See Note 1H. Examples of unacceptable conduct include answering questions on a suspects behalf or providing written replies for the suspect to quote. 6. (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. 12. (c) hinder the recovery of property obtained in consequence of the commission of an offence. Out of stock. 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 offence that are known to the officer, including the time and place in question. 12.12 Any decision to delay a break in an interview must be recorded, with reasons, in the interview record. (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. However, it is important that the parent, guardian or representative of a local authority or voluntary organisation who is not present is fully informed before being asked to consent. 16C There is no power under PACE to detain a person and delay action under paragraphs 16.2 to 16.5 solely to await the arrival of the appropriate adult. 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 officers duties. The dish has 411 calories, 46 grams of protein, and 20 grams of carbohydrates. 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. 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. 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,. 9.5A This applies even if the detainee makes no request for clinical attention and whether or not they have already received clinical attention elsewhere. 11.7 (a) An accurate record must be made of each interview, whether or not the interview takes place at a police station. 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. 4. The obligation to transfer a juvenile to local authority accommodation applies as much to a juvenile charged during the daytime as to a juvenile to be held overnight, subject to a requirement to bring the juvenile before a court under PACE, section 46. 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. Subject to the restrictions in paragraph 9.10, 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. See Note 9D. 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. 17D Samples, and the information derived from them, may not be subsequently used in the investigation of any offence or in evidence against the persons from whom they were taken. A record shall be made of the grounds for any decision to begin an interview in these circumstances. Where the use of the Welsh Language is appropriate, the following form of words may be used: Nid oes rhaid i chi roi caniatd i gael eich archwilio, ond maen rhaid i mi eich rhybuddio os gwrthodwch heb reswm da, y gallai eich penderfyniad i wrthod wneud niwed ich achos pe bain dod gerbron llys.. An investigating officer who is given custody of a detainee takes over responsibility for the detainees care and safe custody 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. (a) the consent of a 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. In cases of doubt, an officer of inspector rank or above should be consulted. See Note 1L. in response to a decision to keep them in detention or extend the maximum period of detention. 3.13 If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the identity of a person responsible for their welfare. Any questions that are necessary, e.g. 11.9 Written interview records must be timed and signed by the maker. I want someone to write down what I, say. 5.2 The exercise of the above right in respect of each person nominated may be delayed only in accordance with Annex B. Such an exchange is itself likely to constitute an interview as in paragraph 11.1A and require the associated interview safeguards in section 11. This section was amended by section 42 of the Criminal Justice and Courts Act 2015 with effect from 26 October 2015, and includes anyone who appears to be under the age of 18. Every effort should be made to notify the parent(s) or other person responsible for the juveniles welfare and the appropriate adult, if this is a different person, that the police want to interview the juvenile and reasonable time should be allowed to enable the appropriate adult to be present at the interview. (c) Their right, if in accordance with paragraph 3.5(c)(ii) the interviewer determines: (i) that they are a juvenile or are vulnerable; or. See paragraphs 3.12 and 13.1. See paragraph 1(a); or. This does not however apply for the purposes of paragraphs 1.4 and 1.13(d) (see Note 1GC). An offence under section 1(1) of the Criminal Attempts Act 1981 if committed in, (a) any of the following provisions of the Theft Act 1968: section 1 (theft), (b) section 1 of the Fraud Act 2006 (fraud). The detainee must be informed and the custody record noted. 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 and who does not have a hearing or speech impediment and who would therefore not require an interpreter. See paragraph 1.7(b) and Notes 1D and 1F. M3 There is no power under PACE to detain a person or to delay their release solely to create and provide a written translation of any essential document. See paragraph 13.1C if the detainee is in Wales. 11.21 When a suspect in police detention is interviewed using a live link by a police officer who is not at the police station where the detainee is held, the provisions of this section that govern the conduct and making a written record of that interview, shall be subject to paragraph 12.9B of this Code. Dont worry we wont send you spam or share your email address with anyone. See Note 3ZA. 8.4 Access to toilet and washing facilities must be provided. 13.4 In the case of a person making a statement under caution (see Annex D) to a police officer or other police staff in a language other than English: (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. 11.19 These interviews may not continue once sufficient information has been obtained to avert the consequences in paragraph 11.1(a) to (c). 9.16 If a healthcare professional does not record their clinical findings in the custody record, the record must show where they are recorded. See Note 11B. At the same time, the operation of the live-link must be explained and demonstrated to them (see Note 12ZC), they must be advised of the chief officers obligations concerning the security of live-link communications under paragraph 13.13 and they must be asked if they wish to make representations that the live-link should not be used or if they require more information about the operation of the arrangements. If the detainee refuses, the custody officer will be obliged to ascertain what property they have in accordance with paragraph 4.1. 1.17 In any provision of this or any other Code which allows or requires police officers or police staff to make a record in their report book, the reference to report book shall include any official report book or electronic recording device issued to them that enables the record in question to be made and dealt with in accordance with that provision. Police officers should show particular sensitivity when dealing with transgender individuals (including transsexual persons) and transvestite persons (see Notes L2, L3 and L4). 9.12 If a detainee has in their possession, or claims to need, medication relating to a heart condition, diabetes, epilepsy or a condition of comparable potential seriousness then, even though paragraph 9.5 may not apply, the advice of the appropriate healthcare professional must be obtained. The officer must inform the detainee that the second requirement will cease to have effect if, at the initial assessment they are informed that a follow-up assessment is not necessary These requirements may only be imposed on a person if: (b) notification has been given by the Secretary of State to the relevant chief officer of police that arrangements for conducting initial and follow-up assessments have been made for those from whom samples for testing have been taken at the police station where the detainee is in custody. A detainee may be at risk in an interview if it is considered that: (a) conducting the interview could significantly harm the detainees 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. 