Code C- Initial Action Normal Procedure Flashcards
Q: What does Paragraph 3.1 of Code C tell us about the initial action, normal procedure?
When a person is brought to a police station under arrest or arrested at the station having gone there voluntarily, the custody officer must make sure the person is told clearly about:
(a) the following continuing rights, which may be exercised at any stage during the period in custody:
(i) their right to consult privately with a solicitor and that free independent legal advice is available
(ii) their right to have someone informed of their arrest
(iii) their right to consult the Codes of Practice
(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
(b) their right to be informed about the offence and (as the case may be) any further offences for which they are arrested whilst in custody and why they have been arrested and detained
Q: What does Paragraph 3.2 say about providing the detainee was written notice?
The detainee must also be given a written notice, which contains information:
(a) to allow them to exercise their rights by setting out:
(i) their rights
(ii) the arrangements for obtaining legal advice
(iii) their right to a copy of the custody record
(iv) their right to remain silent as set out in the caution
(v) their right to have access to materials and documents which are essential to effectively challenging the lawfulness of their arrest and detention for any offence
(vi) the maximum period for which they may be kept in police detention without being charged, when detention must be reviewed and when release is required
(vii) their right to medical assistance
(viii) their right, if they are prosecuted, to have access to the evidence in the case before their trial in accordance with the Criminal Procedure Rules
(b) briefly set out their other entitlements while in custody, by:
(i) mentioning
- the provisions relating to conduct of interviews
- the circumstances in which an appropriate adult should be available
(ii) listing entitlements
- reasonable standards of physical comfort
- adequate food and drink
- access to toilets and washing facilities, clothing, medical attention and exercise where practicable
- personal needs relating to health, hygiene and comfort concerned menstrual products etc…
Q: Does the detainee have to be given an opportunity to read the notice?
Paragraph 3.2A
The detainee must be given an opportunity to read the notice and shall be asked to sign the custody record to acknowledge receipt of the notice.
Any refusal to sign must be recorded on the custody record.
Q: Who carries out a risk assessment?
The custody officer/sgt will carry out a risk assessment to determine whether the detainee presents specific risks to staff and others that may come into contact with him such as legal representatives, appropriate adults and medical personnel.
This assessment must include taking reasonable steps to determine the detainee’s identity and obtain information about them that is relevant to their safe custody, security and welfare and risks to others.
This should always include PNC checks.
