee need not be woken for the review. See paragraph 17.1; and. 11.1 Following a decision to arrest a suspect, they must not be interviewed about the relevant offence except at a police station or other authorised place of detention, unless the consequent delay would be likely to: interference with, or harm to, evidence connected with an offence; interference with, or physical harm to, other people; or, (b) lead to alerting other people suspected of committing an offence but not yet arrested for it; or. 12.9 A Amendments to PACE, section 39, allow a person in police detention to be interviewed using a live link (see paragraph 1.13(e)(i)) by a police officer who is not at the police station where the detainee is held. In order to do this they may need to witness what is happening. When this Code requires written consent or signing the person assisting may be asked to sign instead, if the detainee prefers. 15D An application to a Magistrates Court under PACE, sections 43 or 44 for a warrant of further detention or its extension should be made between 10am and 9pm, and if possible during normal court hours. (c) the officer in charge of the investigation, or in the case of a detained suspect, the custody officer, see paragraph 16.1, reasonably believes there is sufficient evidence to provide a realistic prospect of conviction for that offence. When an assessment under that Act is to take place at a police station (see paragraph 3.16) the custody officer must also ensure that in accordance with The Mental Health Act 1983 (Places of Safety) Regulations 2017, a health professional is present and available to the person throughout the period they are detained at the police station and that at the welfare of the detainee is checked by the health professional at least once every thirty minutes and any appropriate action for the care and treatment of the detainee taken. readily agreeing to suggestions or proposals without any protest or question. (b) C their right to be informed about the offence and (as the case may be) any further offences for which they are arrested whilst in custody and why they have been arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this Code and paragraph 3.3 of Code G. 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, paragraph 3.12 and 3.12A; (ii) the arrangements for obtaining legal advice, see section 6; (iii) their right to a copy of the custody record as in paragraph 2.4A; (iv) their right to remain silent as set out in the caution in the terms prescribed in section 10; (v) their right to have access to materials and documents which are essential to effectively challenging the lawfulness of their arrest and detention for any offence and (as the case may be) any further offences for which they are arrested whilst in custody, in accordance with paragraphs 3.4(b), 15.0, 15.7A(c) and 16.7A of this Code; (vi) the maximum period for which they may be kept in police detention without being charged, when detention must be reviewed and when release is required; (vii) their right to medical assistance in accordance with section 9 of this Code; (viii) their right, if they are prosecuted, to have access to the evidence in the case before their trial in accordance with the Criminal Procedure and Investigations Act 1996, the Attorney Generals Guidelines on Disclosure, the common law and the Criminal Procedure Rules; and. 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. This risk assessment must include the taking of reasonable steps to establish the detainees identity and to obtain information about the detainee that is relevant to their safe custody, security and welfare and risks to others. See Notes 1A and 1AA. 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). Web Pace Taco Complete Discontinued After Hours Researching And Comparing All Models On The Market, We Find Out The Best Pace Taco Complete Of. Paragraph 6.9 only applies if the solicitors approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect or the suspects response being recorded. Any refusal to sign should be recorded. This should be considered if it appears that the admissibility of interview evidence might be challenged because the interpreter was not physically present or if the suspect, solicitor or appropriate adult make representations that Code F should be applied. 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment the police officer must: (a) inform the person of the time and place at which the initial assessment is to take place; (b) explain that this information will be confirmed in writing; and. 6.17 A record shall be made in the interview record if a detainee asks for legal advice and an interview is begun either in the absence of a solicitor or their representative, or they have been required to leave an interview. (ii) does not appear to understand the significance of what they are told, of questions they are asked or of their replies: (iii) appears to be particularly prone to: becoming confused and unclear about their position; providing unreliable, misleading or incriminating information without knowing or wishing to do so; accepting or acting on suggestions from others without consciously knowing or wishing to do so; or. (c) The suspect must be given a notice summarising the matters described in paragraph 3.21A and which includes the arrangements for obtaining legal advice. The suspect shall then be invited to co-operate and go into the interview room. 11E Significant statements described in paragraph 11.4 will always be relevant to the offence and must be recorded. The detainee must be asked to countersign the record accordingly and any refusal recorded. A significant silence is a failure or refusal to answer a question or answer satisfactorily when under caution, which might, allowing for the restriction on drawing adverse inferences from silence, see Annex C, give rise to an inference under the Criminal Justice and Public Order Act 1994, Part III. See Note 17C. 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. Such an exchange is likely to constitute an interview as in paragraph 11.1A and require the associated safeguards in section 11. (b) Authorisation to extend detention without charge beyond 24 hours given by a superintendent, see Code C paragraph 15.16(b). 9A A healthcare professional means a clinically qualified person working within the scope of practice as determined by their relevant statutory regulatory body. The arrangement must ensure that anything said by any person in the suspects presence and hearing can be interpreted in the same way as if the interpreter was physically present at that time. 16.4A If the detainee: cannot read, the document may be read to them; is a juvenile, mentally disordered or otherwise mentally vulnerable, the appropriate adult shall also be given a copy, or the interview record shall be brought to their attention. 