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. (iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and their right to communicate with their High Commission, Embassy or Consulate (see paragraph 3.12A). If they are not at the police station then these provisions must be complied with again in their presence when they arrive unless the detainee has been released. PACE, section 55A allows a person who has been arrested and is in police detention to have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if: (a) authorised by an officer of inspector rank or above who has reasonable grounds for believing that the detainee: (i) may have swallowed a Class A drug; and, (ii) was in possession of that Class A drug with the intention of supplying it to another or to export; and. 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 (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. (b) has been charged with any other offence and a police officer of inspector rank or above, who has reasonable grounds for suspecting that the detainees misuse of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken. 16.1 B Where in compliance with the DPPs Guidance the custody officer decides that the case should be immediately referred to the CPS to make the charging decision, consultation should take place with a Crown Prosecutor as soon as is reasonably practicable. (b) if the statement is made at a time when the restriction on drawing adverse inferences from silence applies: say. (ii) enable that information to be given to, sought from, or provided by, the suspect in accordance with the provisions of this or any other Code that apply to that information, as modified for the purposes of the live-link, by Part 2 of Annex N. 13.12 A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must enable compliance with the relevant provisions of the Codes C, E and F, means that the 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. 3D The right to consult the Codes of Practice does not entitle the person concerned to delay unreasonably any necessary investigative or administrative action whilst they do so. The benefits of carrying out a review in person should always be considered, based on the individual circumstances of each case with specific additional consideration if the person is: (a) a juvenile (and the age of the juvenile); or, (c) in need of medical attention for other than routine minor ailments; or, (d) subject to presentational or community issues around their detention. Note: Chief officers should ensure that the operation of these provisions at police stations in their areas is subject to supervision and monitoring by an officer of the rank of inspector or above. 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. If that assessment is to take place at the police station, an approved mental health professional and a registered medical practitioner shall be called to the station as soon as possible to carry it out. The appropriate adult should always be involved. 15.7 A detainee who is asleep at a review, see paragraph 15.1, and whose continued detention is authorised must be informed about the decision and reason as soon as practicable after waking. Procedures under the Road Traffic Act 1988, section 7 or the Transport and Works Act 1992, section 31 do not constitute interviewing for the purpose of this Code. The use of live link for decisions about detention under section 45A of PACE is subject to regulations made by the Secretary of State being in force. B1 Even if Annex B applies in the case of a juvenile, or a vulnerable person, action to inform the appropriate adult and the person responsible for a juveniles welfare, if that is a different person, must nevertheless be taken as in paragraph 3.13 and 3.15. See Notes 15A and 15B. 17B A sample has to be sufficient and suitable. Chapter 16 of the Mental Health Act 1983 Code of Practice (as revised), provides more detailed guidance about arranging assessments under the Mental Health Act and transferring detainees from police stations to other places of safety. If the custody officer charges a 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. (f) That interview will be arranged for a time and location (see paragraph 3.22 and Note 3I) that enables: (i) the suspects rights described above to be fully respected; and, (ii) the whole of the interview to be recorded using an authorised recording device in accordance with Code E (Code of Practice on Audio recording of interviews with suspects) or (as the case may be) Code F (Code of Practice on visual recording with sound of interviews with suspects); and. 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. The authorisations to which this applies are the same as those described at items (i)(a) to. 3H The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of juvenile and vulnerable persons who may not understand the significance of what is said to 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. (ii) the interview to be conducted and recorded in accordance with the provisions of Codes C, E and F, subject to the modifications in Part 2 of Annex N. This applies to communication for the purposes of any provision of this or any other 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. 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. See Note 16E. 3. By 2012, the chilled ready meal made up 57% of the UK prepared . See Notes 5C and 5D. 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, 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 6.6(b) may apply. 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 if not detained, 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. 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. 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. 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 they are suspected of involvement in the offence concerned. 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 8A. 8.5 If it is necessary to remove a detainees clothes for the purposes of investigation, for hygiene, health reasons or cleaning, removal shall be conducted with proper regard to the dignity, sensitivity and vulnerability of the detainee and replacement clothing of a reasonable standard of comfort and cleanliness shall be provided. 12.4 As far as practicable interviews shall take place in interview rooms which are adequately heated, lit and ventilated. 9.11 When appropriate healthcare professionals administer drugs or authorise the use of other medications, supervise their self-administration or consult with the custody officer about 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 statutory regulatory body. 2. 3.26 The provisions of this section identify the information which must be given to suspects who have been cautioned in accordance with section 10 of this Code according to whether or not they have been arrested and detained. To arrange free legal advice, the police should telephone the DSCC. (b) remind the detainee about their right to legal advice. 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. If the suspect has asked for legal advice, their solicitor should be involved in the assessment and in the case of a juvenile or vulnerable person, the appropriate adult should be involved. 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 that their consent or agreement to be interviewed is not required. 6.7 If paragraph 6.6(a) applies, where the reason for authorising the delay ceases to apply. 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). If there is any doubt the relevant caution should be given again in full when the interview resumes. The notice shall begin: You are charged with the offence(s) shown below. Followed by the caution. We also use cookies set by other sites to help us deliver content from their services. 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.
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