Detention and Treatment of Persons Flashcards

Question

Timing Of Duties?

Answer 1

General Rule Exception ASAP Exception * The delay is justifiable; and * Reasonable steps are taken to prevent unnecessary delay.

Answer 2

A separate custody record must be opened ASAP by the Custody Officer for each person brought before them.

Answer 3

ASAP unless otherwise stated.

Answer 4

Enter the authorising officers: *Name; and *Rank. *Timed; and either: *Signed by the maker — paper custody records; *Operator's identification — electronic records.

Answer 5

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.

Answer 6

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.

Answer 7

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

Answer 8

*Sufficient evidence to charge *Insufficient evidence to charge.

Answer 9

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

Answer 10

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

Answer 11

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.

Answer 12

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.

Answer 13

The right to consult the Codes of Practice must not delay unreasonably any: Investigative action Administrative action

Answer 14

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.

Answer 15

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.

Answer 16

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.

Answer 17

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

Answer 18

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.

Answer 19

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.

Answer 20

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.

Answer 21

Cells must be adequately: Heated Cleaned Lit and dimmed to allow overnight sleep Ventilated

Answer 22

Any of the following supplied must be of a clean and sanitary condition: Blankets Pillows Mattress Bedding

Answer 23

The detainee must be afforded access to both: The toilet Washing facilities

Answer 24

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.

Answer 25

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.

Answer 26

The detainee will be offered daily brief outdoor exercise if it is practicable.

Answer 27

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

Answer 28

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.

Answer 29

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.

Answer 30

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.

Answer 31

The Custody Officer must immediately call either: *The nearest available health care professional; or *An ambulance.

Answer 32

If the detainee requests a clinical examination, an appropriate healthcare professional must be called ASAP to assess the detainee's clinical needs

Answer 33

Yes The detainee may also be examined by a medical practitioner of their choice at their own expense.

Answer 34

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.

Answer 35

Any officer or police staff with relevant information must inform the Custody Officer ASAP.

Answer 36

The Custody Officer must still provide the information to the health care professional even when they have not asked for any information.

Answer 37

* Any risks to be considered when exercising decisions to continue detention. *When to carry out interviews; and * The need for safeguards.

Answer 38

The consultation and the outcome must be recorded in the custody record.

Answer 39

The Custody Officer must consult an appropriate healthcare professional before the use of the medication.

Answer 40

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.

Answer 41

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.

Answer 42

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.

Answer 43

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.

Answer 44

A report must be made ASAP to an Inspector or above who is not connected to the investigation.

Answer 45

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.

Answer 46

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.

Answer 47

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.

Answer 48

3 Categories Of Searches * Ordinary search * Strip search * Intimate search

Answer 49

Definition An ordinary search involves any search that is not either an: * Strip search; or * Intimate search.

Answer 50

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.

Answer 51

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.

Answer 52

*Continuing duties *Offence *Behaviour

Answer 53

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".

Answer 54

The Custody Officer must both: * Authorise the search; and * Specify the extent of the search authorised.

Answer 55

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.

Answer 56

Yes Reasonable force may be used where necessary.

Answer 57

Yes An ordinary search can always take place prior to the arrival of an appropriate adult.

Answer 58

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.

Answer 59

P - Property I - Injury & Interfere E - Evidence & Escape

Answer 60

* 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.

Answer 61

* The Custody Officer is no longer obliged to record the items removed following a search. * This is now a discretionary power.

Answer 62

A search involving the removal of more than outer clothing.

Answer 63

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.

Answer 64

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.

Answer 65

Property Injury & Interfere Evidence & Escape

Answer 66

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.

Answer 67

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.

Answer 68

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.

Answer 69

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!

Answer 70

* 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.

Answer 71

The detainee can be required to either: * Hold their hands in the air; * Open their legs; * Bend over.

Answer 72

No Physical contact with such orifices would constitute an intimate search.

Answer 73

A request must be made to the detainee to remove and hand over any items found.

Answer 74

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.

Answer 75

Yes Reasonable force may be used.

Answer 76

* The fact a strip search took place. * Those present. * Why a strip search was necessary. * The result of the search.

Answer 77

Definition Of An Intimate Search A search which consists of the physical examination of any orifice other than the mouth.

Answer 78

Inspector or above

Answer 79

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.

Answer 80

Fact 1 That authorisation has been given. Fact 2 The grounds for the authorisation.

Answer 81

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.

Answer 82

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.

Answer 83

* A Registered Medical Practitioner; or * A Registered Nurse ..should both: * Assess any risks; and * Assist in the removal of the item where necessary.

