3J For voluntary interviews conducted by non-police investigators, the provision of legal advice is set out by the Legal Aid Agency at paragraph 9.54 of the 2017 Standard Crime Contract Specification. 15.6 No officer shall put specific questions to the detainee: regarding their involvement in any offence; or. 13. 11.11 Unless it is impracticable, the person interviewed shall be given the opportunity to read the interview record and to sign it as correct or to indicate how they consider it inaccurate. See Note 15C. See Notes A1 to A5. 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. 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. 15.4 B For the purpose of using a live link in accordance with sections 45ZA and 45ZB of PACE to authorise detention without charge (see paragraphs 15.11A and 15.11C), the reference to any other reason would extend to difficulties in understanding the purposes mentioned in paragraph 15.4A that might arise if the person happened to be under the influence of drink or drugs at the time the live link is to be used. 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. This is important so as to maintain the dignity of the person and any officers concerned. 3.22A Before asking the suspect any questions about their involvement in the offence they are suspected of committing, the interviewing officer must ask them to confirm that they agree to the interview proceeding. Out of stock. 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. (b) if the statement is made at a time when the restriction on drawing adverse inferences from silence applies: say. 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,. 17.13 A sample may only be taken by a prescribed person. (c) hinder the recovery of property obtained in consequence of the commission of an offence. 17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or 17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in writing as soon as practicable. A copy of the written notice embodying any charge must also be given to the appropriate adult. See Note 17G. 13.2 A If a person who is a juvenile or a vulnerable person is interviewed and the person acting as the appropriate adult does not appear to speak or understand English, arrangements must be made for an interpreter to assist communication between the person, the appropriate adult and the interviewer, unless the interview is urgent and paragraphs 11.1 or 11.18(c) apply. See Notes 15C, 15D and 15E. The interviewer shall ask the suspect whether they confirm or deny that earlier statement or silence and if they want to add anything. , wish to make a statement. Drinks should be provided at meal times and upon reasonable request between meals. Such a notification will cover either a police area as a whole or particular stations within a police area. 1.8 If this Code requires a person be given certain information, they do not have to be given it if at the time they are incapable of understanding what is said, are violent or may become violent or in urgent need of medical attention, but they must be given it as soon as practicable. 3. This includes contacts and assessments arranged by the police or at the request of the individual or (as applicable) their appropriate adult or solicitor. N3 Factors affecting availability of a suitable interpreter will include the location of the police station and the language and type of interpretation (oral or sign language) required. 16.4 If, after a detainee has been charged with or informed they may be prosecuted for an offence, an officer wants to tell them about any written statement or interview with another person relating to such an offence, the detainee shall either be handed a true copy of the written statement or the content of the interview record brought to their attention. 6.15 C 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. At the custody officers discretion, detainees may have menstrual products supplied by their family or friends at their expense (see Note 9CC). PACE, sections 40, 40A and 45A means, in the case of a person arrested but not charged, an officer of at least inspector rank not directly involved in the investigation and, if a person has been arrested and charged, the custody officer. Reminders of the right to legal advice must be given as in paragraphs 3.5, 11.2, 15.4, 16.4, 16.5, 2B of Annex A, 3 of Annex K and 5 of Annex M of this Code and Code D, paragraphs 3.17(ii) and 6.3. 17G Appropriate adult in paragraph 17.7 means the persons, (a) parent or guardian or, if they are in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or, (b) a social worker of a local authority; or. This contact should be facilitated at any time, where possible. 3.17 and in the case of a girl under 18, see paragraph 3.20A (see Note 9CB). See paragraphs 15.3, 15.4 and 15.16(a) and (b); to provide interpretation at the magistrates court for the hearing of an application for a warrant of further detention or any extension or further extension of such warrant to explain any grounds and reasons for the application and any information about the authorisation of their further detention given to them by the court (see PACE, sections 43 and 44 and paragraphs 15.2 and 15.16(c)); and. The record shall include the date time and place the action was taken, who was present and anything said to or by the suspect and to or by those present. 