Detention and Treatment of Persons Flashcards

1
Q

CONSENT PROVISIONS UNDER THE PACE 1984 CODES OF PRACTICE

A

There are numerous powers within the PACE 1984 Codes Of Practice that require the consent to be provided before they can be utilised.

Please note that the revised Codes of Practice has altered the age of a juvenile to under 18 - i.e. an adult is now aged 18 or over.

Adults aged 18 or over - the suspect

Turned 14 but still under 18 - both the suspect and their parent or guardian

Under 14 - parent or guardian only

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2
Q

Designated
Support Staff
Sections 38 & 39
Police Reform Act 2002

A

Roles?
Investigating Officer
Detention Officer
Escort Officer

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3
Q

Criteria For Designation?

The Chief Officer of Police must be satisfied:

A
  1. suitable person to carry out the designated role in question
  2. capable of carrying out the designated role in question.
  3. received adequate training to perform the designated role in question.
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4
Q

Powers?

A

Only those roles as
specified in their
designation.

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5
Q

Can Force Be Used?

A

Yes

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6
Q

ROLES THAT MAY BE PERFORMED BY DESIGNATED STAFF

A
  • Investigating officer;
  • Detention officer; and
  • Escort officer.

LEARNING POINT

The member of staff will not necessarily have been designated the full range of powers – and they will only be designated to perform those roles as specified in their designated role.

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7
Q

INVESTIGATING OFFICER

A

POWERS

A designated investigating officer will have the power to:

  • Supervise the seizure / photographing of relevant material;
  • Have responsibility transferred from the Custody Officer for the detainee whilst in custody for interview etc.; and
  • To caution and interview detainees.
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8
Q

DETENTION OFFICER

A

POWERS

A designated detention officer will have the power to exercise:

  • Search of person powers;
  • Seizure powers;
  • Fingerprint powers;
  • Sample powers; and
  • Photograph powers.
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9
Q

ESCORT OFFICER

A

POWERS

A designated escort officer will have the power to:

  • Take persons to a police station ASAP following arrest;
  • Escort detainees between police stations;
  • Exercise non intimate search powers; and
  • Exercise seizure powers.
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10
Q

Designation
Of Police
Stations
Section 35 PACE 1984

A

Definition?
Station designated
by the Chief Officer of
Police within a force.

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11
Q

How Many Police Stations
Should Be Designated?

A

Sufficient
police stations to deal
with prisoners.

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12
Q

Duration?

A

Permanently
Specified period
Part of a day

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13
Q

Which Type Of Station Do You Take A Person Arrested To?

A

Designated
6+ hours

Non Designated
-6 hours

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14
Q

role of Custody Officers

A

Role?
Act independently.
Ensure the protection of the
detainee’s:
*Welfare; and
*Rights.

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15
Q

Prohibited?

A

Ask the detainee any questions
in relation to their suspected
involvement in the offence.
Make any comments that cast
doubt on their impartiality.
Make any value judgments.

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16
Q

Custody Officer In A
Designated Police
Station
Section PACE 1984

A

How Many?

The Chief Constable for each force:

Must

Appoint 1 Custody
Officer for each
designated police station.

May

Appoint further
Custody Officers for
each designated police
station.

…and there is no requirement
that there be sufficient
appointed Custody
Officers to ensure that the
functions of Custody Officer
are always performed by
an appointed individual.

Vince v Chief Constable of
Dorset

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17
Q

Who?

A

The one (1) or more
appointed Custody Officers:

Must be at least
the rank of
Sergeant

…and must not be
involved in the
investigation.

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18
Q

Sergeant Not Available?

A

If a Sergeant is not readily
available:

An officer of
any rank…

…who is not
involved in the
investigation.

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19
Q

Custody Officer In
A Non-Designated
Police Station
Section 36(7) PACE 1984

A

Who?
The role of Custody Officer may be
performed by:
An officer of Any ….who is not be
rank…
involved in the
investigation.

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20
Q

Last Resort?

A

If there are no officers who are unconnected
to the investigation available:

The arresting officer

Any other officer
involved in the investigation

Any officer who granted
suspect street
bail

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21
Q

Action?

A

Must inform an
Inspector or
above
at a Designated
Police Station

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22
Q

Definition Of A Detainee?

A

Factor 1
They have either been:
- Taken to a police station
under arrest; or
- Arrested at a police
station after having initially
attended the station
voluntarily.

Factor 2
…and they are
detained
there under
the charge
of a
constable.

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23
Q

Dealing With Detainees?

A

Factor 1
Be dealt with expeditiously

Factor 2
Be released as soon as the need for detention no longer applies

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24
Q

Bringing The Suspect Before The
Custody Officer?

A

When a person is bought to a police
station.
*Under arrest;
*Voluntarily but is subsequently
arrested; or
*To answer bail;
..they shall be brought before the Custody
Officer ASAP.

