Code C- Detained Persons, Special Groups Flashcards
Q: What rules are there containing special groups of detained persons who may require additional welfare support?
Paragraphs 2.12-2.20A Code C makes clear that additional rules, over and above those relating to other persons, are applicable of the case in the detention of certain special groups of vulnerable people.
These might be applicable because the detainee is a juvenile or is physically or mentally disabled or is disadvantaged in some way or is a foreign citizen and is entitled to certain additional protections.
Q: What are the rules if the detainee does not speak English, is hard of hearing or speech impaired?
Paragraph 3.12 and 3.12A
If the detainee appears deaf or there is doubt about their hearing or speaking ability or ability to understand English and the custody officer cannot establish effective communication, the custody officer must as soon as practicable call an interpreter for assistance with informing the detainee of their rights. The detainee must also be informed that they have a right to interpretation or translation assistance. If the detainee is a Citizen of a Commonwealth country or a foreign national, the custody officer must ensure that they are informed as soon as practicable of their rights of communication with their Embassy etc..
The right to have their Embassy etc informed CANNOT be delayed.
Q: What if the detainee is a juvenile?
If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the identity of a person responsible for their welfare. That person:
may be:
- the parent or guardian;
- if the juvenile is in local authority or voluntary organisation care, or is otherwise being looked after under the Children Act 1989, a person appointed by that authority or organisation to have responsibility for the juvenile’s welfare;
- any other person who has, for the time being, assumed responsibility for the juvenile’s welfare.
must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are detained. This right is in addition to the juvenile’s right not to be held incommunicado or to have someone informed under s56 PACE, which is a right enjoyed by all detainees.
Q: What if the juvenile is known to subject to a court order?
Paragraph 3.14
If a juvenile is known to be subject to a court order under which a person or organisation is given any degree of statutory responsibility to supervise or otherwise monitor them, reasonable steps must also be taken to notify that person or organisation (the ‘responsible officer’). The responsible officer will normally be a member of a Youth Offending Team, except for a curfew order which involves electronic monitoring when the contractor providing the monitoring will normally be the responsible officer.
Q: When must an appropriate adult be called if the detainee is a juvenile or a vulnerable person?
Paragraph 3.15
If the detainee is a juvenile or 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 and
- the detainee is advised of the duties of the appropriate adult and that they can consult privately with them at any time
- the appropriate adult is informed of the grounds for their detention and their whereabouts
- the attendance of the appropriate adult at the police station to see the detainee is secured
Q: What if a person has been detained under s135 or s136 Mental Health Act 1983?
Paragraph 3.16
It is imperative that a person detained under the Mental Health Act 1983, section 135 or 136, be assessed as soon as possible within the permitted period of detention specified in that Act.
Q: Where can be used as a place of safety? Where can the MH assessment take place?
A police station may only be used as a place of safety in accordance with the Regulations 2017.
If that assessment is to take place at a 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 has no role in the assessment process and therefore there is no need to call them in these circumstances.
Q: Who must carry out regular welfare checks and how often?
The custody officer is responsible for ensuring regular welfare checks are carried out by a heath care professional at least every 30 minutes while the person is in detention.
Q: What happens when the MH assessment has been completed?
Paragraph 3.16
Once the detainee has been assessed and suitable arrangements made for their treatment or care, they can no longer be detained under section 135 or 136. OR
A detainee must be immediately discharged from detention if a registered medical practitioner, having examined them, concludes they are not mentally disordered within the meaning of the Act.
Q: What if the detainee is blind, visually impaired, or unable to read?
Paragraph 3.20
The custody officer should make sure their solicitor, relative, appropriate adult or some other person likely to take an interest in them and not involved in the investigation is available to help check any documentation.
When the Code requires written consent or signing the person assisting may be asked to sign instead, if the detainee prefers.
Q: Who should a girl under the age of 18 be under the care of?
Children and Young Persons Act 1933, s31
Paragraph 3.20A Code C
Requires that arrangements must be made for ensuring that a girl under 18, while detained in a police station, is under the care of a woman. The custody officer must ensure that the women whose care the girl is, makes the enquiries and provides the info concerning personal needs relating to their health, hygiene and welfare and menstrual products.
Q: What further arrangements must be made for a person under 18 whilst being detained in a police station?
The section also requires that arrangements must be made for preventing any person under 18, while being detained in a police station, from associating with an adult charged with any offence, unless that adult is a relative or the adult is jointly charged with the same offence as the person under 18.