3.15 If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that: the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and; of the duties of the appropriate adult as described in paragraph 1.7A; and. When establishing whether the person concerned should be treated as being male or female for the purposes of these searches, procedures and requirements, the following approach which is designed to maintain their dignity, minimise embarrassment and secure their 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. 6J Whenever a detainee exercises their right to legal advice by consulting or communicating with a solicitor, they must be allowed to do so in private. An interviewer who has any doubts about whether and what arrangements for an interpreter must be made or about how the provisions of this section should be applied to a suspect who is not under arrest should seek advice from an officer of the rank of sergeant or above. 6E An officer who takes the decision to exclude a solicitor must be in a position to satisfy the court the decision was properly made. Where such a requirement is imposed, the officer must, at the same time, impose a second requirement on the detainee to attend and remain for a follow-up assessment. This publication is available at https://www.gov.uk/government/publications/pace-code-c-2019/pace-code-c-2019-accessible, CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS. When a detainee wants to pay for legal advice themselves: the DSCC will contact a solicitor of their choice on their behalf; they may, when free advice is only available by telephone from CDS Direct, still speak to a solicitor of their choice on the telephone for advice, but the solicitor would not be paid by legal aid and may ask the person to pay for the advice; they should be given an opportunity to consult a specific solicitor or another solicitor from that solicitors firm. 11.15 A juvenile or vulnerable person must not be interviewed regarding their involvement or suspected involvement in a criminal offence or offences, or asked to provide or sign a written statement under caution or record of interview, in the absence of the appropriate adult unless paragraphs 11.1 or 11.18 to 11.20 apply. 11.17 A 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. They manufacture chilled ready meals and distribute them to restaurants, supermarkets, and caterers in the UK. This applies to both designated and non-designated police stations. See Note 16D. 13. However, for view only access, it will be necessary to demonstrate that sufficient time is allowed for the suspect and solicitor to view and consider the documents and materials in question. 2. 11. when indicated as in Annex H, the nearest available healthcare professional or an ambulance must be called immediately. 14.1 If a person is arrested by one police force on behalf of another and the lawful period of detention in respect of that offence has not yet commenced in accordance with PACE, section 41, no questions may be put to them about the offence while they are in transit between the forces except to clarify any voluntary statement they make. This does not however apply for the purposes of paragraphs 1.4 and 1.13(d) (see Note 1GC). www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-and-, www.gov.uk/government/publications/standard-, www.gov.uk/government/publications/foreign-embassies-in-the-uk, The Mental Health Act 1983 (Places of Safety) Regulations 2017, www.gov.uk/government/publications/mental-health-act-1983-implementing-. 3.21 Anybody attending a police station or other location (see paragraph 3.22 and Note 3I) voluntarily to assist police with the investigation of an offence may leave at will unless arrested. It applies whether or not they ask for legal advice and includes any further offences that come to light and are pointed out during the voluntary interview and for which they are cautioned. Subject to (ii) below, the person should be treated according to their preference except with regard to the requirements to provide that person with information concerning menstrual products and their personal needs relating to health, hygiene and welfare described in paragraph 3.20A (if aged under 18) and paragraphs 9.3A and 9.3B (if aged 18 or over). Learn More Pick up the pacE 6.10 If the interviewer considers a solicitor is acting in such a way, they will stop the interview and consult an officer not below superintendent rank, if one is readily available, and otherwise an officer not below inspector rank not connected with the investigation. 15.11 C For the purpose of paragraph 15.7A and the hearing of an application to a magistrates court under PACE, section 43 for a warrant of further detention to extend detention without charge of a person arrested for an indictable offence, or under PACE, section 44, to extend or further extend that warrant, the magistrates court may give a direction that a live link (see paragraph 1.13(e)(iv)) be used for the purposes of the hearing if, and only if, the following conditions are satisfied: (i) the custody officer considers that the use of the live link for the purpose of the hearing is appropriate (see Note 15H); (ii) the detainee in question has requested and received legal advice on the use of the live link (see paragraph 15.4); (iii) the detainee has given their consent to the live link being used (see paragraph 15.11D); and. 9.9 If a detainee is required to take or apply any medication in compliance with clinical directions prescribed before their detention, the custody officer must consult the appropriate healthcare professional before the use of the medication. 