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25
Timing Of Duties?
General Rule Exception ASAP Exception * The delay is justifiable; and * Reasonable steps are taken to prevent unnecessary delay.
26
Open Custody Record?
A separate custody record must be opened ASAP by the Custody Officer for each person brought before them.
27
Timing Of Entries?
ASAP unless otherwise stated.
28
General Rule
Enter the authorising officers: *Name; and *Rank. *Timed; and either: *Signed by the maker — paper custody records; *Operator's identification — electronic records.
29
Exception
It is not necessary to enter the name and rank Warrant or other identification Name of the police station number Reasonably believe - place them in danger.
30
Informing The Custody Officer?
Option 1 The arresting officer if they are present Option 2 If the arresting officer is not pesent: The arresting officer remotely; orA 3rd party on the arresting officer's behalf ...must inform the Custody Officer of both: The nature of the offence. The grounds the arrest.
31
Facts To Be Recorded
Fact 1 The offence. Fact 2 The reasons for their arrest. Fact 3 Any comments made by the detainee in respect of the arresting officer's account. x Invite comment x Pose questions
32
Authorising Detention?
*Sufficient evidence to charge *Insufficient evidence to charge.
33
Sufficient Evidence To Charge?
Full Code Test Criteria 1 Sufficient evidence to provide a realistic prospect of a conviction. Criteria 2 Public interest to prosecute. Option I *Release without charge and on bail; or *Kept in police detention ...to enable the DPP to make a charging decision. Option 2 Release either: *Without charge on bail but not for that purpose; *Without charge and without bail. Option 3 Charge
34
Insufficient Evidence To Charge?
The Custody Officer has reasonable grounds to believe that detention without charge is necessary to either: Necessity 1 Secure or preserve evidence Necessity 2 Obtain such evidence by questioning
35
3 Post Authorisation Steps?
Step 1 Inform the detainee of the grounds for authorising their detention: *ASAP; and *Before they are questioned about an offence. step 2 Make a written record of the grounds for detention in the custody record in the presence of the detainee unless at the time the record is made the detainee is either: *Violent or likely to become violent; or *Incapable of understanding what was said; *In urgent need of medical attention. Step 3 Record any comments made by the detainee in respect of the decision to detain them.
36
Informing Detainees Of Their Rights?
The Custody Officer must inform arrested suspects of the following continuing rights: Right 1 The right to have someone informed of their arrest. Right 2 The right to consult privately with a solicitor. Right 3 The right to consult the Codes of Practice.
37
Limitations On Consulting The Codes?
The right to consult the Codes of Practice must not delay unreasonably any: Investigative action Administrative action
38
Written Notice?
The Custody Officer must give the detainee a written notice setting out: The aforementioned rights arrangements for obtaining legal advice The right to a copy of the custody record record The caution A list of their entitlements whilst in custody The detainee will be asked to sign the custody record to acknowledge receipt of the notices. Any refusal to sign must be recorded.
39
Determining Whether The Detainee Wishes To Exercise Their Rights?
The Custody Officer must ask the detainee whether they: Want legal advice? Want somebody informed of their detention? ..and the detainee will be requested to sign the custody record to confirm their decision - any refusal to sign must be recorded.
40
Risk Assessment?
The Custody Officer must determine whether the detainee is either: *In need of medical treatment or attention; *Presents risks to either themselves or another. Requires: An appropriate adult; Help checking documentation; An interpreter.
41
Implementing The Response To The Risk Assessment?
The Custody Officer is responsible for implementing the response to the risk assessment which may include: Reducing opportunities for self harm Calling a health care professional Increased monitoring
42
ACCESSING THE CUSTODY RECORD
DURING DETENTION - CODE C PARAGRAPH 2.4 Either a solicitor or appropriate adult must be permitted to inspect the detainee’s custody record either: * As soon as practicable after their arrival in the police station; or * At any other time thereafter during the suspect’s detention FOLLOWING DETENTION - CODE C PARAGRAPH 2.4A Either the detainee, their solicitor or appropriate adult must be given upon request a copy of the custody record for up to 12 months after the detainee’s release from custody.
43
Can More Than 1 Detainee Be Placed In A Cell?
So far as practicable not more than 1 detainee should be detained in each cell. Can never place a juvenile in a cell with an adult.
44
Can A Juvenile Be Placed In A Cell?
General Rule Cannot Exception *There is no secure accommodation available; and *The Custody Officer considers either >It is not practicable to supervise the juvenile if they are not in a cell; or * A cell provides more comfortable accommodation than other secure accommodation in the station.
45
Condition Of Cells?
Cells must be adequately: Heated Cleaned Lit and dimmed to allow overnight sleep Ventilated
46
Condition Of Bedding?
Any of the following supplied must be of a clean and sanitary condition: Blankets Pillows Mattress Bedding
47
Toilet And Washing Facilities?
The detainee must be afforded access to both: The toilet Washing facilities
48
Replacement Clothing?
A detainee whoose clothing has been removed for reasons of either: Hygiene Health Investigation Cleaning ...must be provided with replacement of clothing of a reasonable standard of both: Comfort Cleanliness ... and they may not be interviewed unless adequate clothing has been offered.
49
Meals And Drinks?
Meals In any 24 hour period the detainee should be offered at least: >2 light meals; and >1 main meal. Drinks Drinks should be provided: >At meal times; and >Upon reasonable request between meals.
50
Exercise?
The detainee will be offered daily brief outdoor exercise if it is practicable.
51
Restraining Detainees In Cells?
Approved restraints can only be used in a locked cell where their use in the circumstances is both: Absolutely necessary Reasonable ... having regard to both: The detainee's demeanour The need to ensure the safety of either: > The detainee; and >Another
52
Checking On Detainees?
Depends on condition General Rule Hourly If no foreseeable risk was identified during the risk assessment — there is no need to wake the detainee during the visit. Exception Half hour *Suspected of being intoxicated — under the influence of drink or drugs; *Suspected of having swallowed drugs; or *Whose level of consciousness causes concern. *Must subject to any clinical direction by an appropriate health care professional: *Be visited and roused at least every half hour; *Have their condition assessed; and *Shall if appropriate have any clinical treatment arranged.
53
CHECKING DETAINEES
Frequency of checks and whether it is necessary to rouse detainees during the course of such checks. FREQUENCY OF CHECKS OF JUVENILES AND MENTALLY VULNERABLE INDIVIDUALS Note 9B states that wherever possible juveniles and mentally vulnerable detainees should be visited more frequently than the basic hourly requirement. ADDITIONAL LEARNING POINTS IN RELATION TO THOSE WHO APPEAR TO BE INTOXICATED Note 9C states that a detainee who appears drunk or behaves abnormally may be suffering from either: * Illness; * The effects of drugs; or * May have sustained an injury (particularly a head injury). WITHDRAWAL SYMPTOMS Note 9C also states that a detainee needing or dependent on certain drugs, including alcohol, may experience harmful effects within a short period of being deprived of their supply. In such circumstances, when there is any doubt, the police should always act urgently to call an appropriate healthcare professional, or an ambulance. Note 9CA states that this provision also applies to persons in police custody by order of a Magistrates Court under section 152 CJA 1988 to facilitate the recovery of evidence after being charged with drug possession or drug trafficking and suspected having swallowed drugs.
54
Mandatory Obligations To Arrange Clinical Attention For Detainees Action Initiated By The Custody Officer Code C Paragraph 9.5 — 9.8 When Must The Custody Officer Arrange For Clinical Attention?
The Custody Officer must ensure that a detainee receives appropriate clinical attention as soon as practicable if any of 3 situations arise. Situation 1 The detainee appears to be either: * Physically ill; * Injured; * Mentally disordered; or * In need of clinical attention Situation 2 When the detainee either: * Has in their possession; or * Claims to need; ..medication relating to: * A heart condition; * Diabetes; * Epilepsy; or * A condition of comparable seriousness. Situation 3 If a detainee requests. The obligations continue to apply even where either: * The detainee does not request clinical attention; or * They have already received clinical attention elsewhere.
55
Action To Be Taken If The Need For Attention Is Urgent?
The Custody Officer must immediately call either: *The nearest available health care professional; or *An ambulance.
56
Requests For Clinical Attention Made By The Detainee Code C Paragraph 9.8 Who Must Be Contacted?
If the detainee requests a clinical examination, an appropriate healthcare professional must be called ASAP to assess the detainee's clinical needs
57
Can The Detainee Request A Specific Doctor?
Yes The detainee may also be examined by a medical practitioner of their choice at their own expense.
58
The Custody Officer's Obligation To Disclose Information To Any Appropriate Health Care Professional Called Code C Paragraph 9.4 What Information Must Be Disclosed?
The Custody Officer must ensure that all relevant information that might assist in the treatment of the detainee's condition is made available to the health care professional.
59
Who Must Ensure That The Custody Officer Is Made Aware Of All Relevant Information?
Any officer or police staff with relevant information must inform the Custody Officer ASAP.
60
What If The Custody Officer Is Not Asked For The Information By The Health Care Professional?
The Custody Officer must still provide the information to the health care professional even when they have not asked for any information.
61
Seeking The Opinion Of An Appropriate Health Care Professional Called Code C Paragraph 9.13 On What Matters Must The Custody Officer Ask The Healthcare Professionals Opinion?
* Any risks to be considered when exercising decisions to continue detention. *When to carry out interviews; and * The need for safeguards.
62
Recording Obligations
The consultation and the outcome must be recorded in the custody record.
63
Taking Medication In Custody That Was Prescribed Prior To Detention Code C Paragraph 9.9 The Obligation To Consult
The Custody Officer must consult an appropriate healthcare professional before the use of the medication.
64
Safekeeping Of The Medication
The Custody Officer is responsible for both: *The safekeeping of the medication; and * Making sure the detainee is given the opportunity to take or apply the medication.
65
Administration Of Controlled Drugs To Suspects Code C Paragraph 9.10 Medication Specified In Schedules 2 & 3 Misuse of Drugs Regulations 2001
Prohibited Actions? No police officer may either: * Administer; or * Supervise self-administration. Permitted Actions? The medication may only be administered or self-administered under the direct supervision of either: *A registered medical practitioner authorising their use; or * Other appropriate healthcare professional.
66
Medication Specified In Schedules 4 & 5 Misuse of Drugs Regulations 2001
Prohibited Actions? No police officer may administer. Permitted Actions? The Custody Officer may either: * Supervise the self-administration themselves; or * Authorise other custody staff to supervise the self- administration ...if 2 steps are both satisfied. Step 1 They have consulted the appropriate healthcare professional authorising their use. Step 2 Both parties are satisfied that taking the drugs will not expose any individual to a risk of harm or injury.
67
Complaints & Improper Treatment Code C Paragraph 9.2 Actions That Will Trigger The Need For A Report To Be Made 2 actions
Action 1 A complaint is made either: * By a detainee; or * On behalf of a detainee. Action 2 It comes to notice that a detainee may have been treated improperly.
68
Who Must A Report Be Made To?
A report must be made ASAP to an Inspector or above who is not connected to the investigation.
69
Additional Action To Be Taken In Relation To Allegations Of Violence
An appropriate health care professional must be called ASAP if the matter concerns a possible: * Assault; * Use of unnecessary force; or * Use of unreasonable force.
70
Recording Obligations
A record shall be made in the custody record of: * The complaint; * The arrangements for examination by an appropriate health care professional; and * The comments of the Custody Officer.
71
The Role Of The Custody Officer Code C Paragraph 4.1
Role 1 Ascertain what property a person: * Has on them when they arrive in police custody; or * They might have acquired whilst in police custody for an unlawful or harmful purpose. Role 2 The safekeeping of any property taken from the detainee.
72
Categories Of Searches
3 Categories Of Searches * Ordinary search * Strip search * Intimate search
73
Ordinary search
Definition An ordinary search involves any search that is not either an: * Strip search; or * Intimate search.
74
Extent Of An Ordinary Search?
The search will only be permitted to the extent that it is necessary to permit either: * The removal of outer clothing (coats; hats; jumpers; shoes; socks). * The emptying of pockets. * The removal of jewellery.
75
When Is It Necessary To Conduct An Ordinary Search? 3 situations
Situation 1 When the Custody Officer will have continuing duties in relation to the detainee. Situation 2 The alleged offence makes a search appropriate. Situation 3 The detainee's behaviour makes a search appropriate.
76
Memory Aid
*Continuing duties *Offence *Behaviour
77
When Is It Unnecessary To Conduct An Ordinary Search?
When the suspect will either: * Not be placed in a cell; * Only be detained for a short period. If so - the Custody Officer must endorse the custody record - "not searched".
78
Conducting An Ordinary Search Section 54 (8) & (9) PACE 1984 & Code C Paragraph 4.1 Who Authorises An Ordinary Search?
The Custody Officer must both: * Authorise the search; and * Specify the extent of the search authorised.
79
Who Will Conduct The Ordinary Search?
The search shall be conducted by either: * A constable or designated detention officer upon the authority of the Custody Officer; or * The Custody Officer themselves who is the same sex as the person searched.
80
Need The Search Be Conducted In Private?
No
81
Can Force Be Used If The Detainee Resists An Ordinary Search?
Yes Reasonable force may be used where necessary.
82
Can An Ordinary Search Of A Juvenile Take Place In The Absence Of An Appropriate Adult?
Yes An ordinary search can always take place prior to the arrival of an appropriate adult.
83
Retaining Clothing Or Personal Effects Following An Ordinary Search Code C Paragraph 4.2 What Can Be Removed?
The Custody Officer may remove any clothing or personal effects if they either: * Are evidence in relation to an offence. * May be used by the detainee to: * Cause injury to themselves or others; * Damage property; * Interfere with evidence; * Effect an escape.
84
Memory Aid
P - Property I - Injury & Interfere E - Evidence & Escape
85
Action To Be Taken After Clothing Or Personal Effects Are Removed?
* The Custody Officer must explain their reasons for doing so to the detainee. * Replacement clothing of a reasonable standard Of comfort and cleanliness must be provided.
86
Recording Obligations Following An Ordinary Search Sections 54 (2) & (2A) PACE 1984 Extent Of The Recording Obligation?
* The Custody Officer is no longer obliged to record the items removed following a search. * This is now a discretionary power.
87
Strip Searches Code C Annex A Definition Of A Strip Search?
A search involving the removal of more than outer clothing.
88
When Will A Strip Search Be Appropriate?