3.12 A If the detainee is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, the custody officer must ensure that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), they are informed as soon as practicable about their rights of communication with their High Commission, Embassy or Consulate set out in section 7. 14. Please listen carefully to the caution I am about to give you because it will apply from now on. It is particularly important that directions concerning the frequency of visits are clear, precise and capable of being implemented. 1.9 References to a custody officer include any police officer who, for the time being, is performing the functions of a custody officer. Offences under the following provisions of the Vagrancy Act 1824: 17F The power to take samples is subject to notification by the Secretary of State that appropriate arrangements for the taking of samples have been made for the police area as a whole or for the particular police station concerned for whichever of the following is specified in the notification: (a) persons in respect of whom the arrest condition is met; (b) persons in respect of whom the charge condition is met; (c) persons who have not attained the age of 18. 3.1 When a person is brought to a police station under arrest or arrested at the station having gone there voluntarily, the custody officer must make sure the person is told clearly about: (a) the following continuing rights, which may be exercised at any stage during the period in custody: (i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6; (ii) their right to have someone informed of their arrest as in section 5; (iii) their right to consult the Codes of Practice (see Note 3D); and. 13A Chief officers have discretion when determining the individuals or organisations they use to provide interpretation and translation services for their forces provided that these are compatible with the requirements of the Directive. Wake up those taste buds with kick of bold flavor. See paragraph 1.7(b) and Notes 1D and 1F. the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). Note: If a juveniles 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. 9.1 Nothing in this section prevents the police from calling an appropriate healthcare professional to examine a detainee for the purposes of obtaining evidence relating to any offence in which the detainee is suspected of being involved. To help us improve GOV.UK, wed like to know more about your visit today. 3.12 If the detainee appears to be someone who does not speak or understand English or who has a hearing or speech impediment, the custody officer must ensure: (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. 16D Except as in paragraph 16.7, neither a juveniles behaviour nor the nature of the offence provides grounds for the custody officer to decide it is impracticable to arrange the juveniles transfer to local authority care. (b) all other occasions before a person is charged or informed they may be prosecuted; see section 16, should, unless the restriction on drawing adverse inferences from silence applies, see Annex C, be in the following terms: You do not have to say anything. 5. 9.6 Paragraph 9.5 is not meant to prevent or delay the transfer to a hospital if necessary of a person detained under the Mental Health Act 1983, sections 135 and 136, as amended by the Policing and Crime Act 2017. If a specific notice is not available, the notice given to detained suspects with references to detention-specific requirements and information redacted, may be used. Such a request should be acted upon as soon as practicable. (c) If at any time (including during the search or carrying out the procedure or requirement) 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. (b) the grounds for giving the authorisation. 8D In cells subject to CCTV monitoring, privacy in the toilet area should be ensured by any appropriate means and detainees should be made aware of this when they are placed in the cell. 2. (ii) any other procedure which requires action to be taken or information to be given that depends on whether the person is to be treated as being male or female; then the gender of the detainee and other parties concerned should be established and recorded in line with Annex L of this Code. If the matter concerns a possible assault or the possibility of the unnecessary or unreasonable use of force, an appropriate healthcare professional must also be called as soon as practicable. (c) during the course of the interview, the officers in (a) and (b) may consult each other as necessary to clarify any action to be taken and to avoid any misunderstanding. 12. They must also be told that at any time live-link interpretation is in use, they may make representations to the custody officer or the interviewer that its operation should cease and that the physical presence of an interpreter should be arranged. A person may however be asked if they want to make such a statement. Vulnerable suspects listed at paragraph 11.18 shall be treated as always being at some risk during an interview and these persons may not be interviewed except in accordance with paragraphs 11.18 to 11.20. You won't believe how easy it is. See Note 8B. E1 The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of a vulnerable person who does not understand the significance of what is said to them. the special warning (see paragraphs 10.10 to 10.12). This statement may be given in evidence.; 5. Because of the risks, which the presence of the appropriate adult is intended to minimise, officers of superintendent rank or above should exercise their discretion under paragraph 11.18(a) to authorise the commencement of an interview in the appropriate adults absence only in exceptional cases, if it is necessary to avert one or more of the specified risks in paragraph 11.1. (c) if no person falling within (a) or (b) above is available, any responsible person aged 18 or over who is not: under the direction or control of the chief officer of police force; or. 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. In these cases, they shall use their warrant or other identification numbers and the name of their police station. Questioning in these circumstances may not continue in the absence of the appropriate adult once sufficient information to avert the risk has been obtained. For this reason, the custody officer must consider whether the ability of the particular suspect, to communicate confidently and effectively for the purpose of the interview is likely to be adversely affected or otherwise undermined or limited if the interviewing officer is not physically present and a live-link is used (see Note 12ZB). 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 officers functions; 1. See Note 15C. In addition, the fact that testing of under 18s is authorised must be expressly provided for in the notification before the power to test such persons applies.). Another example would be to inform the suspect by telephone, that an interpreter they will be able to see and hear is being arranged.