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See Notes 9A and 8C. 3E 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. This will include situations where the appropriate adults approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect or the suspects responses being recorded (see Note 11F). 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. 8. Subject to sub-paragraphs (a) to (f) below, the custody officer is responsible for deciding on a case by case basis whether a detainee is fit to be interviewed (see paragraph 12.3) and should be delivered into the physical custody of an officer who is not involved in the investigation, for the purpose of enabling another officer who is investigating the offence for which the person is detained and who is not at the police station where the person is detained, to interview the detainee by means of a live link (see Note 12ZA). 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. This statement may be given in evidence.. The changed position on drawing inferences and that the previous caution no longer applies shall also be explained to the detainee in ordinary language. 9.4 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 detainees condition is made available to the responsible healthcare professional. 9CA Paragraph 9.3 would apply to a person in police custody by order of a magistrates court under the Criminal Justice Act 1988, section 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of evidence after being charged with drug possession or drug trafficking and suspected of having swallowed drugs. The person taking the statement shall certify on the statement itself what has occurred. 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. E4 When a person is detained under section 136 of the Mental Health Act 1983 for assessment, the appropriate adult has no role in the assessment process and their presence is not required. www.gov.uk/guidance/equality-act-2010-guidance. 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. Just last month, Prima Taste launched its Ready Meal range. (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. by email to fcocorrespondence@fco.gov.uk. 1GA For the purposes of paragraph 1.4(a), examples of relevant information that may be. the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, is informed of: the attendance of the appropriate adult at the police station to see the detainee is secured. They must also be allowed to speak to the juvenile and the appropriate adult if they wish. (b) can be disposed of as clinical waste unless it is to be sent for further analysis in cases where the test result is disputed at the point when the result is known, including on the basis that medication has been taken, or for quality assurance purposes. 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 removal of more than outer clothing is only made as in Annex A. 8.6 At least two light meals and one main meal should be offered in any 24-hour period. E2 Although vulnerable persons 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. 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. This must take account of the dignity of the detainee. 13.12), nationalarchives.gov.uk/doc/open-government-licence/version/3. 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 appropriate adult to be present during the search and the appropriate adult agrees. Written notice showing particulars of the offence charged required by Code C paragraph 16.3 or the offence for which the suspect has been told they may be prosecuted. 5. Note:When explaining the right to legal advice and the arrangements, the interviewer must take care not to indicate, except to answer a direct question, that the time taken to arrange and complete the voluntary interview might be reduced if: the suspect does not ask for legal advice or does not want a solicitor present when they are interviewed; or. See also paragraphs 11.4 and 11.13. (d) to seek verification of a written record as in paragraph 11.13. 12.9 B When a suspect detained at a police station is interviewed using a live link in accordance with paragraph 12.9A, the officer given custody of the detainee at the police station and the interviewer who is not present at the police station, take over responsibility for ensuring compliance with the provisions of sections 11 and 12 of this Code, or Code E (Audio recording) or Code F (Audio visual recording) that govern the conduct and recording of that interview. 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. Except as in paragraph 10.9, 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. the arresting officer or an appropriate healthcare professional, see paragraph 9.13. In this case, action to secure the provision of advice if so requested by the appropriate adult shall be taken without delay in the same way as when requested by the person. 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. 2. (c) A warrant of further detention issued by a magistrates court and any extension(s) of the warrant, see Code C paragraph 15.16(c). 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. 9.15 A record must be made in the custody record of: (a) the arrangements made for an examination by an appropriate healthcare professional under paragraph 9.2 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 9.5; (c) any request for a clinical examination under paragraph 9.8 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 9G. 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. When a detainee asks for free legal advice, the Defence Solicitor Call Centre (DSCC) must be informed of the request. The provisions of this Code implement the requirements for those to whom this Code applies. In making this decision, the officer must have regard to: (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 N3); and, (f) the risk if the interpreter is not physically present, evidence obtained using link interpretation might be excluded in subsequent criminal proceedings; and. The arrangements also apply, with appropriate modifications, to persons attending a police station or other location (see paragraph 3.22 and Notes 3I and 3J) voluntarily who are cautioned prior to being interviewed. 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. A search may only be carried out by an officer of the same sex as the detainee. 9.3A As soon as practicable after arrival at the police station, each detainee must be given an opportunity to speak in private with a member of the custody staff who if they wish may be of the same sex as the detainee (see paragraph 1.13(c)), about any matter concerning the detainees personal needs relating to their health, hygiene and welfare that might affect or concern them whilst in custody. This does not negate the need for regular visiting of the suspect in the cell. Short refreshment breaks shall be provided at approximately two hour intervals, subject to the interviewers discretion to delay a break if there are reasonable grounds for believing it would: (ii) unnecessarily delay the detainees release; or, (iii) otherwise prejudice the outcome of the investigation. 2.5 The detainee, appropriate adult or legal representative shall be permitted to inspect the original custody record after the detainee has left police detention provided they give reasonable notice of their request. 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. 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.
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