When it is necessary because the Custody Officer reasonably considers that: * The detained person might have concealed an article that they would not be permitted to keep; and * That if such items were found it would be necessary to remove them.
89
What Articles Will They Not Be Permitted To Keep?
Items that are evidence in relation to an offence. Items that the detainee may use to either: * Cause injury to themselves or others; * Damage property; * Interfere with evidence; * Assist their escape.
90
Memory Aid
Property Injury & Interfere Evidence & Escape
91
Conducting A Strip Search Code C Annex A Paragraph 11 Who Will Authorise The Strip Search?
The Custody Officer must both: * Authorise the search. * Specify the extent of the search authorised - i.e. what parts of the body may be searched.
92
Who Will Conduct The strip Search?
Either: * A constable or designated detention officer upon the authority of the Custody Officer; or * The Custody Officer themselves .who is the same sex as the person searched.
93
Where Will The Strip Search Be Conducted?
The search must not take place in an area where the search can be seen by any person who does not need to be present.
94
Can Persons Of The Opposite Sex Be Present When The Strip Search Is Conducted?
General Rule No Exception An appropriate adult of the opposite sex specifically requested by the detainee. NB — Never an officer of the opposite sex — even in urgency!
95
Minimising Embarrassment
* The detainee shall not normally be required to remove all of their clothing at the same time. * The detainee must be allowed to re-dress ASAP following the search.
96
Requests Of The Detainee During The Strip Search?
The detainee can be required to either: * Hold their hands in the air; * Open their legs; * Bend over.
97
Is Physical Contact With Body Orifices Other Than The Mouth Permitted During A Strip Search?
No Physical contact with such orifices would constitute an intimate search.
98
What Action Should Be Taken If Articles Are Found?
A request must be made to the detainee to remove and hand over any items found.
99
Additional Procedural Safeguards During Strip Searches Where Genitals Are Exposed Code C Annex A Paragraph 11(c)
General Rule There must be at least 2 persons present in addition to the detainee. Juveniles The second person present must be the appropriate adult - unless both: * The juvenile signifies in the presence of an appropriate adult that they do not wish for them to be present; and * The adult agrees. Exception There is no need for at least 2 persons to be present in addition to the detainee in cases of emergency when there is a risk of serious harm to either: * The detainee; or * Others.
100
Can Force Be Used If The Detainee Resists Being Strip Searched?
Yes Reasonable force may be used.
101
Recording Obligations Following A Strip Search Code C Annex A Paragraph 12 Note In The Custody Record
* The fact a strip search took place. * Those present. * Why a strip search was necessary. * The result of the search.
102
Intimate search
Definition Of An Intimate Search A search which consists of the physical examination of any orifice other than the mouth.
103
Who Authorises An Intimate Search?
Inspector or above
104
Mental Element Of The Authorising Officer? 2 beliefs
Belief 1 The detainee may have concealed on themselves either: * An injury item; or * A Class A drug. Definition Of An Injury Item? Anything that they could or might use to cause physical injury to either: * Themselves; or * Others at the station. Class A Drugs A Class A drug which they intended to either: * Supply to another; or * Export. Belief 2 An intimate search is the only means of removing the item. Additional Requirement For Class A Drugs Only? The detainee has provided their consent in writing. NB - No consent is required in relation to intimate searches for items that may cause physical injury.
105
Information To Be Provided To The Detainee Prior To Asking Them To Consent To An Intimate Search Paragraph 2A & 2B Code C Annex A
Fact 1 That authorisation has been given. Fact 2 The grounds for the authorisation.
106
Information To Be Provided To The Detainee Prior To Asking Them To Consent To An Intimate Search Paragraph 2A & 2B Code C Annex A
Fact 1 That authorisation has been given. Fact 2 The grounds for the authorisation. Fact 3 Reminder of their right to free legal advice (if they are not already legally represented). Fact 4 - Only Applies To Drugs Searches Warned that if they refuse to consent without good cause their refusal may harm their case when it comes to trial — i.e. adverse inferences.
107
Opportunity To Hand The Item Over
When? Before authorising the search. Who? The Inspector. What? Must make every reasonable effort to persuade the detainee to hand over the item voluntarily without a search.
108
Action To Be Taken Where The Detainee Agrees To Remove The Item Voluntarily
* A Registered Medical Practitioner; or * A Registered Nurse ..should both: * Assess any risks; and * Assist in the removal of the item where necessary.
109
Action To Be Taken Where The Detainee Declines To Remove The Item Voluntarily Code C Annex A Paragraph 2A & 2B
Items That May Cause Physical Injury Can proceed with the intimate search using reasonable force where necessary provided an officer of the rank of Inspector or above authorises. Class A Drugs Consent is required to remove a Class A drug No force can be used in the event of a refusal. Adverse inferences will be drawn at trial.
110
The Conduct And Location Of The Search Code C Annex A Paragraphs 3-4
Class A Drugs — Location? * Hospital; * Surgery; * Other medical premises. Never at a Police Station. Class A Drugs — Who Can Conduct? * Registered Medical Practitioner; or * Registered Nurse. Never by a Police Officer. Item That May Cause Physical Injury - Location * Hospital; * Surgery; * Other medical premises; or * Police station Item That May Cause Physical Injury - Who Can Conduct — General Rule? * Registered Medical Practitioner; or * Registered Nurse. Exception * Where an Inspector or above considers that it is not practicable for the search to be conducted by a: * Registered Medical Practitioner; or * Registered Nurse; because the risk of allowing the detainee to remain with the item outweighs the risk of removing the item; the search can be conducted by a Police Officer of the same sex as the detainee in a Police Station. How Many Persons Must Be Present During The Conduct Of An Intimate Search? * A minimum of 2 people other than the detainee must be present. * They must be the same sex as the detainee( less they are a registered medical practitioner or nurse). Exception There is no need for at least 2 persons to be present in addition to the detainee in cases of emergency when there is a risk of serious harm to either. * The detainee; or * Others. Juveniles General Rule The intimate search must take place in the presence of an appropriate adult of the same sex. Exception The detainee specifically requests an appropriate adult of the opposite sex to act who is readily available.
111
Can An Intimate Search Of A Juvenile Be Conducted In The Absence Of An Appropriate Adult?
Yes * The detainee signifies in the presence of an appropriate adult that they do not wish for them to be present; and * The appropriate adult agrees.
112
Recording Obligations By The Custody Officer In The Custody Record Following An Intimate Search Code C Annex A Paragraphs 7 & 8
Fact 1 The fact an intimate search took place. Fact 2 The parts of the detainee's body searched. Fact 4 Why an intimate search was necessary and Why the item could not otherwise be removed. Fact 5 The result of the search. Fact 6 If the search was conducted by a police officer the reasons why it was impracticable for a registered medical practitioner or registered nurse to conduct the search. Fact 7 - Class A Drug Searches Only * A record of the warning re adverse inferences in the light of a refusal; and * Whether the detainee either: * Consented in writing; or * If refused — the reasons for the refusal.
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Seizure of Items Following A Search Section 54(4) & (6A) PACE What Can Be Seized?
Property Injury & Interfere Evidence & Escape
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Are The Rights Continuous?
General Rule Yes Exception Incommunicado Delays Code C Annex B
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Who Can Be Contacted?
Any person arrested and held at a police station or other premises may on request to have a person either. Known to them Likely to take an interest in their welfare ...informed of their whereabouts as soon as practicable at the public expense.
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Cannot Be Contacted?
Step 1 Automatic right to choose up to 2 alternatives Step 2 If they also cannot be contacted either: > the person in charge of detention; or > the officer in charge of the investigation ... retain the discretion to allow further attempts until contact is made
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Moved?
Non Terrorism Offences Right refreshes at new station —up to suspect whether to exercise. Terrorism Offences If transferred to a prison — persons previously informed of their whereabouts must be further informed of their departure
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Privacy?
The detainee must be informed by the Custody Officer before writing or calling that both: Fact 1 The communication can be read or listened to. Fact 2 The contents of the communication may be given in evidence.
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Enquiries About The Detainees Whereabouts?
Friend Relative Person with an interest in the detainee's welfare ..makes enquires about the detainees whereabouts — their whereabouts shall on be disclosed provided both: Criteria 1 Detainee agrees. Criteria 2 Incommunicado provisions of Code C Annex B do not apply. If the detainee agrees... ..they may receive at the Custody Officer's discretion ...visits from friends, family, or others likely to take an interest in their welfare, or in whose welfare the detainee has an interest. Visits should be allowed when possible, subject to both: Criteria 1 Having sufficient personnel to supervise the visit. Criteria 2 Any possible hindrance caused to the investigation that the visit may cause.
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Informing The Suspect?
Detainees must be informed by the Custody officer that they may at any time consult and communicate privately with a solicitor Option 1 In person Option 2 In writing Option 3 By telephone ....unless the incommunicado provisions of Code C Annex B apply
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Prohibited Action?
Officers should never do or say anything with the intention of dissuading the suspect from obtaining legal advice. Once a detainee has requested legal advice: General Rule They must not interview I continue interview prior to the solicitor's arrival. Exception Can interview before solicitor arrives if urgent situation.
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Evidentiary Specimens?
Can request an evidentiary specimen in drink drive cases prior to the arrival of a solicitor requested. Any refusal - failure to provide. Campbell v DPP No need to wait for a solicitor to arrive before obtaining: Non intimate samples Fingerprints Footwear impressions Searches
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Legal Advice Declined?
The Custody Officer must: Step 1 Point out that the right includes speaking to a solicitor on the telephone Step 2 If the detainee continues to decline legal advice the custody officer must record the reasons for refusal in the custody record The detainee is not obliged to give their reasons Step 3 Remind the detainee of their right prior to any subsequent significant event
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Solicitor Sent By A 3rd Party?
Action 1 Inform the detainee of the solicitor's presence unless incommunicado delay Action 2 Ask detainee if they wish to consult with the solicitor Action 3 ...and the solicitor's attendance and the detainee's decision must be noted in the custody record.
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Privacy — Non Terrorism?
General Must be in private Exception Telephone communication must be in private unless it is . impractical to do so because of either: >The design and layout of the custody area; or >The location of the telephones.
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Privacy — Terrorism Suspects?
In the sight and hearing of a uniformed Inspector or above who is unconnected to the investigation.
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THE RIGHT TO HAVE A PERSON INFORMED OF THE DETAINEE'S WHEREABOUTS - ADDITIONAL INFORMATION
TIMING OF NOTIFICATION Any person arrested and held at a police station or other premises may on request have a person either known to them or likely to take an interest in their welfare informed of their whereabouts as soon as practicable at the public’s expense. When a detainee requests to have a person informed of their whereabouts and that person lives at an address that you wish to conduct a search of – it is permissible to inform the person nominated of the detainees whereabouts upon arrival at the premises when you conduct the search, provided the search will be conducted relatively quickly. Such action will avoid resorting to obtaining the authorisation of an officer of the rank of Inspector or above to delay the right (see incommunicado delays later).
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THE RIGHT TO A TELEPHONE CALL - ADDITIONAL INFORMATION
CAN THE CALL EVER BE TERMINATED IF IT IS BEING ABUSED? Yes - it can.
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THE RIGHT TO LEGAL ADVICE - ADDITIONAL INFORMATION
RAISING AWARENESS OF THE RIGHT The need for the Custody Officer to make the detainee aware of their right to legal advice. Also, a poster advertising the right to legal advice must be displayed with translations in the charging area of the custody suite. We also discussed that officers should never do or say anything with the intention of dissuading the suspect from obtaining legal advice. Further no police officer or police staff shall indicate to any suspect, except to answer a direct question, that the period for which they are likely to be detained, or if they are not detained, the time taken to complete the interview – might be reduced if either: * They do not ask for legal advice or they do not want a solicitor present when they are interviewed; or * They have asked for legal advice or have asked for a solicitor to be present when they are interviewed but change their mind and agree to be interviewed without waiting for a solicitor.
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ESTABLISHING CONTACT WITH A SOLICITOR REQUESTED
A - SELF FUNDING DETAINEES If a detainee asks for legal advice to be paid for them self – they should be given the opportunity to consult either the named solicitor requested or another solicitor from the same firm. If the chosen solicitor cannot be contacted - the detainee has the automatic right to choose up to 2 alternatives. If they also cannot be contacted - the Custody Officer retains a discretion to allow further attempts until contact is made.
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ESTABLISHING CONTACT WITH A SOLICITOR REQUESTED (CONTINUED)
B - DETAINEES REQUESTING PUBLIC FUNDED ADVICE The detainee will initially receive legal advice via the telephone from the Defence Solicitor Call Centre – who will then determine whether the subsequent legal advice should either be limited to legal advice over the telephone or be provided by a solicitor in person at the police station. GENERAL RULE As a general rule – the following circumstances will require only telephone advice and will not necessitate the solicitor to attend the police station to advise in person: * Arrested for a non imprisonable offence; * Arrested on suspicion of driving with excess alcohol; * Detained in relation to breach of the peace; * Arrested without warrant for breach of bail conditions; or * Arrested under a court warrant in relation to failure to appear at court. EXCEPTION Unless any of the following exceptional circumstances apply: * An interview will be conducted; * An identification parade will be conducted; * The detainee is eligible for assistance from an appropriate adult; * The detainee is unable to communicate on the telephone; or * The detainee alleges serious maltreatment by the police.
