Detention and Treatment of Persons Flashcards

Question 1

Q

CONSENT PROVISIONS UNDER THE PACE 1984 CODES OF PRACTICE

Answer

A

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

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

Adults aged 18 or over - the suspect

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

Under 14 - parent or guardian only

Question 2

Q

Designated
Support Staff
Sections 38 & 39
Police Reform Act 2002

Answer

A

Roles?
Investigating Officer
Detention Officer
Escort Officer

Question 3

Q

Criteria For Designation?

The Chief Officer of Police must be satisfied:

Answer

A

suitable person to carry out the designated role in question
capable of carrying out the designated role in question.
received adequate training to perform the designated role in question.

Question 4

Q

Powers?

Answer

A

Only those roles as
specified in their
designation.

Question 5

Q

Can Force Be Used?

Question 6

Q

ROLES THAT MAY BE PERFORMED BY DESIGNATED STAFF

Answer

A

Investigating officer;
Detention officer; and
Escort officer.

LEARNING POINT

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

Question 7

Q

INVESTIGATING OFFICER

Answer

A

POWERS

A designated investigating officer will have the power to:

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

Question 8

Q

DETENTION OFFICER

Answer

A

POWERS

A designated detention officer will have the power to exercise:

Search of person powers;
Seizure powers;
Fingerprint powers;
Sample powers; and
Photograph powers.

Question 9

Q

ESCORT OFFICER

Answer

A

POWERS

A designated escort officer will have the power to:

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

Question 10

Q

Designation
Of Police
Stations
Section 35 PACE 1984

Answer

A

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

Question 11

Q

How Many Police Stations
Should Be Designated?

Answer

A

Sufficient
police stations to deal
with prisoners.

Question 12

Q

Duration?

Answer

A

Permanently
Specified period
Part of a day

Question 13

Q

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

Answer

A

Designated
6+ hours

Non Designated
-6 hours

Question 14

Q

role of Custody Officers

Answer

A

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

Question 15

Q

Prohibited?

Answer

A

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

Question 16

Q

Custody Officer In A
Designated Police
Station
Section PACE 1984

Answer

A

How Many?

The Chief Constable for each force:

Must

Appoint 1 Custody
Officer for each
designated police station.

May

Appoint further
Custody Officers for
each designated police
station.

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

Vince v Chief Constable of
Dorset

Question 17

Q

Who?

Answer

A

The one (1) or more
appointed Custody Officers:

Must be at least
the rank of
Sergeant

…and must not be
involved in the
investigation.

Question 18

Q

Sergeant Not Available?

Answer

A

If a Sergeant is not readily
available:

An officer of
any rank…

…who is not
involved in the
investigation.

Question 19

Q

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

Answer

A

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

Question 20

Q

Last Resort?

Answer

A

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

The arresting officer

Any other officer
involved in the investigation

Any officer who granted
suspect street
bail

Question 21

Q

Action?

Answer

A

Must inform an
Inspector or
above
at a Designated
Police Station

Question 22

Q

Definition Of A Detainee?

Answer

A

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

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

Question 23

Q

Dealing With Detainees?

Answer

A

Factor 1
Be dealt with expeditiously

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

Question 24

Q

Bringing The Suspect Before The
Custody Officer?

Answer

A

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

Question 25

Q

Timing Of Duties?

Answer

A

General Rule Exception
ASAP

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

Question 26

Q

Open Custody Record?

Answer

A

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

Question 27

Q

Timing Of Entries?

Answer

A

ASAP
unless otherwise stated.

Question 28

Q

General Rule

Answer

A

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

Question 29

Q

Exception

Answer

A

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.

Question 30

Q

Informing The Custody Officer?

Answer

A

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.

Question 31

Q

Facts To Be Recorded

Answer

A

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

Question 32

Q

Authorising Detention?

Answer

A

*Sufficient evidence to
charge
*Insufficient evidence to
charge.

