Detention and Treatment of Persons by Police Officers: PACE Code C Flashcards
The detention and treatment of arrested persons are governed through what two main areas?
- PACE 1984
2. Codes of Practice
What are custody officers and what is their role?
- Responsible for treatment of prisoners detained at the police station. They must be at least rank sergeant (Section 36(3)).
- Act independently of those conducting the investigation, thereby ensuring the welfare and rights of the detained person
What does s36(4) allow for with regards to the seniority of custody officers?
It allows officers of any rank to perform the functions of custody officer at a designated police station if a sergeant is not readily available to perform them.
For cases where arrested people are taken to a non-designated police station, s. 36(7) states what?
that an officer of any rank not involved in the investigation should perform the role of custody officer.
If no such person is at the station, the arresting officer (or any other officer involved in the investigation) or the officer that released him/her under s. 30A of the 1984 Act (bail prior to being taken to a police station) should perform the role.
In these cases, an officer of at least the rank of inspector at a designated police station must be informed. It is suggested that once informed, that officer should consider the circumstances of the detained person.
Sections 38 and 39 of the Police Reform Act 2002 allow the chief officer of police of any police force to designate a relevant employee as either or both of the following:
- a community support officer;
- a policing support officer.
Designated officers are given powers to carry out certain functions that would up to this time have been carried out by police officers only.
The powers and duties that may be conferred or imposed on a community support officer or a policing support officer include any power or duty of a constable, except the following powers and functions:
- any power or duty of a constable to make an arrest;
- any power or duty of a constable to stop and search an individual or a vehicle or other thing;
- the power of a constable, under s. 36(4) of PACE, to perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them;
- any power that is exercisable only by a constable of a particular rank.
Although the titles of investigating officer, detention officer and escort officer no longer exist, it is suggested that the functions will still be performed by policing support officers.
What is the role of an Investigating Officer?
- supervisor of access to seized material to which a person is entitled, to supervise/ take themselves photograph of this.
- There is no power for a community support officer or policing support officer to arrest a detainee for further offences.
- Power for the custody officer to transfer to a designated officer responsibility for a detainee. This power includes a duty for the person investigating the offence, once the detainee is returned to the custody of the custody officer, to report back to the custody officer on how the Codes were complied with.
- To question an arrested person under ss. 36 and 37 of the Criminal Justice and Public Order Act 1994 about facts which may be attributable to the person’s participation in an offence. The designated person may also give the suspect the necessary warning about the capacity of a court to draw inferences from a failure to give a satisfactory account in response to questioning.
Although the titles of investigating officer, detention officer and escort officer no longer exist, it is suggested that the functions will still be performed by policing support officers.
What is the role of a Detention Officer?
- Powers to search detained persons, to take fingerprints and certain samples without consent and to take photographs.
- To require certain defined categories of persons who have been convicted, cautioned, reprimanded or warned in relation to recordable offences to attend a police station to have their fingerprints taken.
- To carry out non-intimate searches of persons detained at police stations or elsewhere and to seize items found during such searches.
- To carry out searches and examinations in order to determine the identity of persons detained at police stations. Identifying marks found during such processes may be photographed.
- To carry out intimate searches in the same very limited circumstances that are applicable to constables.
- To take fingerprints without consent in the same circumstances that a constable can.
- To take non-intimate samples without consent and to inform the person from whom the sample is to be taken of any necessary authorisation by a senior officer and of the grounds for that authorisation.
- To require certain defined categories of persons who have been charged with or convicted of recordable offences to attend a police station to have a sample taken.
- To inform a person that intimate samples taken from him/her may be the subject of a speculative search (i.e. this will satisfy the requirement that the person must be informed that the sample will be the subject of a speculative search).
- To photograph detained persons in the same way that constables can.
Although the titles of investigating officer, detention officer and escort officer no longer exist, it is suggested that the functions will still be performed by policing support officers.
What is the role of an Escort Officer?
- Transport arrested persons to police stations and escort detained persons from one police station to another or between police stations and other locations specified by the custody officer.
- To carry out the duty of taking a person arrested by a constable to a police station as soon as practicable.
- With the authority of the custody officer, to escort detainees between police stations or between police stations and other specified locations.
- To conduct non-intimate searches of the detainee; and to seize or retain, or cause to be seized or retained, anything found on such a search (restrictions on power to seize personal effects are the same as for police officers, as is the requirement that the search be carried out by a member of the same sex).
What section of the Police and Criminal Evidence Act 1984 requires that a person who has been arrested must be taken to a police station as soon as practicable after arrest, unless the arrested person has been released prior to arrival at the police station.
Section 30
However, not all police stations have charge rooms or facilities for dealing with prisoners.
s30 requires that prisoners who will be detained (or who are likely to be detained) for more than six hours must go to a ‘designated’ police station (a station with enough facilities).
What section of the Police and Criminal Evidence Act 1984 allows a constable to release a person who is under arrest?
Section 30A
Under the Equality Act 2010, section 149 (Public sector Equality Duty), police forces must, in carrying out their functions, have due regard to the need to…
Eliminate unlawful discrimination, harassment, victimisation and any other conduct which is prohibited by that Act.
To advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it.
To foster good relations between those persons.
The Equality Act also makes it unlawful for police officers to…
discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity, when using their powers.
BRETT is involved in an intense argument with his neighbour, ORTENZI. During the argument BRETT stabs ORTENZI causing serious injury to ORTENZI. BRETT calls an ambulance and when it arrives BRETT states to ROSE, the ambulance driver, ‘I did it, my God, I stabbed him, I’m so sorry!’. The police attend and BRETT is arrested and taken to a designated police station. In the custody area whilst being escorted to a cell, BRETT states to FLANNELLY (a detention officer) ‘I should’ve kept my cool, I’m sick, how could I have stabbed a human being!’.