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Refusing Access To Unsuitable Representatives
An Inspector or above considers that they will hinder the investigation.
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Factors The Inspector Will Consider?
Factor 1 Can their status be satisfactorily established? Factor 2 Are they of a suitable character?
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Post Exclusion Steps?
Notify the firm & Offer an alternative solicitor
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Firm Persistently Sending Unsuitable Representatives?
Step 1 The Inspector should inform an officer of the rank of Superintendent or above Step 2 ...and the Superintendent or above may (discretion) inform the Law Society.
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Excluding Legal Representatives From Interview Due To Their Unreasonable Conduct
Preventing questions being posed Answering questions on behalf of the client
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Action To Be Taken By The Interviewing Officer?
Default Consult a Superintendent or above if available. Alternative If the Superintendent or above is unavailable an Inspector.
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Post Exclusion Steps?
Offer an alternative solicitor Discretion to inform the Law Society & Legal Services Commission
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Categories Of Persons Requiring Additional Procedures 6 categories
>Juveniles >Vulnerable persons >Deaf persons >Persons unable to speak English >Blind persons >Foreign nationals
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Definition Of A Vulnerable Person Code C Paragraph 1.13(d)
Factors That Define A Vulnerable Person? The definition of a vulnerable person applies to any person who - because of either: * A mental health condition; or * A mental disorder. Factor 1 May have difficulty understanding or communicating effectively about the full implications for them of any procedures and processes connected with either: * Their arrest and detention: or * Their voluntary attendance at a police station or their presence elsewhere for the purpose of a voluntary interview; and * The exercise of their rights and entitlements. Factor 2 Does appear to understand the significance of what they are told, of questions they are asked or of their replies. Factor 3 Appears to be particularly prone to: * Becoming confused and unclear about their position: * Providing unreliable. misleading or incriminating information without knowing or wishing to do so: * Accepting or acting on suggestions from others without consciously knowing or wishing to do so. or * Readily agreeing to suggestions or proposals without any protest or question.
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Can A Person Who Does Not Have A Mental Health Condition Or Mental Disorder Still Be Deemed To Be A Vulnerable Person? Code C Note 1G
Yes Either: * The Custody Officer - in the case of a detained person * The officer investigating the offence * in the case Of a person who has not been arrested or detained . must consider on a case by case basis - whether any of the factors are present.. ...having regard to both: * The particular circumstances of the individual: and * How the nature of the investigation might affect them ..and if any of the factors are present * the person shall be treated as vulnerable.
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Will Intoxicated Persons Always Be Treated As Vulnerable And Therefore In Need Of An Appropriate Adult? Code C Note 1GC
No A person who is under the influence of either. * Drink; or * Drugs will automatically be treated as vulnerable — they will only be treated as vulnerable if any of the factors indicating vulnerability are also present.
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Action To Be Taken In Relation To Vulnerable Persons Code C Paragraph 1.4
Establishing The Suspicion That A Person Is Vulnerable If at any time an officer has any reason to suspect that a person of any age may be vulnerable - in the absence of clear evidence to dispel that suspicion that person shall be treated as such. ...and to establish whether any such reason may exist in relation to a person suspected of committing an offence either: * The Custody Officer - in the case of a detained person * The officer investigating the offence - in the case of a person who has not been arrested or detained .shall take, or cause to be taken the following action: Action 1 Reasonable enquiries to ascertain what information is available that is relevant to any of the factors indicating that the person may be vulnerable. Sources Of Information Indicating Vulnerability * Their behaviour. * Their mental health and capacity: * What they say about themselves; * Information from their relatives and friends; * Information from police officers and staff and from police records; and * Information from health. social care and other professionals who know. or have had previous contact With them. Action 2 A record shall be made: * Descnbing whether any of those factors appear to apply; and * Providing any reason to suspect that the person may or may not be vulnerable. Action 3 The record shall be made available to be taken into account by police officers, police staff and any others who are required or entitled to communicate with the person — including any solicitor, appropriate adult and health care professional (NB — this is particularly relevant to communication by telephone or live link).
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Definition Of A Juvenile Code C Paragraph 1.5
When Will A Detainee Be Treated As A Juvenile? A person will be treated as a juvenile if both: * They appear to be under 18; and * In the absence of clear evidence to the contrary.
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Juveniles: Ascertaining The Identity Of The Person Responsible For The Juveniles Welfare Code C Paragraph 3.13
Custody Officer's Obligation? Where the detainee is a juvenile - the Custody Officer must, if it is practicable. ascertain the identity of the person responsible for the juvenile's welfare.
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Who Can Be Responsible For The Juveniles Welfare?
Either * Their parent or guardian: * If the juvenile is in care — a person appointed by the local authority or voluntary organisation to have responsibility for their welfare; or * Any other person, who for the time being, has assumed responsibility for their welfare.
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Notifying The Person Responsible For The Juvenile's Welfare Code C Paragraph 3.13
Information To Be Supplied? Once their identity is ascertained - they must (no discretion) - be informed as soon as practicable: * That the juvenile has been arrested; * Why they have been arrested; and * Where they have been detained.
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Children In Care But Who Live At Home Code C, Note 3C
If the juvenile is in local authority or voluntary organisation care. but is living with their parents - the parents should normally be contacted, as well as the authority or organization, unless the parents are also suspected of involvement in the commission of the offence.
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Notification Where The Juvenile Is Subject To A Court Order Code C Paragraph 3.14
If the juvenile is subject to a court order under which either: * A person; or * An organisation - (e.g. YOT / Electronic Monitoring Contractor) * ...is given statutory responsibility to observe or momtor the juvenile - reasonable steps must be taken to also notify the: * Person; or * Organisation.
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Securing The Attendance Of An Appropriate Adult For Juveniles & Vulnerable Persons Code C Paragraph 3.15
Custody Officer's Responsibilities If the detainee is either: * Juvenile; or * Vulnerable person .the Custody Officer must - as soon as practicable - ensure that the following action is taken... Action 1 The detainee is informed of both: * The decision that an appropriate adult is required; and * The reason for that decision. Action 2 The detainee is advised of both: * The duties of the appropriate adult; and * That they can consult privately with the appropriate adult at any time. Action 3 The appropriate adult is informed of both: * The grounds for their detention; and * Their whereabouts. Action 4 The attendance of the appropriate adult at the police station to see the detainee is secured.
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Safeguarding Role Of An Appropriate Adult Code C Paragraph 1.7A
Role Of Appropriate Adults? The role of the appropriate adult is to safeguard the: * Rights; * Entitlements: and * welfare . .01 both: * Juveniles: and * Vulnerable persons .by performing 3 functions.. Function 1 Supporting, advising and assisting them - when they are either: * Given or asked to provide information; or * Participate in any procedure. Function 2 Both: * Observing whether the police are acting properly and fairly to respect their rights and entitlements; and * Informing an Inspector or above - if they consider that they are not. Function 3 Assisting them to communicate with the police - whilst respecting their right to say nothing unless they want to - as set out in the terms of the caution.
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Who Can Perform The Role Of Appropriate Adult For A Juvenile? Code C Paragraph 1.7(a) 3 options
Option 1 Either their: * Parent; * Guardian; or * If the juvenile is in the care of a local authority or voluntary organisation - a person representing that authority or organisation. Option 2 A social worker of a local authority. Option 3 Failing these some other responsible adult aged 18 or over - who is not either * A police officer: * Employed by the police: * Under the direction or control of the chief officer of a police force; or * A person who provides services under contractual arrangements (but without being employed by the chief officer of a police force) to assist that force in relation to the discharge of its chief officer's functions ...whether or not they are on duty at the time.
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Who Can Perform The Role Of Appropriate Adult For A Vulnerable Person? Code C Paragraph 1.7(b) 3 options
Option 1 Either a: * Relative; * Guardian; or * Other person responsible for their care or custody. Option 2 Someone experienced in dealing with vulnerable persons - but who is not either: * A police officer: * Employed by the police: * Under the direction or control of the chief officer of a police force; or * A person who provides services under contractual arrangements (but without being employed by the chief officer of a police force) to assist that force in relation to the discharge of its chief officer's functions ...whether or not they are on duty at the time. Option 3 Failing these some other responsible adult aged 18 or over * who is not either. * A police officer; * Employed by the police: * Under the direction or control of the chief officer of a police force: or * A person who provides services under contractual arrangements (but without being employed by the chief officer of a police force) to assist that force in relation to the discharge of its chief officer's functions ... whether or not they are on duty at the time
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Who Cannot Perform The Role Of Appropriate Adult? code C Note 1B - F
Excluded Category 1 A person, including a parent or guardian, should not be an appropriate adult - if ether: They are: * Suspected of involvement in the offence; * The victim; * A witness; or * Involved in the investigation. They received admissions prior to attending to act as the appropriate adult. Excluded Category 2 If a juvenile's parent is estranged from the juvenile they should be asked to act as the appropriate adult - if the juvenile expressly and specifically objects to their presence. Excluded Category 3 If a juvenile admits an offence to. or in the presence of. a social worker or member of a youth offending team - other than during the time that person is acting as the juvenile's appropriate adult - another appropriate adult should be appointed in the interest of fairness. Excluded Category 4 In the case of someone who is vulnerable - it may be more satisfactory if the appropriate adult is someone experienced or trained in their care - rather than a relative lacking such qualifications. But if the person prefers a relative to a better qualified stranger or objects to a particular person - their wishes should, if practicable, be respected. Excluded Category 5 An appropriate adult who is either: * A parent or guardian (juveniles); or * A relative, guardian or carer (vulnerable persons) must be independent of the police. Excluded Category 6 Either: * A solicitor, or * Independent custody visitor ...who is present at the police station and, acting in that capacity - may not be the appropriate adult.
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What Information Must Be Supplied To The Appropriate Adult? Code C Paragraph 3.17 & 3.17A
Action To Be Taken? All of the steps under Code C Paragraphs 3.1. — 3.5 — including: * The notification of detainee's rights and entitlements; * The provision of the written notice relating to detainee's rights: * The seeking of confirmation whether to exercise the rights; and * The determination of whether the detainee has additional needs. ...must be either * Completed in the appropriate adult's presence — if they were already present; or * Repeated in the appropriate adult's presence — if they subsequently arrive -and at the time the written notice is given to the appropriate adult — they shall be advised of their duties.
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What If The Juvenile Or Vulnerable Person Wishes To Decline Legal Advice But The Appropriate Adult Wishes A Solicitor To Attend To Provide Legal Advice? Code C Paragraph 6.5A
Can The Appropriate Adult Secure The Solicitor's Attendance? Yes Even if a juvenile or vulnerable person indicates that they do not want legal advice - the appropriate adult has the right to ask for a solicitor to attend if it would be in the juvenile or vulnerable person's best interests. Can The Juvenile Or Vulnerable Person Be Forced To Consult The Solicitor Upon Their Arrival? No The juvenile or vulnerable person cannot be forced to see the solicitor if they are adamant that they do not wish to do so. Can A Juvenile or Vulnerable Person Consult Privately With Their Solicitor In The Absence Of An Appropriate Adult? Yes - if they expressly request to do so.
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Blind Detainees Code C Paragraph 3.20
Custody Officer's Responsibility? If the detainee is either: * Blind; * Seriously visually impaired; or * Unable to read .the Custod Officer shall ensure that one of the following is available to Kelp check and sign (on thetr behalf — if they Wish) documentation... 4 Options? * Their solicitor; * A relative; * Any appropriate adult * (if a juvenile or vulnerable); or * Some other person likely to take an interest in their welfare - who is not involved in the investigation.
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When Must The Custody Officer Call An Interpreter? Code C Paragraph 3.12
If the detainee appears to be someone who either: * Does not speak or understand English; or * Has a hearing or speech impediment.
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When Should The Custody Officer Take Action? Code C Paragraph 3.12
The Custody Officer must without delay call an interpreter to assist in the notification steps in Code C Paragraphs 3.1 -3.5.
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Who Has Responsibility For Providing Interpreters? Code C Paragraph 13.1
Chief Officer Responsible for making arrangements to provide appropriately qualified independent persons to act as interpreters.
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Who Will The Interpreter Act On Behalf Of? Code C Paragraph 13.1
