Code C Summary

Question 1

Pre Custody

Answer 1

Person should be taken to police station ASAP after arrest. Designated police station if detention likely
>6 hours.

• Custody record opened ASAP after arriving at custody including voluntary attendance.
• CCTV can’t be turned off and if present prominent notices shown.
• A person detained under mental health act can be taken to police station if quickest way to do assessment.

Question 2

Delayed Rights (Can it be delayed? By
who?)

1. Legal Advice
2. Informing someone
3. Consult Code of Practice
4. Told reason for arrest
5. Food, drink, sleep etc.

Answer 2

1. Yes, Superintendent (Max 36 hours)
2. Yes, Inspector (Max 36 hours)
3. No
4. No
5. No

Question 3

Circumstances for extra arrangements

1. Interpreter
2. Contact Embassy
3. Person responsible welfare informed of details of arrest
4. Appropriate Adult

Answer 3

1. Can’t speak\understand English (A person needs to understand what is going on)
2. Citizen of another country
3. Juvenile
4. Vulnerable adult or child under 18

Question 4

Who can be appropriate adult?

Answer 4

Juvenile: Parent/ guardian, person representing the care they’re in, social worker, responsible adult over 18.

Vulnerable person: Parents or relative, Someone responsible for care, responsible adult over 18

Can’t be appropriate adult: Involved in offence (witness, suspect, victim), Involved in investigation, Prior admission of
guilt in relation to arrested offence, Person not deemed responsible, Police officer or staff.

Question 5

Giving Cautions

Answer 5

Once there are grounds to suspect someone of an offence they should be cautioned and all questioning stopped until
interview.

If juvenile or vulnerable person cautioned without AA present caution should be given again when AA is present.

If there is a break in interviewing the person should be reminded when they return they are under caution and have caution repeated if necessary.

Question 6

Caution does not need to be given to:

Answer 6

• Seek verification of written statement.
• Confirm identity.
• Furtherance of a proper and effective search

Question 7

Breaks during interviewing

Answer 7

Breaks during interviewing should be given at meal times and short breaks every 2 hours unless this would cause harm
to others, prejudice interview or delay release.

In a period of 24 hours 8 hours must be given uninterrupted without questioning or interruption unless delay would
cause:
• risk of harm to themselves or others, serious damage to property, unnecessary delay of release from
custody, prejudice outcome of investigation.
• Or if they or AA request it or to comply with legal obligation / medical needs.

Question 8

Appropriate Adult Facts

Answer 8

• Detainee can consult solicitor without AA present.
• An AA has no role in an assessment (e.g. mental health assessment).
• Detainee may consult privately with AA at any time including during, prior or after interview.
• Decisions on whether to have a solicitor rests with AA.

Question 9

Removal of solicitor

Answer 9

A solicitor can be removed from an interview if obstructive on the authority of superintendent or above or, if unavailable, inspector unrelated to case.

Interviewee should be given an opportunity to get another before the interview continues.

Question 10

Special Warning

Answer 10

Person has in or on his clothing or in his possession or in a place he was at the time of arrest any object mark or substance and interviewer believes the reason they’re there is they were involved in offence.

A special warning should be given if an interviewee refuses to answer a question about the above. The special warning
allows a court to draw inferences from their refusal.