Which, if any, of the statements made to ROSE and FLANNELY would be considered a ‘significant statements’ (as per Code C of the PACE Codes of Practice)?
The statement to FLANNELLY alone.
PC CHAMDAL was on uniform mobile patrol driving behind a car driven by GREGORY. The vehicle was being driven in an erratic manner so PC CHAMDAL lawfully stopped it using the power under s. 163 of the Road Traffic Act 1988. PC CHAMDAL approached GREGORY and asked who the owner of the vehicle was; GREGORY replies that he owns the vehicle. PC CHAMDAL asks GREGORY for his driving licence which GREGORY states is at his home address so PC CHAMDAL asks for GREGORY’s date of birth; GREGORY supplies his date of birth. GREGORY slurs all of his responses and PC CHAMDAL forms the suspicion that he is under the influence of drugs and arrests GREGORY for the offence of driving whilst unfit (under s. 4 of the Road Traffic Act 1988).
Considering the provisions of Code C of the Codes of Practice, at what point should GREGORY have been cautioned?
Immediately after he arrests GREGORY.
Summarise what PACE Code C says about the detention?
- A person in custody must be dealt with expeditiously, and released as soon as the need for detention no longer applies.
- A code of practice must be readily available at all police stations for consultation by police officers and staff, detained persons and members of the public.
- If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in absence of clear evidence to dispel that suspicion, the person shall be treated as such.
- If anyone appears to be under 17, they shall in the absence of clear evidence that they are older, be treated as a juvenile.
- If anyone appears to have attained the age of 17 and to be under the age of 18, they shall in the absence of clear evidence that they are older, be treated as a 17 year old.
- If a person appears to be blind, seriously visually impaired, deaf, unable to read or speak ro has difficulty orally because of a speech impairment, they shall be treated as such for the purposes of this Code in the absence of clear evidence to the contrary.
Scenario 1: A person is brought into custody who the arresting PC suspects has mental health issues owing to their behaviour, they tell this to the Sergeant. The custody sergeant asks the person if they do and they say no. The custody sergeant does not arrange any assessment.
Incorrect – if any officer has any suspicion or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in absence of clear evidence to dispel that suspicion, the person shall be treated as such.
Scenario 2: Steve Smith is brought into custody. He states that he is 18 but the custody sergeant is not convinced and thinks Steve looks 15. SMITH stats that he just looks young but is definitely 18. He has no identification to prove this. The custody sergeant marks down that SMITH is to be treated as a juvenile until confirmed otherwise.
Correct – If anyone appears to be under 17, they shall in the absence of clear evidence that they are older, be treated as a juvenile.
Does Code C apply to everyone brought into custody?
No, there are some exemptions.
- Arrested by officers under the Criminal Justice and Public Order Act 1994, s136(2) on warrants issued in Scotland, or arrested and detained without warrant under s137(2) by officers from a police force in Scotland.
- Persons arrested under the Immigration and Asylum Act 1999 in order to have their fingerprints taken.
- Whose detention is authorised by an immigration officer under the Immigration Act 1971.
- Who are convicted or remanded prisoners held in prison cells on behalf of the prison service (lockout).
- Detained for reasons of searches.
To summarise PACE Code C – Appropriate Adults:
Juveniles:
- Parent or guardian.
- A person representing the care they are in (voluntary organisation).
- Social worker attached to a local authority.
- Failing these, a responsible adult over 18.
Vulnerable adults:
- In addition to parents, a relative.
- Someone who is responsible for their care.
- Failing these, a responsible adult over 18.
Question: Stuart, a 14-year-old is arrested for shoplifting after he is identified on CCTV. His mother, Maureen is called to act as his appropriate adult. As she is waiting with you to see the custody sergeant, Maureen says, “I thought you’d be round soon, I found the stolen DVD’s in his room last night and he told me he nicked them.”
Can Maureen still act as an appropriate adult in these circumstances?
- No, Maureen should not act as an appropriate adult as she has received admissions prior to attending.
- She couldn’t be an appropriate adult either if she:
(a) Was suspected of being involved in the offence.
(b) Was involved in the investigation.
Question: Martin is 16 years old and arrested for burglary. His father is called to act as an appropriate adult. Martin also requests a solicitor. When the solicitor arrives Martin wants to speak to them by himself without his father present. The custody sergeant states that the appropriate adult must be present when he receives legal advice. Hearing this, all three go in.
Has the custody sergeant given the right advice?
- No, the custody sergeant has given incorrect advice.
- A detainee should always be given the right to consult privately with a solicitor in the appropriate adult’s absence if they wish.
- An appropriate adult is not subject to legal privilege.
Who cannot be an appropriate adult?
- Anyone who is suspected of being involved in the offence (victims/ witnesses).
- Anyone who has received admissions in relation to the offence the person has been arrested for.
- A person who is not deemed responsible.
- A police officer or someone employed by the police.
Custody Records
- A separate custody record must be opened as soon as practicable after the detainee’s arrival at the station.
- Any action by a specific rank must be noted by their name and rank on the custody record.
- The custody sergeant is in charge of the custody record’s accuracy and making sure a copy leaves with the detainee if they are transferred to a different police station. They should also record:
(a) Time and reason for transfer.
(b) Time released from detention. - The solicitor or app adult must be permitted to inspect the WHOLE of the custody record as soon as practicable after their arrival.
- When a detainee leaves police detention or is placed before a court, their legal rep or app adult shall be given, on request, a copy of the custody record (this entitlement lasts for 12 months after release).
- Any refusal by the detainee to sign the custody record must be recorded.
- Warrant number of officers can be used on the custody report if their safety is feared through identification.