Category 1 Detainees who the Custody Officer has determined require an interpreter. Category 2 Persons not under arrest (volunteers) to be interviewed under caution who an interviewer determines requires an interpreter. If the interviewer has any doubts whether an interpreter is required they should seek the advice of a Sergeant or above.
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The Nature Of Interpreter Arrangements? Code C Paragraph 13.1 3 Key Requirements
Requirement 1 The arrangements made and quality of the interpretation and translation provided should be sufficient to safeguard the fairness of the proceedings. Requirement 2 The suspect must: * Have knowledge of the case against them; and * Be able to exercise their right of defence. Requirement 3 The suspect must be able to: * Understand their position; and * Communicate effectively with police officers, interviewers, solicitors, and appropriate adults. Requirement 4 The provision of a written translation of all documents considered essential for the person to exercise their right of defence. Including details of: * The decision to authorise detention; and * Any offences for which the person has been charged or informed they may be prosecuted for. Requirement 5 Procedures to help determine: * Whether a suspect can speak or understand English and needs the assistance of an interpreter; * Whether another interpreter I translator should be provided when a suspect complains about the quality.
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Raising Awareness Of Interpretation & Translation Services Code C Paragraph 13.1B
All reasonable attempts should be made to make the suspect understand that interpretation and translation will be provided at the public expense.
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Interpreters Role In Making Suspects Aware Of Their Rights? Code C Paragraph 13.10
When? After a Custody Officer has determined that a detainee requires an interpreter and following the initial action in paragraphs 3.1 — 3.5 authorising detention and informing the detainee of their rights) arrangements must be made for an interpreter to do the following: Role 1 Explain the: * Grounds; * Reasons for any authorisation for their continued detention before or after charge; and * Any information about the authorisation given to them by the authorising officer. Role 2 * Be present at the Magistrates Court for any warrant applications for further detention; * Explain any grounds and reasons for the application; and * Explain the outcome of the application. Role 3 * Explain any offence for which the detainee is charged or informed they may be prosecuted; and * Any other information about the offence given to them by or on behalf of the Custody Officer.
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Complaints By Detainees As To The Quality Of Interpretation Or Translation
If a detainee complains that they are not satisfied with the quality of interpretation — the Custody Officer or the interviewer is responsible for deciding whether a different interpreter shall be called.
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Communication With Solicitors Code C Paragraph 13.9
Action To Be Taken? If a detainee cannot communicate with the solicitor because of language, hearing or speech difficulties — an interpreter must be called. Can A Police Officer / Police Staff A police officer or other member of police staff cannot act as the interpreter in such circumstances.
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Translation Of Essential Documents Code C Paragraph 13.10B&C
* Written translations; * Oral translations; and * Oral summaries ...of all essential documents shall be provided in a language the detainee understands. General Rule - Written Translations I. The grounds for keeping the suspect in custody before and after charge given by the custody officer and the review officer. 2. A superintendent's authorisation extending pre-charge detention. 3. A warrant of further detention and any extension issued by a magistrates' court. 4. Authority to detain in a warrant of arrest issued in connection with criminal proceedings. 5. The written notice showing particulars of the offence charged. 6. Written interview records and any written statement under caution. The Alternative - Oral Translations The Custody Officer can authorise oral translation or an oral summary of documents (1) to (5) if they are satisfied that it would not prejudice the fairness of the proceedings by adversely affecting the suspect's ability to understand their position or communicate effectively. Non Permitted Alternative The Custody Officer cannot authorise (6) interview records to be conducted orally.
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Detainee Waiving The Right To Written Translations Code C Annex M Paragraph 4
When Can The Detainee Waive? The suspect can waive their right to a written translation of essential documents but only if they do so voluntarily after: * Receiving legal advice or having full knowledge of the consequences; and * Giving their unconditional and fully informed consent in writing
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Asking The Detainee If They Wish To Waive Their Right To A Written Translation Code C Annex M Paragraphs 5 & 6
Asking The Detainee The suspect can be asked if they wish to waive the right to a written translation. Action To Be Taken Before Giving Consent? Before giving their consent — the suspect must be: * Reminded of the right to legal advice; and * Asked whether they wish to speak to a solicitor. Prohibited Action - 1? Police officers or other member of police staff should not do anything with the intention of persuading the suspect to waive their right to a translation. Prohibited Action - 2? Police officers or other members of police staff shall not indicate to any suspect, except to answer a direct question, whether the period of which the will be detained or the time taken to complete an interview will be reduced if they either: * Decline legal advice before deciding whether to waive their right to a written translation of essential documents; or * Decide to waive the right to the written translation of the essential document themselves. Prohibited Action - 3? There is no power to delay a detainees release from custody purely for the purpose of providing the written translation of essential documents.
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Interviewing Suspects - Foreign Languages Code C Paragraph 13.2 & 2.2A
General Rule An interview must not take place in the absence of an interpreter if either: * The suspect does not appear to speak or understand English * An appropriate adult present does not appear to speak or understand English Exception An urgent interview situation has arisen. P.A.P.E.R. trigger Superintendent or above authority
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Action To Be Taken By The Interviewer When A Written Record Of The Interview Is Made Code C Paragraph 13.3
Action 1 The interviewer shall make sure that the interpreter: * Makes a note of the interview at the time in the person's language for use in the event of the interpreter being called to give evidence, and * Certifies its accuracy. Action 2 The interviewer shall allow sufficient time for the interpreter to note each question and answer after each is put, given and interpreted. Action 3 The interviewer shall ensure that the person interviewed is allowed to: * Read the record or have it read to them; and * Sign it as correct or indicate the respects in which they consider it inaccurate.
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Action To Be Taken When A Statement Under Caution Is Given Other Than In English Code C Paragraph 13.4
* The interpreter shall record the statement in the language; * The person interviewed shall be invited to sign it; and * An official translation in English shall be made in due course.
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Interviewing Suspects Who Have A Hearing Or Speech Impediment Code C Paragraph 13.5 & 13.6
General Rule An interview must not take place in the absence of an interpreter or other appropriate assistance if either: * The suspect requires an interpreter or other appropriate assistance to enable effective communication with them because they have a hearing or speech impediment. * An appropriate adult present has a hearing or speech impediment. Exception An urgent interview situation has arisen. P.A.P.E.R. trigger Superintendent or above authority
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Challenges Made To Decisions Code C Paragraph 13.1D
What Can A Detainee Challenge? * That an interpreter is not required. * Not to comply with a request for a different interpreter or translation requested. * Not to provide a translation of a document requested. Action To Be Taken Following A Challenge? A report must be made to an officer of the rank of Inspector
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Interpretation Services Delivered Via Live Link Code C Paragraph 13.12 Definition Of Live Link Interpretation?
An arrangement to enable communication between the suspect and an interpreter who is not physically present with the suspect.
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Objective Of Live Link Interpretation?
The arrangement must ensure that anything said by any person in the suspect's presence and hearing can be interpreted in the same way as if the interpreter was physically present at that time.
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When Is The Use Of Live Link Interpreters Permitted?
"Communication technology such as video conferencing, telephone or the internet may be used - unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings." Article 2(6) EU Directive 2010/64
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Decisions Whether To Utilise Live Link Interpretation Code C Annex N How Are Decisions Made To Determine Whether The Presence Of An Interpreter In Person Is Required?
Decisions are made on a case by case basis.
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Who Makes The Decision Whether The Presence Of An Interpreter In Person Is Required?
Either: * The Custody Officer for detainees; or * The interviewer — for volunteers... ...must consider whether the ability of the suspect - to communicate both: * Confidently; and * Effectively ...for the purpose in question... sis likely to be either: * Adversely affected; * Undermined; or * Limited ..if the interpreter is not physically present and live- link interpretation is used.
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Factors To Consider When Deciding Whether The Presence Of An Interpreter In Person Is Required? 4 factors
Factor 1 The: * Age; * Gender; and * Vulnerability ...of the suspect. Factor 2 The: * Nature; and * Circumstances ...of the: * Offence; and * Investigation. Factor 3 The impact on the suspect according to the particular purpose(s) for which the suspect requires the assistance of an interpreter. Factor 4 The time(s) when that assistance is required.
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Action To Be Taken Where It Is Decided To Proceed With A Live Link Interpreter?
Who Will Take Action? Once the decision has been taken to proceed with live link interpretation * by either: * The Custody Officer for detainees; or * The interviewer for volunteers. .they must inform: * The suspect; * Their solicitor; and * Their appropriate adult (if applicable) ..of 5 facts. Fact 1 That the decision has been taken to proceed via live link interpretation. Fact 2 Both: * The operation of live link interpretation must be explained and demonstrated to them; and * They must be asked if they require more information. Fact 3 The chief officer's obligations concerning the security of live link communications. Fact 4 The right to make representations that live link interpretation should not be used. Fact 5 The right at any time to make representations to the Custody Officer or the interviewer that live link interpretation should cease and that the physical presence of an interpreter should be arranged.
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Action To Be Taken Where Representations Are Made Not To Use Live Link Interpretation Code C Annex N Paragraph 5
If representations are made that live-link interpretation either: * Should not be used; or * Should not continue to be used... ...and either: * The Custody Officer for detainees; or * The interviewer for volunteers... .is unable to allay concerns raised. ...then live-link interpretation can only either: * Proceed; or * Continue . .if an officer of the rank of Inspector or above is satisfied that for the purpose(s) that the interpreter is required - live-link interpretation is both: * Necessary; and * Justified.
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Factors That Will Influence The Inspector Or Above's Decision Whether To Proceed Or Continue With A Live Link Interpreter Despite The Suspect's Objection Code C Annex N Paragraph 5 7 factors
Factor 1 The circumstances of the suspect. Factor 2 The nature and seriousness of the offence. Factor 3 The requirements of the investigation - including its likely impact on both the suspect and any victim(s). Factor 4 The representations made by: * The suspect; * Their solicitor; and * Their appropriate adult (if applicable) .that live-link interpretation should not be used. Factor 5 The availability of a suitable interpreter to be physically present - compared with availability of a suitable interpreter for live-link interpretation. Factor 6 The risk if the interpreter is not physically present, - that evidence obtained using live link interpretation might be excluded in subsequent criminal proceedings. Factor 7 The likely impact on: * The suspect; and * The investigation .0f any consequential delay to arrange for the interpreter to be physically present With the suspect.
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Recording Obligations?
A record must be made of all: * Representations; * Actions; * Decisions; * Authorisations; and * Outcomes.
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How Will The Live Link Interpretation Be Conducted? — Live Link At Interview Code C Paragraph 13.12
An interview conducted and recorded in accordance With either: * Code E -Audio recording; or * Code F - Visual recording. ...must enable both an interpreter who is not physically present * and' * The suspect; * The interviewer; * The suspect's solicitor; * Any appropriate adult: and * Any other person physically present with the suspect ...to both: * See; and * Hear ...each other.
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How Will The Live Link Interpretation Be Conducted? — All Other Communication Outside Of An Interview Code C Paragraph 13.12
All other situations which requires or permits information to be either: * Given to a suspect; * Sought from a suspect: or * Provided by a suspect .either: * Orally; or * In writing .including communication between - the suspect and: * Police; * Appropriate adult; and * Solicitor .must enable. .both: * The suspect; * The person giving or seeking that information; and * Any other person physically present with the suspect at that time .and the interpreter who is not so present. sto either: * Both see hear each other; or * Hear seeing each other - (e.g. telephone conversation).
187
Communicating Records Of The Live Link Interpreter Code C Paragraph 13.12A
Making Arrangements For Secure Transmission Arrangements must provide for any: . Written; or * Electronic ...record of what the suspect says in their own language - which is made by the interpreter * to be securely transmitted without delay .so that the suspect can be invited to: * Read; * Check: and * Either: * Sign or otherwise confirm that the record is correct; or * Make corrections to the record.
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Obligations Of The Chief Officer In Relation To The Use Of Live Link Interpreters Code C Paragraph 13.13 3 obligations
Obligation 1 The Chief Officer must ensure that the live link interpreter is able to communicate both: * Accurately; and * Securely with the suspect. Obligation 2 The Chief Officer must ensure that the confidentiality of any private consultation between the suspect and their: * Solicitor; or * Appropriate adult .that the live link interpreter is privy to is maintained. Obligation 3 The Chief Officer must ensure that at any time during which live link interpretation is being used — a person cannot, * See; * Hear; or * Otherwise obtain access to... . .any communications between: * The suspect; and * The live link interpreter... unless - they are authorised by either: * The interviewing officer for interviews; or * The Custody Officer — for other communication.