Question 33

Q

Sufficient Evidence To Charge?

Answer

A

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

Question 34

Q

Insufficient Evidence To
Charge?

Answer

A

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

Question 35

Q

3 Post Authorisation Steps?

Answer

A

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.

Question 36

Q

Informing Detainees Of Their
Rights?

Answer

A

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.

Question 37

Q

Limitations On
Consulting The Codes?

Answer

A

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

Investigative action

Administrative action

Question 38

Q

Written Notice?

Answer

A

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.

Question 39

Q

Determining Whether The Detainee
Wishes To Exercise Their Rights?

Answer

A

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.

Question 40

Q

Risk Assessment?

Answer

A

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.

Question 41

Q

Implementing The Response To
The Risk Assessment?

Answer

A

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

Question 42

Q

ACCESSING THE CUSTODY RECORD

Answer

A

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.

Question 43

Q

Can More Than 1 Detainee Be
Placed In A Cell?

Answer

A

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.

Question 44

Q

Can A Juvenile Be Placed In A Cell?

Answer

A

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.

Question 45

Q

Condition Of Cells?

Answer

A

Cells must be adequately:

Heated
Cleaned
Lit and dimmed to allow overnight
sleep
Ventilated

Question 46

Q

Condition Of Bedding?

Answer

A

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

Question 47

Q

Toilet And Washing Facilities?

Answer

A

The detainee must be afforded
access to both:

The toilet
Washing
facilities

Question 48

Q

Replacement Clothing?

Answer

A

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.

Question 49

Q

Meals And Drinks?

Answer

A

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.

Question 50

Q

Exercise?

Answer

A

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

Question 51

Q

Restraining Detainees In Cells?

Answer

A

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

Question 52

Q

Checking On Detainees?

Answer

A

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.

Question 53

Q

CHECKING DETAINEES

Answer

A

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.

Question 54

Q

Mandatory Obligations
To Arrange Clinical
Attention For Detainees
Action Initiated By The
Custody Officer
Code C Paragraph 9.5 — 9.8

When Must The Custody Officer
Arrange For Clinical Attention?

Answer

A

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.

Question 55

Q

Action To Be Taken If The Need
For Attention Is Urgent?

Answer

A

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

Question 56

Q

Requests For Clinical
Attention Made By
The Detainee
Code C Paragraph 9.8

Who Must Be Contacted?

Answer

A

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

Question 57

Q

Can The Detainee Request A
Specific Doctor?

Answer

A

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

Question 58

Q

The Custody Officer’s
Obligation To Disclose
Information To Any
Appropriate Health
Care Professional
Called
Code C Paragraph 9.4

What Information Must Be
Disclosed?

Answer

A

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.

Question 59

Q

Who Must Ensure That The
Custody Officer Is Made Aware
Of All Relevant Information?

Answer

A

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

Question 60

Q

What If The Custody Officer Is Not
Asked For The Information By The
Health Care Professional?

Answer

A

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

Question 61

Q

Seeking The Opinion Of
An Appropriate Health
Care Professional
Called
Code C Paragraph 9.13

On What Matters Must The Custody
Officer Ask The Healthcare
Professionals Opinion?

Answer

A

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

Question 62

Q

Recording Obligations

Answer

A

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

Question 63

Q

Taking Medication In
Custody That Was
Prescribed Prior To
Detention
Code C Paragraph 9.9

The Obligation To Consult

Answer

A

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

Question 64

Q

Safekeeping Of The Medication

Answer

A

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 64

A

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 65

A

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 66

A

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 67

A

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

Answer 68

A

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 69

A

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 70

A

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 71

A

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

Answer 72

A

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

Answer 73

A

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 74

A

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 75

A

*Continuing duties
*Offence
*Behaviour

Answer 76

A

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 77

A

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

Answer 78

A

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 79

A

Yes

Reasonable force may be used where necessary.