Answer 84

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.

Answer 85

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.

Answer 86

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.

Answer 87

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.

Answer 88

Property Injury & Interfere Evidence & Escape

Answer 89

General Rule Yes Exception Incommunicado Delays Code C Annex B

Answer 90

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.

Answer 91

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

Answer 92

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

Answer 93

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.

Answer 94

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.

Answer 95

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

Answer 96

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.

Answer 97

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

Answer 98

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

Answer 99

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.

Answer 100

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.

Answer 101

In the sight and hearing of a uniformed Inspector or above who is unconnected to the investigation.

Answer 102

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).

Answer 103

CAN THE CALL EVER BE TERMINATED IF IT IS BEING ABUSED? Yes - it can.

Answer 104

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.

Answer 105

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.

Answer 106

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.

Answer 107

An Inspector or above considers that they will hinder the investigation.

Answer 108

Factor 1 Can their status be satisfactorily established? Factor 2 Are they of a suitable character?

Answer 109

Notify the firm & Offer an alternative solicitor

Answer 110

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.

Answer 111

Preventing questions being posed Answering questions on behalf of the client

Answer 112

Default Consult a Superintendent or above if available. Alternative If the Superintendent or above is unavailable an Inspector.

Answer 113

Offer an alternative solicitor Discretion to inform the Law Society & Legal Services Commission

Answer 114

>Juveniles >Vulnerable persons >Deaf persons >Persons unable to speak English >Blind persons >Foreign nationals

Answer 115

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.

Answer 116

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.

Answer 117

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.

Answer 118

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).

Answer 119

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.

Answer 120

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.

Answer 121

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.

Answer 122

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.

Answer 123

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.

Answer 124

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.

Answer 125

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.

Answer 126

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.

Answer 127

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.

Answer 128

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

Answer 129

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.

Answer 130

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.

Answer 131

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.

Answer 132

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.

Answer 133

If the detainee appears to be someone who either: * Does not speak or understand English; or * Has a hearing or speech impediment.

Answer 134

The Custody Officer must without delay call an interpreter to assist in the notification steps in Code C Paragraphs 3.1 -3.5.

Answer 135

Chief Officer Responsible for making arrangements to provide appropriately qualified independent persons to act as interpreters.

Answer 136

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.

Answer 137

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.

Answer 138

All reasonable attempts should be made to make the suspect understand that interpretation and translation will be provided at the public expense.

Answer 139

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.

Answer 140

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.

Answer 141

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.

Answer 142

* 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.

Answer 143

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

Answer 144

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.

Answer 145

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

Answer 146

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.

Answer 147

* 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.

Answer 148

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

Answer 149

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

Answer 150

An arrangement to enable communication between the suspect and an interpreter who is not physically present with the suspect.

Answer 151

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.

Answer 152

"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

Answer 153

Decisions are made on a case by case basis.

Answer 154

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.

Answer 155

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.

Answer 156

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.

Answer 157

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.

Answer 158

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.

Answer 159

A record must be made of all: * Representations; * Actions; * Decisions; * Authorisations; and * Outcomes.

Answer 160

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.

Answer 161

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).

Answer 162

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.

Answer 163

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.

Answer 164

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.

Answer 165

Any request must be acted on as soon as practicable by the Custody Officer.

Answer 166

A record shall be made of both: * The informing of the rights; and * Any subsequent communication.

Answer 167

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.

Answer 168

Rights That Can Be Delayed? * Have somebody informed of their whereabouts * Telephone call I letter * Queries from outside of whereabouts * Legal advice

Answer 169

Indictable offences X Summary offences When? Prior to charge X After charge

Answer 170

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)

Answer 171

P - people E - Evidence A - Alert R - Recovery

Answer 172

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.

Answer 173

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

Answer 174

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

Answer 175

Indictable offences Summary offences

Answer 176

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.

Answer 177

All Superintendent or above except for urgent interviews away from a police station

Answer 178

People Alert Property Evidence Recovery

Answer 179

Delay Alerting People Property Evidence Recovery

Answer 180

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.

Answer 181

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.

Answer 182

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

Answer 183

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.

Answer 184

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.

Answer 185

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.

Answer 186

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.

Answer 187

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.

Answer 188

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.

Answer 189

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.

Answer 190

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.

Answer 191

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.

Answer 192

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.

Answer 193

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.

Answer 194

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.

Answer 195

* 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.

Answer 196

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.

Answer 197

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.

Answer 198

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.

Answer 199

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.

Answer 200

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.

Answer 201

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,

Answer 202

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.

Answer 203

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.