189
Standard Procedure For Foreign Nationals Code C Paragraphs 3.12A & 7.1
Notification Of Rights Any citizen of either: * An independent Commonwealth country; or * A foreign country (including the Republic of Ireland) must be informed as soon as practicable of their right to both: Right 1 Communicate at any time with their High Commission, Embassy or Consulate. Right 2 Have their High Commission, Embassy or Consulate informed of: * Their whereabouts: and * The grounds for their detention.
190
Timing Of Response To Requests?
Any request must be acted on as soon as practicable by the Custody Officer.
191
Recording Obligations?
A record shall be made of both: * The informing of the rights; and * Any subsequent communication.
192
Additional Requirements For Citizens Of Countries Which Have A Bilateral Consular Convention Or Agreement In Force Requiring Notification Of Arrest Code C Paragraph 7.2
General Rule The detainee must be informed that notification of their arrest will be sent to their appropriate High Commission, Embassy or Consulate ASAP whether or not they request it. Exception If the detainee claims that either: * They are a refugee; or * They have applied or intend to apply for asylum; .the Custody Officer must ensure that the UK Visas & Immigration UKVI (formerly the UK Border Agency) is informed ASAP of their claim. Further Action? The UKVI will then: * Determine whether compliance with international obligations requires notification of arrest to be provided to their High Commission, Embassy or Consulate; and * Inform the Custody Officer as to the action to be taken.
193
Incommunicado Delays Code C Annex B PACE 1984
Rights That Can Be Delayed? * Have somebody informed of their whereabouts * Telephone call I letter * Queries from outside of whereabouts * Legal advice
194
Categories Of Offences?
Indictable offences X Summary offences When? Prior to charge X After charge
195
Authorising Officer?
Either Inspector or Superintendent depending on situation (Superintendent - Terrorism offences & Non-terrorism offences + legal advice). All other situations: informing a person of their whereabouts, telephone or write a letter, respond to queries from the outside for Non-terrorism offences (Inspector)
196
Mental element
Believe
197
Basic Triggers?
P - people E - Evidence A - Alert R - Recovery
198
Additional Terrorism Triggers?
Exercising the right would lead to interference the gathering of information at»ut terrorism, By alerting any person, make it more difficult to either: *Prevent an act of terrorism; or *Secure the apprehension, prosecution or conviction of any person connected with terrorism.
199
Duration of the delay?
Parameter 1 For as long as the ground justifying a delay exists Once the ground ceases to exist: >The detainee must be asked as soon as practicable if they wish to exercise their rights; and >Their response must be recorded; and >Any request must be actioned Parameter 2 Even if the ground justifying the delay is continuing - the delay cannot last beyond the maximum backstop of >36 hours (non-terrorism) >48 hours (terrorism) ... after the relevant time Parameter 2
200
Adverse inferences for silence?
Inferences cannot be drawn for legal advice Inferences can be drawn from informing a person of their whereabouts, telephone or write a letter, respond to queries from the outside
201
Categories Of Offences?
Indictable offences Summary offences
202
What Rights Can Be Overridden Prior To The Interview Due To Urgency?
Interview at a police station; Waiting for an appropriate adult to arrive; Waiting for an interpreter to arrive; Waiting for a person who is unfit to recover; Waiting for a solicitor to arrive.
203
Rank Of The Authorising Officer?
All Superintendent or above except for urgent interviews away from a police station
204
Triggers?
People Alert Property Evidence Recovery
205
Triggers?
Delay Alerting People Property Evidence Recovery
206
Duration Of The Interview?
Only until sufficient information has been obtained to avert the risk of the P.A.P.E.R / D.A.P.P.E.R consequence.
207
6.6(c)
Step1 A detainee has selected a solicitor. Step 2 The solicitor selected either: >Cannot be contacted; >Has indicated previously they do not wish to be contacted; >Has been contacted but has declined to act Step 3 The detainee has been advised of the Duty Solicitor scheme Step 4 The detainee has declined to the Duty Solicitor.
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6.6(d) Changes Of Mind By The Detainee
Step 1 An officer of the rank of Inspector or above: * Speaks to the detainee to enquire about the reasons for their change of mind; * Makes, or directs the making of, reasonable efforts to ascertain the solicitor's expected time of arrival; and * Informs the solicitor that the suspect has stated that they wish to change their mind and provide their reasons (if given). Step 2 The detainee's reason for the change of mind (if given) and the outcome of notifying the solicitor must be recorded in the custody record. Step 3 Having informed the detainee of the action taken in step 1 — the detainee confirms in writing in the custody record that they wish to proceed with the interview without either: * Speaking or further speaking to a solicitor; or * Waiting for the solicitor requested to arrive. Step 4 The Inspector or above: * Gives authority in writing for the interview to proceed; * Takes, or directs the taking of reasonable steps to inform the solicitor that authority has been given and the time when the interview is expected to commence; and * Records the outcome in the custody record. step 5 When the interview starts the interviewer must in the interview record: * Remind the suspect of the right to legal advice; * Confirm that the detainee has changed their mind about wanting legal advice and the reason for their decision (if given); * Confirm that authority to proceed has been given & the name of the authorising officer (subject to para 2.6A); * Confirm that if the solicitor arrives at the station before the interview is completed, the detainee will be informed without delay and a break will be taken to allow them to speak to the solicitor if they wish (unless the incommunicado provisions apply); and * Confirm that at any time during the interview the detainee can again change their mind and ask again for legal advice — if so a break in interviewing will be taken to allow them to speak to a solicitor unless any of the other provisions of Code C, Paragraph 6.6 apply. 6.6(b) Rank: Superintendent No inferences 6.6(c) and 6.6(d) Inspector, Yes inferences
209
NEW PROVISION - URGENT INTERVIEWS IN THE ABSENCE OF AN INTERPRETER
CODE C PARAGRAPH 11.18(C) If an officer of the rank of Superintendent or above authorizes an urgent interview to be conducted prior to the arrival of an interpreter due to the presence of a PAPER risk – the subsequent interview must be carried out by an interviewer who can speak the suspect's language or is able to establish effective communication in some other way.
210
Volunteers Right To Leave Code C Paragraph 3.21
Do Volunteers Have The Right To Leave? Yes Anybody attending either: * A police station; or * Other location voluntarily to assist police with the investigation of an offence - may leave at will — unless their arrest on suspicion of committing the offence is necessary.
211
Rights Of Volunteers Whilst At A Police Station Code C Note 1A
What Rights Do Volunteers Have? Volunteers should be treated with no less consideration than detainees. Examples Of Equivalent Entitlements Of Volunteers * Volunteers shall be offered or allowed refreshments at appropnate times; and * Enjoy an absolute right to: * Obtain legal advice; or * Communicate with anyone outside the police station or other location.
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Action To Be Taken Once A Volunteer's Arrest Becomes Necessary? Code C Paragraph 3.21 3 steps
Step 1 They must be informed at once: * That they are under arrest; and * The grounds and reasons for their arrest. Step 2 They must be brought before the Custody Officer at the police station either: * Where they are arrested; or * To which they are taken after being arrested elsewhere. Step 3 The Custody Officer is then responsible for making sure that both: * A custody record is opened; and * They are notified of their rights in the same way as other detainees.
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Action To Be Taken By The Interviewer Prior To Interviewing Volunteers Under Caution Code C Paragraph 3.21 8 Obligations
Obligation 1 Administer the caution. Obligation 2 Describe the nature and circumstances of the suspected offence. Obligation 3 Inform them that they are under arrest. Obligation 4 Inform them that they are obliged to remain at the station or other location. Obligation 5 Adhere to the same rights, entitlements and safeguards that apply to the conduct and recording of interviews with detained suspects. Obligation 6 The interviewer must determine whether a suspect requires: * An appropriate adult; * Help to check documentation; or * An interpreter. Obligation 7 The interviewer is responsible for ensuring that both: * The suspect is informed of the rights, entitlements and safeguards for voluntary interviews contained in Code C Paragraph 3.21A; and * Explaining these rights, entitlements and safeguards to the volunteer. Obligation 8 The suspect must be asked to give their informed consent to be interviewed until after they have been informed of their rights, entitlements and safeguards.
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The Rights, Entitlements & Safeguards For Voluntary Interviews Code C Paragraph 3.21A
Right 1 The interviewer must inform the suspect that the purpose of the voluntary interview is to question them to obtain evidence about their involvement or suspected involvement in the offence(s) described when they were cautioned and told that they were not under arrest, Right 2 The interviewer shall then inform the suspect that the following rights will apply - if they agree to the voluntary interview proceeding. NB * the rights mirror those that have always been available for detainees. Rights Of Volunteers Volunteers who are to be interviewed - have the rights to: * Information about the offence; * Free legal advice; * An appropriate adult - if a juvenile or vulnerable; * Have help checking documentation; and * An interpreter. Right 3 The interviewer shall inform the suspect that the interview will be arranged for a time and location that enables both: * The suspect's rights to be fully respected; and * The whole of the interview to be recorded using an authorised recording device in accordance With Code E (audio recording) or Code F (visual recording). Right 4 The interviewer shall inform the suspect that any agreement to take part in the interview will also signify their agreement for that interview to be either: * Audio-recorded; or * Visually recorded with sound.
215
The Provision Of A Written Notice Confirming The Rights, Entitlements & Safeguards For Voluntary Interviews Code C Paragraph 3.21B(c)
Written Notice In addition to the oral explanation of the rights provided by the interviewer - the volunteer must also be given a written notice summarising the same rights. Action To Be Taken If A Specific Notice Is Unavailable? If a specific notice is not available, - the notice given to detained suspects with references to detention-specific requirements and information redacted may be used.
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The Right To Further Information About The Offence Code C Paragraph 3.21A
What Information Must Be Supplied By The Interviewer About The Offence? They are entitled to sufficient information to enable them to understand both: * The nature of any offence(s) of which they are suspected; and * Why they are suspected of committing the offence(s). .. .in order to allow for the effective exercise of the rights of the defence... ..and the obligation both: * Applies irrespective of whether or not they have asked for legal advice; and * Extends to any further offences that come to light during the voluntary interview. No Neither: * The initial provision of factual information by the interviewer to the volunteer; or * Any further information supplied by the interviewer in response to questions from the volunteer .shall constitute an interview.
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Further Action To Be Taken By The Interviewer At The Time Of Supplying The Factual Information? Code C Paragraph 3.21B
Must Remind the volunteer about the caution. Must Not * Invite comment about the offence; * Put specific questions to the suspect regarding their involvement jn any offence; or * Put specific uestions to the suspect in respect of anv commenqs they may make when given the information. NB - Such an exchange would constitute an interview — requiring extra safeguards.
218
Action To Be Taken If The Volunteer Makes Any Comment In Response To The Factual Information Supplied Which Might Be Relevant To The Offence? Code C Paragraph 3.21B & 11.13
Same Treatment As Unsolicited Comments Such a response will be treated in the same way as an unsolicited comment and the following 4 steps shall be taken.. Step 1 A record shall be made of any comments. Step 2 The record must be timed and signed by the maker. Step 3 When practicable the suspect shall be given the opportunity to read that record and to either: * Sign it as correct; or * To indicate how they consider it inaccurate. Step 4 Any refusal to sign should be recorded.
219
The Information That Must Be Supplied By The Interviewer To The Volunteer About The Right To Free Legal Advice Code C Paragraph 3.21A 4 obligations
Obligation 1 Explain that they may obtain free and independent legal advice if they want it - and that this includes the right to: * Speak with a solicitor on the telephone; and * Have the solicitor present during the interview. Obligation 2 Both: * Ask if they want legal advice; and * Record their reply. The interviewer must take care not to indicate, except to answer a direct question - that the time taken to arrange and complete the voluntary interview might be reduced if they either: * Decline legal advice; or * Change their mind and agree to be interviewed without waiting for a solicitor. Obligation 3 If the person requests legal advice: * Secure its provision before the interview * by contacting the Defence Solicitor Call Centre: and * Explain that: * The time and place of the interview Will be arranged to enable them to obtain legal advice. and * That the interview will be delayed until they have received legal advice unless Code C Paragraph 6.6 applies. Obligation 4 If the person declines to exercise the right to legal advice - the interviewer shall: * Ask them why; and * Record any reasons given -- NB they are not obliged to give reasons and should not be pressed to do so.
220
What Information Must Be Supplied By The Interviewer To Juveniles Or Vulnerable Persons? code C Paragraph 3.21A
If the interviewer determines that the volunteer is either: * A juvenile; or * Vulnerable .the volunteer must be informed of their rights. .to both: * To have the appropriate adult present - (NB same provisions as for detainees); and * For the interview to be delayed until the presence of the appropriate adult is secured. ...and the volunteer must be informed of both: * The decision that an appropriate adult is required; and * The reason that an appropriate adult is required.
221
The Obligation To Relay Or Repeat All Information In The Presence Of The Appropriate Adult Once They Are In Attendance Code C Paragraph 3.21B
* Oral information; * Written notice; * Caution .must be either: * Initially provided; or * Repeated ...in the presence of the appropriate adult... .and both: * Suspect; and * Appropriate adult shall be advised of 3 facts.. Fact 1 That the duties of the appropriate adult include giving advice and assistance. Fact 2 That they can consult privately at any time. Fact 3 Their informed agreement to be interviewed voluntarily must be sought and given in the presence of their appropriate adult. NB - for a juvenile - the agreement of their parent or guardian is also required.
222