Answer 80

A

Yes

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

Answer 81

A

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 82

A

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

Answer 83

A

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 84

A

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

Answer 85

A

A search involving
the removal of
more than outer clothing.

Answer 86

A

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 87

A

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 88

A

Property
Injury & Interfere
Evidence & Escape

Answer 89

A

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 90

A

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 91

A

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 92

A

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 93

A

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 94

A

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

Answer 95

A

No

Physical contact with such orifices would constitute an
intimate search.

Answer 96

A

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

Answer 97

A

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 98

A

Yes

Reasonable force may be used.

Answer 99

A

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

Answer 100

A

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

Answer 101

A

Inspector or above

Answer 102

A

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 103

A

Fact 1
That authorisation has been given.

Fact 2
The grounds for the authorisation.

Answer 104

A

Fact 1
That authorisation has been given.

Fact 2
The grounds for the authorisation.

Fact 3
Reminder of their right to free legal advice
(if they are not already legally represented).

Fact 4 - Only Applies To Drugs
Searches
Warned that if they refuse to consent without good
cause their refusal may harm their case when it comes
to trial
— i.e. adverse inferences.

Answer 105

A

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 106

A

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

Answer 107

A

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 108

A

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 109

A

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 110

A

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 111

A

Property
Injury & Interfere
Evidence & Escape

Answer 112

A

General Rule
Yes

Exception
Incommunicado
Delays
Code C Annex B

Answer 113

A

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 114

A

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 115

A

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 116

A

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 117

A

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 118

A

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 119

A

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 120

A

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 121

A

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 122

A

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 123

A

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 124

A

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

Answer 125

A

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 126

A

CAN THE CALL EVER BE TERMINATED IF IT IS BEING ABUSED?

Yes - it can.

Answer 127

A

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 128

A

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 129

A

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 130

A

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

Answer 131

A

Factor 1
Can their
status be
satisfactorily
established?

Factor 2
Are they of a
suitable
character?

Answer 132

A

Notify the firm
& Offer an
alternative
solicitor

Answer 133

A

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 134

A

Preventing
questions being
posed

Answering questions
on behalf of the
client

Answer 135

A

Default
Consult a Superintendent or above if available.

Alternative
If the
Superintendent or
above is
unavailable an
Inspector.

Answer 136

A

Offer an alternative
solicitor

Discretion to inform
the Law Society &
Legal Services
Commission

Answer 137

A

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

Answer 138

A

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 139

A

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 140

A

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 141

A

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 142

A

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 143

A

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 144

A

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 145

A

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 146

A

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 147

A

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 148

A

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 149

A

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 150

A

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 151

A

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 152

A

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 153

A

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 154

A

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 155

A

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 156

A

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

Answer 157

A

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

Answer 158

A

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

Answer 159

A

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 160

A

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 161

A

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

Answer 162

A

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 163

A

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 164

A

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 165

A

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 166

A

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 167

A

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 168

A

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 169

A

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 170

A

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 171

A

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 172

A

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 173

A

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

Answer 174

A

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 175

A

“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 176

A

Decisions are made
on a case by case basis.

Answer 177

A

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 178

A

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 179

A

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 180

A

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 181

A

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 182

A

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

Answer 183

A

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 184

A

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 185

A

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 186

A

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 187

A

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 188

A

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

Answer 189

A

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

Answer 190

A

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 191

A

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

Answer 192

A

Indictable offences
X Summary offences

When?
Prior to charge
X After charge

Answer 193

A

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 194

A

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

Answer 195

A

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 196

A

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 197

A

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 198

A

Indictable offences
Summary offences

Answer 199

A

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 200

A

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

Answer 201

A

People
Alert
Property
Evidence
Recovery

Answer 202

A

Delay
Alerting
People
Property
Evidence
Recovery

Answer 203

A

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 204

A

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 205

A

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 206

A

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 207

A

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 208

A

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 209

A

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 210

A

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 211

A

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 212

A

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 213

A

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 214

A

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 215

A

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 216

A

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 217

A

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 218

A

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 219

A

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 220

A

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 221

A

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 222

A

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 223

A

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 224

A

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 225

A

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 226

A

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 227

A

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 228

A

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 229

A

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 230

A

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 231

A

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 232

A

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 233

A

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 234

A

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 235

A

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 236

A

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

Answer 237

A

Relevant time

Depends on the
circumstances

Answer 238

A

Time of arrest

Answer 239

A

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 240

A

Within the boundary of either:

