Code C- Custody Records Flashcards
Q: What does paragraph 2 of Code C state?
Paragraph 2 of Code C states:
When a person:
- is brought to a police station under arrest;
- is arrested at the police station having attended there voluntarily; or
- attends a police station to answer bail.
they must be brought before the custody officer as soon as practicable after their arrival at the station or if applicable, following their arrest after attending the police station voluntarily. This applies to both designated and non-designated police stations. 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.
Q: When does the custody officer have to open a custody record?
S37(4) PACE- Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.
Once a custody officer has determined that there are sufficient grounds to detain an arrested person, he must open a custody record and record the grounds for detention therein.
The particular recorded grounds will depend on the offence the person was arrested for, but there ought to be sufficient information given for anyone else subsequently reading the record to easily identify why the person was detained eg: reviewing officers, superintendents who need to give authorisations, custody officer taking over the shift.
Q: What does s37(5) add?
The written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.
Q: What clarity does s37(6) add to this?
Shall not apply where the person arrested is, at the time when the written record is made—
(a) incapable of understanding what is said to him;
(b) violent or likely to become violent; or
(c) in urgent need of medical attention.
Once the detainee becomes capable (eg: sobered up, calmed down or has received medical attention) then Code C says he shall be informed of the grounds of his detention as soon as practicable thereafter.
Q: When does the custody officer need to make a note of the comments made by detainees?
The custody officer should note any comment made by the detainee in respect of the decision to detain him.
The custody officer should also note on the custody record any comment the detainee makes in relation to the arresting officer’s account of the initial arrest.
Q: Can one single custody record be opened for more than one detainee, if arrested in connection with the same offence?
Paragraph 2 Code C goes on to give further general information.
Separate custody record must be opened as soon as practicable for each person brought to a police station under arrest or arrested at the station having gone there voluntarily or attending the police station in answer to street bail.
All info recorded under this Code must be recorded as soon as practicable in the custody record, unless otherwise specified.
Q: Are audios and video recordings to be added to the custody record?
Any audio or video recording made in the custody area is not part of the custody record.
Q: How should specific actions of officers be recorded in the custody record? Do you add the name of the officer or their warrant number?
If any action requires the authority of an officer of a specified rank, their name and rank must be noted in the custody record, unless the officer reasonably believes recording or disclosing their name might out them in danger, in which case they must use their warrant or other ID numbers and the name of their police station.
Q: Who is responsible for the accuracy of the custody record?
The custody officer is responsible for the accuracy of the custody record and for making sure that the record or a copy of it accompanies a detainee if they are transferred to another police station. if this happens, the record must show the time and reason for the transfer and the time a person is released from detention.
Q: What if the detainee’s solicitor or appropriate adult wants to read the custody record?
The detainee’s solicitor and appropriate adult must be permitted to inspect the whole of the detainee’s custody record as soon as practicable after their arrival at the station and at any other time on request whilst the person is detained.
Q: What if a detainee leaves police detention/is taken before a court and their legal rep or appropriate adult requests a copy of the custody record?
When a detainee leaves police detention or is taken before a court they, their legal rep or appropriate adult must be given, on request, a copy of the custody record as soon as practicable. This entitlement lasts for 12 months after release.
They must also be permitted to inspect the original custody record, provided they give reasonable notice of their request to do so. Any such inspection must be noted in the custody record. All entries in the record must be timed and signed by the maker. Records entered on the computer must be timed and contain the operator’s ID.
This ID is important because it is vital that person’s making decisions about someone’s detained are entitled to do so because of their rank, for example to ensure constables are not carrying out inspector reviews.
Q: What if a detainee refuses to sign the custody record?
Any refusal by the detainee to sign the record when asked in accordance with code, must be noted in the custody record.