Can An Appropriate Adult Secure The Attendance Of A Legal Adviser For A Volunteer Who Has Declined Legal Advice? Code C Paragraph 3.21A
Yes The rules are the same as for detainees so if a: * A juvenile; or * Vulnerable volunteer has declined the offer of legal advice... Action 1 Their appropriate adult must be informed that they have the right to ask for a solicitor to attend - if this would be in the volunteer's best interests. Action 2 If a solicitor is requested by their appropriate adult action must be taken to secure legal advice without delay. Can The Volunteer Be Forced To Consult The Solicitor? No The volunteer cannot be forced to see the solicitor if they are adamant that they do not wish to do so.
223
What Information Must Be Supplied To Persons Who Need An Interpreter? Code C Paragraph 3.21A
If the interviewer determines that the volunteer requires an interpreter they shall both: * Make the necessary arrangements to secure interpretation support - (NB - same provisions as for detainees). * Delay the interview until the support of an interpreter is secured.
224
Action To Be Taken At The Commencement Of A Voluntary Interview Code C Paragraph 3.22A
Recording Agreement To Proceed Before asking the suspect any questions about their involvement in the offence they are suspected of committing - the interviewing officer must: * Ask them to confirm that they agree to the interview proceeding; and * Record the agreement in the interview record.
225
Recording Obligations Code C Paragraph 3.22
A record shall be made of all action taken under: * Paragraph 3.21A; or * Paragraph 3.21B .. including: * The date, time and place the action was taken; * Who was present; and * Anything said to or by either the suspect or those present.
226
DETENTION & REVIEW CLOCKS
There are 2 separate clocks which run in relation to detainees: * The detention clock - which governs global detention periods; and * The review clock - which regulates the intervals at which the review officer must verify that the grounds for detention are ongoing.
227
Live Link Extensions, Warrant Applications & Reviews Revised Code C 2018
Key Changes? The introduction of expanded use of live link procedures for: * Superintendents extensions of detention without charge (for up to a further 12 hours); * Applications for warrants for further detention without charge to a Magistrates Court; and * Reviews of detention prior to charge by an Inspector,
228
The Means By Which A Superintendent Can Extend Detention Code C Paragraph 15.2
2 Options The Superintendent or above can authorise an extension to detention either: * In person at the police station; or * Via live link subject to criteria being met.
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When Can The Option Of Conducting The Extension Via Live Link Be Utilised? Code C Paragraphs 15.2, 15.11A & 15.4
Criteria? A Superintendent who is not present at the police station where the detainee is being held may only use a live link to extend detention - if all of 3 steps are satisfied. Step 1 The Custody Officer considers that the use of the live link is appropriate. Extra Considerations For Juveniles & Vulnerable Detainees? In considering whether the use of the live link is appropriate - in the case of either: * Juvenile; or * Vulnerable person.. .both: * Custody Officer; and * Superintendent. .should have regard to the detainee's ability to both: * Understand the purpose of the authorisation; and * Be able to take part effectively in the live link process .and the appropriate adult should always be involved. step 2 The detainee has both: * Requested; and * Received -legal advice on the use of the live link. NB A live link cannot be used to extend detention unless the detainee has received legal advice on the use of the live link. Step 3 The detainee has given their consent to the live link being used.
230
Who Will Give Consent? Code C Paragraph 15.110
Adults aged 18 or over - the detainee Turned 14 but still under 18 - both the detainee and their parent or guardian Under 14 - parent or guardian only
231
Consent From Juveniles & Vulnerable Persons Code C Paragraph 15.11E
What Must Be Done In The Presence Of The Appropriate Adult? All of the following: * Information on how a live link is used, * Receiving legal advice on the use Of live links; and * Consent of a vulnerable person or child aged 14 or over.
232
Can A Live Link Extension Be Terminated? Code C Paragraph 15.11B(c)
Yes The authorising officer can decide at any stage to both: * Terminate the live link; and * Attend the police station where the detainee is held to carry out the procedure in person .and if so - the reasons for doing so should be noted in the custody record.
233
The Means By Which An Application For A Warrant For Further Detention Can Be Made Code C Paragraph 15.2 & 15.7A
2 Options The application for a warrant for further detention shall be conducted by bringing the detainee in person to the Magistrates Court - unless the court has made a live link direction.
234
When Will The Court Make A Live Link Direction For A Warrant Application? Code C Paragraph 15.11C
4 Steps The Magistrates Court may only give a direction that a live link be used for a warrant application - if 4 steps are all satisfied.. NB -- Steps 1 —3 are the same as for using live links for Superintendent's extensions. Step 1 The Custody Officer considers that the use of the live link for the purpose of the hearing is appropriate. Step 2 The detainee has requested and received legal advice on the use of the live link. Step 3 The detainee has given their consent to the live link being used. Step 4 It is not contrary to the interests of justice to give the direction.
235
What Types Of Reviews Can Remote Facilities Be Used? Code C Note 15F
Can Be Used? Live link or telephone reviews can only be used for pre-charge reviews conducted for non-terrorism offences. Cannot Be Used? Live link or telephone reviews cannot be used for: * Terrorism offences; or * Post charge reviews by the Custody Officer.
236
What Factors Are Considered By The Review Officer In Determining Method To Conduct The Review? Code C Paragraph 15.3C
Who Makes The Decision? The review officer will decide whether to conduct the review: * In person; * Via live link; or * By telephone. Factors To Be Considered By The Review Officer? 3 factors Factor 1 The needs of the person particularly: * Juveniles; * Vulnerable persons; * Their need for medical attention. Factor 2 The benefits of conducting the review in person. Factor 3 The individual circumstances of each case particularly presentational or community issues around the detention.
237
Can A Remote Telephone Or Live Link Review Be Terminated? Code C Paragraph 15.9C
Yes The authorising officer can decide at any stage to both: * Terminate the live link or telephone review; and * Attend the police station where the detainee is held to carry out the procedure in person .the reasons for doing so should be noted in the custody record.
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Procedural Steps To Be Taken After A Live Link Or Telephone Review Code C Paragraph 15.10
After a live link or telephone review is conducted - all of the procedural steps must be conducted by an officer in the station in which the review takes place in the presence of the detainee on the Review Officer's behalf.
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THE DETENTION CLOCK
There are differing provisions in respect of the operation of the detention clock for both: * Non-terrorism suspects; and * Terrorism suspects.
240
Non Terrorism Offence: Start?
Relevant time Depends on the circumstances
241
Volunteers Who Are Subsequently Arrested At The Police Station?
Time of arrest
242
In Force Arrests?
The relevant time will be the sooner of either: The time of the suspect's arrival at the first police station in the police area where the offence is being investigated. 24 hours after the suspect's arrest.
243
Definition Of Arrival?
Within the boundary of either: Any building Enclosed yard ...which forms part of that police station.
244
Arrested Outside The Force In Which They Committed The Offence?
The relevant time will be the sooner of either: The time of the suspect's arrival at the first police station in the police area where the offence is being investigated. 24 hours after the triggering event.
245
3 Triggering Events?
Arrest Leave Enter
246
Leave Trigger
Offence 1 > Offence 2> Arrest> Interview for offence 1> Interview for offence 2
247
Persons Answering Street Bail?
Time of arrival at the police station specified in the street bail notice.
248
Stopping & Restarting?
STOP > Transported to or from hospital, or is attending hospital provided no_questioning has taken place at the time. STOP > Release on bail. GO > Time of re-arrival.
249
Basic Detention Period?
24 hours Summary Offences — Cannot extend Indictable Offences — Can extend
250
Grounds For Extension?
Criteria 1 There is insufficient evidence to charge. Criteria 2 The grounds for detention are still present. Criteria 3 The investigation being conducted diligently and expeditiously.
251
Initial Extension
Superintendent or above responsible for the station
252
Duration? Up to 12 hours Timing?
Earliest Point After the second review has been carried out. Latest Point Before the expiration of the basic 24 hour detention period
253
Pre Authorisation Action?
Reminder of the right to legal advice. Extending detention Reviews
254
Warrant Applications To The Magistrates Court?
Initially up to a further 36 hours. Further extensions up to a global maximum of 96 hours.
255
Timeline
0 Relevant time 24 Basic period 36 Supt auth 72 Warrant mags 96 Warrant mags
256
Terrorism Offences
Relevant Time? Time of arrest Basic Detention Period? 48 hours
257
SPECIAL RESTRICTIONS ON QUESTIONING
SPECIAL RESTRICTION 1 - CODE C PARAGRAPH 14.1 If a person is arrested by one police force on behalf of another and the lawful period of detention has not yet commenced - no questions may be put to them about the offence while they are in transit between the forces - except to clarify a voluntary statement they make. Put simply - this means that you can't interview a suspect whilst in transit back to the force where they are wanted during the travelling window - but please note the caveat whereby it is permissible to seek clarification in respect of any voluntary statement made in transit. SPECICAL RESTRICTION 2 - CODE C PARAGRAPH 14.2 A person who is in police detention at a hospital may not be questioned without the agreement of a responsible doctor.
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REVIEW OBLIGATIONS
DIFFERING PROVISONS There are differing provisions in respect of the operation of the review clock for both: * Non terrorism suspects; and * Terrorism suspects.
259
Non Terrorism Offences
Before Charge Inspector After Charge Custody Officer
260
Timing?
Time detention authorised 1st - Within 6 hours Later reviews Within 9 hours
261
Bringing forward reviews
unrestricted power 9am 12pm 3pm 9pm 12pm Next review within 9 hours of when the prior review actually took place
262
Delaying Reviews?
Limited grounds *It is not practicable to conduct a review. *No review officer is readily available. *The detainee is in the process of being questioned and the review officer is satisfied interrupting would prejudice the investigation.
263
Knock on effect?
6am 12pm 3pm 9pm 12am Next review within 9 hours of backstop of when the prior review should have taken place
264
Stopping & Restarting?
STOP - Bailed GO - Detention re-authorised
265
Terrorism Offences
1st - ASAP after arrest Later - 12 hours Warrant obtained - Reviews cease
266
Rank Of Review Officer?
If the review takes place w/thin 24 hours a warrant for further detention has not been obtained Inspector If the review takes place after 24 hours a warrant for further detention has not been obtained Superintendent
267
Remote Reviews?
Pre charge non terrorism reviews only X Post charge reviews X Terrorism reviews
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REVIEW OBLIGATIONS IN RESPECT OF VOLUNTEERS WHO ARE NOT IN POLICE DETENTION
WHO CAN ACT AS THE REVIEW OFFICER? When a person is at a police station but is not in police detention (i.e. is not under arrest) – reviews can be conducted by a Custody Officer.
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REVIEWS & REPRESENTATIONS
WHO CAN MAKE REPRESENTATIONS TO THE REVIEW OFFICER WHEN A REVIEW IS CONDUCTED? The Review Officer must give any of the following the opportunity to make representations: * The detainee - (unless they are asleep) NB – note how this differs to extensions of detention; * The detainee’s solicitor - automatically if they are available; * The appropriate adult - automatically if they are available; or * Any other person having an interest in the detainee’s welfare - at the Review Officer’s discretion). METHOD OF MAKING REPRESENTATIONS The representations may be made either: * Orally in person; * Orally by telephone; or * In writing. REFUSING TO HEAR REPRESENTATIONS The Review Officer may refuse to hear representations from the detainee if they are unfit to make representations because of their: * Condition; or * Behaviour.
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Determining Whether There Is Sufficient Evidence To Charge?
Full Code Test Guidance on whether there is sufficient evidence to charge is provided by the 2 criteria of the Code of Crown Prosecutors full code test: * There must be sufficient evidence to provide a realistic prospect of a conviction; and * It must be in the public interest to prosecute.
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Action To Be Taken By The Officer In Charge Of The Investigation Where There Is Sufficient Evidence To Charge Code C Paragraph 16.1
Single Offence Investigated When the officer in charge of the investigation (OIC) reasonably believes that there is sufficient evidence to provide a realistic prospect of conviction - they shall without delay - inform the Custody Officer who will be responsible for considering whether the detainee should be charged. Multiple Offences Investigated When a person is detained in respect of more than one offence - it is permissible to delay informing the Custody Officer until the conditions are satisfied in respect of all the offences.
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Options Available To The Custody Officer Where There Is Sufficient Evidence To Charge Section 37(7) & 37(7)(a-d) PACE 1984 3 options
Option 1 Either * Release them without charge and on bail; or * Keep them in police detention ..to enable the DPP (i.e. CPS) to make a charging decision. Option 2 Release them either. * Without charge and without bail -- unless the preconditions of bail are satisfied; or * Without charge and on bail — but not for the purpose of enabling the DPP (i.e. CPS) to make a charging decision. Option 3 Charge them.
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Duration Of Detention Where There Is Sufficient Evidence To Charge? Code C Note 16AB
Duration Of Detention? A Custody Officer who determines that there is sufficient evidence to charge the detainee - may detain that person for no longer than is reasonably necessary to decide how that person is to be dealt with under PACE, section 37(7)(a) to (d). including, where appropriate. consultation with the Duty Prosecutor. The period is subject to the maximum period of detention before charge.
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Action To Be Taken By The Custody Officer Where The Detainee Is Bailed To Allow Consultation With The DPP Code C Paragraph 16.1B
Timing? Where charging decisions are referred to the CPS consultation should take place as soon as is reasonably practicable. Action To Be Taken Where The CPS Is Unable To Make A Charging Decision? The detainee must either: * Be released without charge on bail (conditions may be attached) — providing a ABP is in place; or * Be informed that they are being released without bail. Action To Be Taken By The DPP When They Decide That There Is Sufficient Evidence To Charge? The DPP (i.e. CPS) must: * Make a further decision whether to either: * Charge; or * Caution. * Having made their decision - provide a written notice of their decision to the officer involved in the case. Action To Be Taken By The DPP When They Decide There Is Insufficient Evidence To Charge Or They Wish To Caution? The Custody Officer must provide the person with a notice in writing - stating that they will not be prosecuted.