Answer 204

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

Answer 205

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.

Answer 206

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.

Answer 207

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.

Answer 208

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.

Answer 209

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.

Answer 210

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.

Answer 211

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.

Answer 212

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.

Answer 213

There are differing provisions in respect of the operation of the detention clock for both: * Non-terrorism suspects; and * Terrorism suspects.

Answer 214

Relevant time Depends on the circumstances

Answer 215

Time of arrest

Answer 216

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.

Answer 217

Within the boundary of either: Any building Enclosed yard ...which forms part of that police station.

Answer 218

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.

Answer 219

Arrest Leave Enter

Answer 220

Offence 1 > Offence 2> Arrest> Interview for offence 1> Interview for offence 2

Answer 221

Time of arrival at the police station specified in the street bail notice.

Answer 222

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.

Answer 223

24 hours Summary Offences — Cannot extend Indictable Offences — Can extend

Answer 224

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.

Answer 225

Superintendent or above responsible for the station

Answer 226

Earliest Point After the second review has been carried out. Latest Point Before the expiration of the basic 24 hour detention period

Answer 227

Reminder of the right to legal advice. Extending detention Reviews

Answer 228

Initially up to a further 36 hours. Further extensions up to a global maximum of 96 hours.

Answer 229

0 Relevant time 24 Basic period 36 Supt auth 72 Warrant mags 96 Warrant mags

Answer 230

Relevant Time? Time of arrest Basic Detention Period? 48 hours

Answer 231

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.

Answer 232

DIFFERING PROVISONS There are differing provisions in respect of the operation of the review clock for both: * Non terrorism suspects; and * Terrorism suspects.

Answer 233

Before Charge Inspector After Charge Custody Officer

Answer 234

Time detention authorised 1st - Within 6 hours Later reviews Within 9 hours

Answer 235

unrestricted power 9am 12pm 3pm 9pm 12pm Next review within 9 hours of when the prior review actually took place

Answer 236

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.

Answer 237

6am 12pm 3pm 9pm 12am Next review within 9 hours of backstop of when the prior review should have taken place

Answer 238

STOP - Bailed GO - Detention re-authorised

Answer 239

1st - ASAP after arrest Later - 12 hours Warrant obtained - Reviews cease

Answer 240

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

Answer 241

Pre charge non terrorism reviews only X Post charge reviews X Terrorism reviews

Answer 242

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.

Answer 243

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.

Answer 244

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.

Answer 245

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.

Answer 246

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.

Answer 247

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.

Answer 248

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.

Answer 249

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.

Answer 250

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.

Answer 251

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.

Answer 252

Who Can A Simple Caution Be Given To? A person aged 18 or over who admits committing an offence.

Answer 253

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.

Answer 254

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.

Answer 255

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.

Answer 256

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.

Answer 257

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.

Answer 258

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.

Answer 259

2 Categories Of Offences Hate crime Domestic violence

Answer 260

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.

Answer 261

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.

Answer 262

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

Answer 263

Force can be used to remove.

Answer 264

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.

Answer 265

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

Answer 266

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.

Answer 267

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.

Answer 268

What Form Of Specimen Can Be Taken? Urine Non intimate sample

Answer 269

In police detention

Answer 270

Purpose of ascertaining if they have any specified class A drug in their body: * Cocaine; or * Di-amorphine.

Answer 271

18 or over Arrested Charged 14 or over but under 18 Arrested Charged

Answer 272

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.

Answer 273

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.

Answer 274

The Inspector or above may grant authorisation either: * Orally; or * In writing. * If initially given orally — must be backed up in writing ASAP thereafter.

Answer 275

Drugs offences Vagrancy offences Theft offences Fraud offences Attempts

Answer 276

Production or supply of controlled drugs Possession Of controlled drugs Possession Of controlled drugs with intent to supply

Answer 277

Begging Persistent beggin

Answer 278

Theft Burglary Aggravated burglary TWOC Aggravated TWOC Handling stolen goods Robbery Going equipped

Answer 279

Fraud Possession of articles for fraud Making or supplying articles for frauds

Answer 280

Attempted theft Attempted robbery Attempted burglary Attempted handling stolen goods Attempted fraud

Answer 281

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.

Answer 282

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.

Answer 283

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.

Answer 284

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.

Answer 285

Yes Written consent.

Answer 286

* Registered medical practitioner * Registered nurse

Answer 287

* Hospital * Surgery * Other medical premises NOT at a Police Station

Answer 288

Who Can Supply The Information To The Detainee? * Police officer * Designated detention officer

Answer 289

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.

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