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. (g) That their agreement to take part in the interview also signifies their agreement for that interview to be audio-recorded or (as the case may be) visually recorded with sound. Reasons for delaying the initiation or completion of the assessment must be recorded. This statement may be given in evidence.. In these circumstances, when there is any doubt, police should always act urgently to call an appropriate healthcare professional or an ambulance. 1.12 This Code does not apply to people in custody: (i) arrested by officers under the Criminal Justice and Public Order Act 1994, section 136(2) on warrants issued in Scotland, or arrested or detained without warrant under section 137(2) by officers from a police force in Scotland. Chilled ready meal sales rose throughout the 80s and the arrival of microwaves in the domestic kitchen only increased them further. Offences under the following provisions of the Theft Act 1968: section 1 (theft), section 12 (taking a motor vehicle or other conveyance without authority) section 12A (aggravated vehicle-taking), section 25 (going equipped for stealing etc. See paragraph 10.12. 17.20 The following must be recorded in the custody record: (a) that the requirement to attend an initial assessment and a follow-up assessment has been imposed; and, (b) the information, explanation, warning and notice given in accordance with paragraphs. 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. (e) a record is being made of the interview and it may be given in evidence if they are brought to trial. a person with a criminal record is unlikely to be suitable unless the conviction was for a minor offence and not recent. (b) Documents and materials which are essential to effectively challenging the lawfulness of the detainees arrest and detention must be made available to the detainee or their solicitor. See paragraph 15.3. Anything you do say may be given in evidence., Does dim rhaid i chi ddweud dim byd. (d) If they are a juvenile or vulnerable and do not want legal advice, their appropriate adult has the right to ask for a solicitor to attend if this would be in their best interests and the appropriate adult must be so informed. 5. Particular examples include appropriate healthcare professionals (see section 9 of this Code), Independent Custody Visitors and drug arrest referral workers. See paragraph 11.13 in respect of unsolicited comments. 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. If they decide it should, another appropriate adult must be obtained before the interview continues, unless the provisions of paragraph 11.18 below apply. any other matters in any written letter of authorisation provided by the solicitor on whose behalf the person is attending the police station. Where in accordance with the Guidance the case is referred to the CPS for decision, the custody officer should ensure that an officer involved in the investigation sends to the CPS such information as is specified in the Guidance. Source: contests.gdusa.com. A3 If authority is given for a search under paragraph 2(a)(i), a registered medical practitioner or registered nurse shall be consulted whenever possible. See paragraphs 11.1, 11.15 and 11.18 to 11.20. 2.7 The fact and time of any detainees refusal to sign a custody record, when asked in accordance with this Code, must be recorded. You won't believe how easy it is. 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.. (e) if an x-ray is taken or an ultrasound scan carried out: K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or both), consideration should be given to asking a registered medical practitioner or registered nurse to explain to the detainee what is involved and to allay any concerns the detainee might have about the effect which taking an x-ray or carrying out an ultrasound scan might have on them. those brought to a police station under arrest or arrested at a police station for an offence after going there voluntarily. 9F The custody officer should always seek to clarify directions that the detainee requires constant observation or supervision and should ask the appropriate healthcare professional to explain precisely what action needs to be taken to implement such directions. To help us improve GOV.UK, wed like to know more about your visit today. See paragraph 10.3 and Code G paragraphs 2.2 and 4.3; note on the custody record any comment the detainee makes in relation to the arresting officers account but shall not invite comment. An entrepreneur with the mind, heart and palate for making the perfect sauce. What is reasonable will depend on the particular circumstances. Interviewers should keep this in mind when deciding what questions to ask in an interview. The record shall show the: time a person is released from detention. (Testing on charge and/or arrest must be specifically provided for in the notification for the power to apply. 2.6 A Nothing in this Code requires the identity of officers or other police staff to be recorded or disclosed: (b) if the officer or police staff reasonably believe recording or disclosing their name might put them in danger.
Categories
