Custody Officers Flashcards
Q: What are custody officers responsible for?
Primarily responsible for the reception and treatment of persons detained at the police station.
They are responsible for ensuring that detainees and their property are treated in accordance with the Codes of Practice and for maintaining a chronological and contemporaneous record of every aspect of a person’s treatment whilst in detention.
Q: Can records be correct after the event?
No! If a duty required by the law is carried out and not recorded, the failure to record as required by the Codes is sufficient to raise the issue of disciplinary proceedings.
It is crucial to keep an accurate and full record.
Q: What does s36(5) PACE contain?
The role of the custody officer is to act independently of those conducting the investigation, thereby ensuring the welfare and the rights of the detained person.
They may, however, be involved in identification processes or in the obtaining of breath, blood, or urine samples under the RTA.
Q: What about people who attend the police station voluntarily or assist with the investigation?
Persons who attend voluntarily to assist with an investigation should be treated with no less consideration.
Eg: they should be offered refreshments at appropriate intervals, and they enjoy an absolute right to legal advice or to communicate with anyone outside the police station.
Q: What does s36 PACE state?
Requires that one or more custody officers must be appointed for each designated police station by the Chief Constable for the area or his nominated deputy.
Vince v Chief Con Dorset- held that whilst a Chief Con was under a duty to appoint 1 custody officer for each designated police station, he had the discretion to appoint more than 1.
s36 does not so far as to require the appointment of a sufficient number of custody officers, to ensure there was always a full-time custody officer available 24/7 365 days was sufficient.
Summary: 1 full time custody officer for each designated police station is essential. Any additional full-time custody officers are a matter for the Chief officer’s discretion.
Q: What does s36(3) PACE state? What does s36(4) contribute to this?
s36(3) Custody officers must be of the rank of Sgt or above.
s36(4) allows another officer of any rank to perform the duties of a custody officer at a designated police station, if such an officer is not readily available to perform those duties.
Such an officer is not readily available if he is not actually at the police station and cannot without much difficulty be fetched there.
Q: Can police officers undertake the role of a custody officer? Are they bound by PACE and the Codes?
Where PACE and the Codes require that certain things are done by a custody officer, the requirement also applies to a police officer who is performing the role of custody officer.
Q: What does s36(7) state?
In cases where arrested persons are taken to a non-designated police station, s36(7) states that an officer of any rank not involved in the investigation should perform the role of custody officer.
If no such person is at the station, then the arresting officer or any other officer involved in the investigation should perform the role. If this is the case, an officer of at least the rank of Inspector at a designated police station must be informed and should consider the circumstances of the detained person taking an action deemed necessary.
Q: Does a custody need to ensure the arrest was lawful before the individual is held in lawful custody?
Where a person is arrested, a custody officer is not required to satisfy himself that the arrest is lawful before he can hold the arrested person is lawful custody. He is entitled to assume that it is.
The custody officer does not have to spend time investigating the background to the arrest to ensure that everything the arresting officer tells him is absolutely true and everything about the arrest was correct and lawful.
The custody officer is entitled to assume that the arrest was legitimate and PACE compliant.
Q: What if it later comes to light that the arrest was unlawful?
Any subsequent detention might be technically unlawful and give grounds for compensation, but no blame will be attached to the custody officer.
Q: What if there is a delay and the custody officer does not perform the functions specified in Code C?
Custody officers are required to perform the function specified in Code C as soon as is practicable, but they will not be in breach of the code in the event of a delay, provided that the delay is justifiable and that every reasonable step has been taken to prevent any unnecessary delay.
The fact that there has been a delay and the reason for it must be recorded in the custody record.
Q: What do justifiable delays include?
Justifiable delays might occur in the processing of suspects because a large number of suspects have been brought into the police station simultaneously or all the interview rooms are being used or where there are difficulties in contacting an appropriate adult, solicitor or interpreter.
Must ensure there are no unjustifiable delays. This will lead to legal action in terms of false imprisonment and unjustified detention. Evidence may be held inadmissible.
