Code C- Annex K- X-rays and ultrasounds in drugs cases Flashcards
Q: When can an x-ray or ultrasound be taken of a detainee?
S55A PACE, supplemented by Annex K of Code C
(1) If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention—
(a) may have swallowed a Class A drug, and
(b) was in possession of it with the appropriate criminal intent before his arrest,
the officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both)
Q: What does the detainee need to be told before it is carried out?
S55A(3)
If it is proposed that an x-ray is taken or an ultrasound scan is carried out, an appropriate officer must inform the person who is to be subject to it—
(a) of the giving of the authorisation for it, and
(b) of the grounds for giving the authorisation.
Q: Does the consent of the detainee need to be obtained for this to take place?
S55A(2) PACE
(2) An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing
Q: What if the detainee refuses to give consent?
S55A(9) and Annex K
Before a detainee is asked to give consent, they must be warned that if they refuse without good cause in any proceedings against them for that offence, the court would be entitled to draw such inferences from the refusal as appear proper.
This may assist the court, in determining if there is a case to answer, if the case should be dis-missed or assist the jury in determining if the person is guilty of the offence charged.
The warning can be given by a police officer or police staff.
Q: What if the detainee is a juvenile or vulnerable person?
The seeking and giving of consent for the scan must be done in the presence of the appropriate adult, who can ensure no pressure is put on the detainee to consent.
Q: What if the juvenile is aged 14 to 17 inclusive?
The written consent of their parent or guardian is also required.
Q: What if the juvenile is under 14?
Only the consent of the parent or guardian is required. No consent is needed from the juvenile themselves.
Q: Summary of consent and ages
18 or over- written consent of detainee is required
14 to 17 inclusive- both parent/guardian and detainee written consent (in the presence of their appropriate adult)
13 or younger- written consent of only parent/guardian
CONSENT OF APPROPRIATE IS NOT THE SAME AS PARENT OR GUARDIAN. THEIR CONSENT IS NOT REQUIRED, UNLESS THEY ARE THE APPROPRIATE ADULT AND THE PARENT OR GUARDIAN.
Q: Can consent be verbal?
No, written only!
Q: Who can carry out x-rays and ultrasounds and where can they take place?
S55A(4)
An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—
(a) a hospital,
(b) a registered medical practitioner’s surgery, or
(c) some other place used for medical purposes.
Q: What must be noted on the custody record?
S55(5)
The custody record of the person must also state—
(a) the authorisation by virtue of which the x-ray was taken or the ultrasound scan was carried out,
(b) the grounds for giving the authorisation, and
(c) the fact that the appropriate consent was given.
If refused, this must also be noted along with the reasons for the refusal. The fact that a warning has been given must also be noted and the consequences of the refusal.
Location of the procedure, who performed it, and persons present during the process and the result of the procedure should also all be recorded.
The information required to be recorded must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out.