Any building

Enclosed yard

…which forms part of that police station.

Answer 241

A

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 242

A

Arrest
Leave
Enter

Answer 243

A

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

Answer 244

A

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

Answer 245

A

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 246

A

24 hours
Summary Offences
— Cannot extend

Indictable Offences
— Can extend

Answer 247

A

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 248

A

Superintendent or
above
responsible for
the station

Answer 249

A

Earliest Point
After the
second review
has been carried
out.

Latest Point
Before the
expiration of the
basic 24 hour
detention period

Answer 250

A

Reminder of
the right to
legal advice.

Extending
detention
Reviews

Answer 251

A

Initially up to a further 36
hours.

Further extensions up to a
global maximum of 96 hours.

Answer 252

A

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

Answer 253

A

Relevant
Time?
Time of
arrest

Basic
Detention
Period?
48
hours

Answer 254

A

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 255

A

DIFFERING PROVISONS

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

Answer 256

A

Before Charge
Inspector

After Charge
Custody Officer

Answer 257

A

Time detention
authorised

1st - Within 6 hours

Later
reviews
Within 9 hours

Answer 258

A

unrestricted power

9am
12pm
3pm
9pm
12pm

Next review within 9 hours of when the prior review actually took place

Answer 259

A

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 260

A

6am
12pm
3pm
9pm
12am

Next review within 9 hours of backstop of when the prior review should have taken place

Answer 261

A

STOP - Bailed

GO -
Detention
re-authorised

Answer 262

A

1st - ASAP after arrest

Later - 12 hours

Warrant
obtained - Reviews cease

Answer 263

A

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 264

A

Pre charge non terrorism
reviews only

X Post charge reviews
X Terrorism reviews

Answer 265

A

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 266

A

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 267

A

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 268

A

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 269

A

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 270

A

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 271

A

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 272

A

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 273

A

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 274

A

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 275

A

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

Answer 276

A

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 277

A

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 278

A

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 279

A

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 280

A

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 281

A

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 282

A

2 Categories Of Offences
Hate crime
Domestic violence

Answer 283

A

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 284

A

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 285

A

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 286

A

Force can be
used to
remove.

Answer 287

A

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 288

A

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 289

A

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 290

A

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 291

A

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

Answer 292

A

In police detention

Answer 293

A

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

Answer 294

A

18
or over
Arrested
Charged

14 or over but
under 18
Arrested
Charged

Answer 295

A

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 296

A

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 297

A

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 298

A

Drugs offences
Vagrancy offences
Theft offences
Fraud offences
Attempts

Answer 299

A

Production or supply of
controlled drugs

Possession Of
controlled drugs

Possession Of
controlled drugs
with intent to
supply

Answer 300

A

Begging

Persistent beggin

Answer 301

A

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

Answer 302

A

Fraud

Possession of
articles for fraud

Making or
supplying
articles for
frauds

Answer 303

A

Attempted theft

Attempted
robbery

Attempted
burglary

Attempted
handling stolen
goods

Attempted fraud

Answer 304

A

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 305

A

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 306

A

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 307

A

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 308

A

Yes
Written consent.

Answer 309

A

Registered medical practitioner
Registered nurse

Answer 310

A

Hospital
Surgery
Other medical premises
NOT at a Police Station

Answer 311

A

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

Answer 312

A

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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