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Action Upon Charge Administering A Caution Upon Charge Code C Paragraph 16.2
When the detainee is either * Charged; * Informed that they may be prosecuted for an offence they shall be given the standard caution. .. unless a restriction applies on the drawing of adverse inferences from silence under Annex — if so they will be given the modified caution and a record shall be made of any comments made by the detainee when charged.
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Issuing A Written Notice Upon Charge Code C Paragraph 16.3
Who Shall Be Supplied With The Written Notice? Upon charge - a written notice shall be given to: * The detainee; and * Their appropriate adult - if present. Contents Of The Written Notice? * The offence; * The officer's name - unless this places the officer in danger -- if so warrant or ID number and name of the station is given instead; and * The case reference number.
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Bail Decision Following Charge
2 Options Once the detainee is charged they must be released within a reasonable period of time unless they are refused bail pending their 1st appearance in the Magistrates Court.
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Simple Cautions Eligibility Criteria
Who Can A Simple Caution Be Given To? A person aged 18 or over who admits committing an offence.
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What Categories Of Offences Can A Simple Caution Be Issued In Respect Of?
Ministry of Justice Guidelines Simple cautions are generally intended for low level, mainly first-time offending the assessment of the seriousness of the offence is the starting point for considering their appropriateness. Summary Offences Yes Simple cautions can be administered for summary offences. Either Way Offences Simple cautions can only be administered for either way offences specified by order of the Secretary of State - if there are exceptional circumstances relating to either the person or the offence. Indictable Offences No Simple cautions cannot be administered for indictable offences.
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Pre-requisites To Issuing A Simple Caution? 2 factors
Factor 1 - Admission Of Guilt There must be a clear admission of guilt. (NB - the case should still be fully investigated). Provided there is clear evidence of an admission of guilt it is possible to caution even if there had not been a formal interview. Factor 2 - Seriousness Considered The seriousness of the offence must be considered to determine whether a simple caution would be an appropriate response.
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Action To Be Taken If, After The Case Has Been Referred To The CPS For A Charging Decision — The CPS Decide The Suspect Shall Be Cautioned?
Notification Obligations The officer involved in the investigation shall be notified in writing by the CPS of the offence in respect of which the person shall be cautioned.
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Action To Be Taken Upon Issuing A Simple Caution?
Explanation Provided * The implications of accepting the caution should be explained prior to acceptance - to ensure that the acceptance is fully informed. * The offender should be warned that a court has the power to overturn the caution.
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Conditional Cautioning
Who Has The Power To Issue A Conditional Caution? Both: * An authorised person - i.e. Sergeant or above; and * A prosecutor - i.e. CPS staff authorised by the DPP.. What Action Can They Take? .have the power to halt an investigation in relation to an offence committed by a person aged 18 or over in order to issue a caution to them with I or more conditions attached. Purpose Of Issuing A Conditional Caution? ...in order to provide the person with the opportunity to comply with the condition(s). Consequence Of Compliance If they comply with the conditions the prosecution is not re-commenced. Consequence Of Non-Compliance If they fail to comply with the conditions - without a reasonable excuse: * A constable can arrest them without warrant; * The conditional caution is withdrawn; and * Proceedings are re-commenced.
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What Categories Of Offences Are Eligible For A Conditional Caution?
Summary Offences A Sergeant or above can offer a conditional caution for summary offences. Either Way Offences A Sergeant or above can offer a conditional caution for all either way offences. Serious Either Way Offences * If it is a serious either way offence an Inspector or above must certify that there are exceptional circumstances to warrant a conditional caution. * Also serious either way offences can be dealt with via a conditional caution under the Foreign National offender provisions. Indictable Offences Only a Deputy Chief Crown Prosecutor can grant a conditional caution for an indictable offence -- but only: * If they certify there are exceptional circumstances; or * Under the Foreign National offender provisions.
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What Offences Are Not Eligible For A Conditional Caution?
2 Categories Of Offences Hate crime Domestic violence
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Criteria For Halting Proceedings & Issuing A Conditional Caution? 8 Steps
Step 1 There is sufficient evidence to charge the offender with the offence. i.e. to provide a realistic prospect of conviction under the Full Code Test. Step 2 The suspect either: * Has made a clear and reliable admission — and has said nothing that could be used as a defence; or * Has not made an admission * but: * Has not denied the offence or otherwise indicated that it will be contested; and * The commission of the offence and the identification of the offender can be established by reliable evidence I good quality visual recording step 3 They must be satisfied that — if in the event of the offer of the conditional caution being either: * Declined; or * Accepted — but the offender does not thereafter adhere to their conditions ...that a prosecution would both' * Continue to be necessary. and * Could go ahead Step 4 Issuing a conditional caution is in the public interest — as the conditions Will either: * Provide reparation to the victim or community. Modify offending behaviour; * Ensure the departure and non-return of a foreign offender from the UK. or * Provide an appropriate penalty Step 5 In all the circumstances of the case a conditional caution appears to be an appropriate and proportionate response to the offending behaviour. step 6 Account should be taken of previous convictions and cautions. NB -- previous convictions or cautions do rule out the issuing of a conditional caution particularly if they are more than 2 years old, or a conditional caution will change the pattern of offending behaviour. Step 7 If steps 1-7 are all satisfied a conditional caution shall be issued - unless it is determined that the case is too serious for a conditional caution to be appropriate. The more serious an offence — the less likely a conditional caution will be appropriate. If either: * An immediate custodial sentence; or * High level community order -are the appropriate penalties for the offence — then a conditional caution should not be offered unless either: * Exceptional circumstances apply; or * Foreign national offender removal provisions apply Relevant Factors * Extent Of culpability and harm caused'. * Degree Of intent or foreseeability Of harm: * Any significant aggravating and mitigating factors: * Lack Of recent similar convictions or cautions. * Any factors that would impact upon sentence: and * Whether the circumstances warrant being dealt with in open court.
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When Can Photographs Be Taken?
Detainee at police station: Elsewhere than at a police station if * Arrested by a constable for an offence; * Taken into custody by a constable after being arrested for an offence by a person other than a constable; * Made subject to a requirement to wait with a PCSO; * Given a penalty notice by a constable in uniform, PCSO, or accredited person.
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Head Or Face Coverings?
The officer may require the person to remove any: Item Substance ...worn either: On Over ...either: All of Any part of ...either their: Head Face
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Refuse To Remove?
Force can be used to remove.
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Is Consent Required?
General Rule Try to obtain consent. Exception *Consent is withheld; or *It is not practicable to obtain their consent ...can use reasonable force to either. *Take a photograph; or *Remove the item.
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What purposes may the photographs be used for?
Purpose 1 The prevention or detection of crime Purpose 2 The investigation of offences Purpose 3 The conduct of prosecutions by or on behalf of: >police; or >other law enforcement and prosecuting authorities; ...either inside or outside the UK Purpose 4 The enforcement of any sentence or order made by a court
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Information To Be Provided Before Taking A Photograph?
Fact 1 Purpose of taking the photograph Fact 2 Purposes for which the photograph may be used, disclosed or retained ...unless the photograph is to be taken covertly without consent. If so, the person must be informed ASAP after the photograph is taken.
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RECORDING OBLIGATIONS FOLLOWING THE TAKING OF A PHOTOGRAPH
CONTENTS OF THE RECORD A record must be made when a detainee is photographed which must include: * The identity of the officer carrying out the taking of the photograph; * The purpose of the photograph and the outcome; and * Either the detainee’s consent to be photographed, or the reason the person was photographed without consent. If force is used when taking a photograph a record shall be made of both: * The circumstances; and * Those present.
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Testing For The Presence Of Class A Drugs
What Form Of Specimen Can Be Taken? Urine Non intimate sample
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Where Must The Suspect Be?
In police detention
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Why Is The Specimen Being Taken?
Purpose of ascertaining if they have any specified class A drug in their body: * Cocaine; or * Di-amorphine.
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At What Juncture Can The Requirement Be Made?
18 or over Arrested Charged 14 or over but under 18 Arrested Charged
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Is Authority Required To Obtain The Specimen?
It depends on whether or not the offence is a "DVTFA trigger offence". * If IS DVTFA offence no authorisation required. * If DVTFA offence -- Inspector or above.
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Grounds For The Inspector Or Above To Authorise For Non DVTFA Offences?
An Inspector or above may authorise if they have reasonable grounds for suspectinq that the misuse of a class A drug has either caused or contributed to the commission of the offence.
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Method Of Granting Authority?
The Inspector or above may grant authorisation either: * Orally; or * In writing. * If initially given orally — must be backed up in writing ASAP thereafter.
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DVTFA Trigger Offences?
Drugs offences Vagrancy offences Theft offences Fraud offences Attempts
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* Drugs offences
Production or supply of controlled drugs Possession Of controlled drugs Possession Of controlled drugs with intent to supply
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Vagrancy offences
Begging Persistent beggin
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Theft offences
Theft Burglary Aggravated burglary TWOC Aggravated TWOC Handling stolen goods Robbery Going equipped
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Fraud offences
Fraud Possession of articles for fraud Making or supplying articles for frauds
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Attempts
Attempted theft Attempted robbery Attempted burglary Attempted handling stolen goods Attempted fraud
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Notification Provisions
Who Must Be Supplied With Notification? Both: * The detainee; and * Any appropriate adult. Information To Be Supplied In The Notification? 4 facts Fact 1 The purpose of taking the specimen (i.e. drugs testing). Fact 2 Warn them that if they fail to provide the specimen they may be prosecuted. Fact 3 If authority was required from an Inspector or above (because the offence is non DVTFA triggering) — that it has been given. Fact 4 Remind them of the rights to: * Have somebody informed of their whereabouts; * Legal advice; and * Consult the Codes.
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Taking The Specimen From A Juvenile
Action To Be Taken In The Presence Of The Appropriate Adult? The following steps must take place in the presence of an appropriate adult: * The making of a request for the specimen; * The provision of the warning of the consequences of refusing to provide the specimen; and * The actual taking of the specimen. Can Force Be Used To Obtain A Specimen Without Consent? No .but an offence will be committed if the refusal is without good cause. Timing? Before Charge Within 24 hours of arrest. After Charge A person may be detained for up to 6 hours after charge.
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Action To Be Taken When The Test Is Positive Drugs Misuse Assessment
Where a person has tested positive for a specified class A drug a police officer may at any time before the suspect's release from the police station impose a requirement to attend: *An initial assessment of their drug misuse; and *A follow up assessment of their drug misuse. When Will It Be Unnecessary To Attend The Follow Up Assessment? They will not have to attend if they are informed during the initial assessment that it will not be necessary Information To Be Supplied Prior To The Initial Assessment? 3 facts Fact 1 Inform them of the time and place of the initial assessment. NB — can be altered by supplying a notice in writing. Fact 2 Warn them that they will be liable to prosecution if they fail without good cause to both attend and remain at either: * The initial assessment; or * Follow up assessment - (if still required). Fact 3 Explain that the information will be confirmed in writing in a notice that will be supplied prior to their release from detention.
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X Rays & Ultrasound Scans Code C Annex K
Options * x-Ray * Ultrasound scan Who Can Be Requested To Comply? Persons who are both: * Arrested; and * In police detention. Rank of Authorising Officer? Inspector or above Ground? Reasonable grounds for believing both of 2 things. Belief 1 The detainee may have swallowed a Class A drug. Belief 2 The detainee was in possession of the Class A drug with the intention to either: * Supply to another; or * Export.
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Is The Detainees Consent Required?
Yes Written consent.
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Who Can Carry Out An X-Ray Or Ultrasound Scan?
* Registered medical practitioner * Registered nurse
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Where Can An X-Ray Or Ultrasound Scan Be Conducted?
* Hospital * Surgery * Other medical premises NOT at a Police Station
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Information To Be Supplied Prior To Conducting The X-Ray Or Ultrasound Scan?
Who Can Supply The Information To The Detainee? * Police officer * Designated detention officer
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What Information Must Be Supplied? 4 facts
Fact 1 That authority has been given. Fact 2 The grounds for the authority. Fact 3 That if they refuse without good cause their refusal might harm their case if it comes to trial. (i.e. - adverse inferences will be generated from their refusal) Fact 4 If the detainee is not legally represented: * They must be reminded of their right to legal advice; and *The reminder must be noted in the custody record.