Week 4.. Detention PACE Code C Flashcards
1
Q
Protected characteristics
A
Age Disability Gender reassignment Pregnancy and maternity Race Religion or belief Sex Sexual orientation
2
Q
Code c does not affect the principle that all cirizens have a duty to help police to prevent crime and discover offenders.
When an officer is trying to discover whether, or by whom, an offence has been committed, they are entitled to question any person from whom they think useful information could be obtained.
A person’s declaration that they are unwilling to reply does not alter this entitlement.
A
.
3
Q
Define police detention as per s118 pace 1984
A
A person is in police detention if he has been taken to a police stn after being arrested for an offence or after being arrested under s41 of terrorism act 2000 or:
He is arrested at a police stn after attending voluntarily at the stn or accompanying constable to it , and is detained there, or elsewhere in charge of a constable, except that a person who is at court after being charged is not in polcie detention for those purposes
Where a person is in another’s lawful custody by virtue of schedule 4 to police reform act 2002, he shall be treated as in police detention
(Sch 4 police reform act refers to power to tfr persons into the custody of investigating officers
4
Q
When would on book in, a custody written record not be made in the presence o the person detained?
A
If they are incapable of understanding, are violent, likely to become violent or in urgent need of medical attention
5
Q
If an investigating officer has any material/documents in their control which appear to undermine the need to keep the suspect in custody, who will be responsible for determining which, if any, of the documents are capable of undermining and therefore must be made available to the suspect or solicitor?
A
The authorising officer (as in officer authorising the detention)
6
Q
Children and young persons act 1933.
S1 says what
A
Requires that arrangements are made to ensure that any girl under 18 whilst detained at police station is under the care of a woman
7
Q
Up to custody officer to determine whether a Record should be made of the property a detained person has with them or has had taken from them on arest is. Any record is not required to be kept as part.of the custody record. But the custody record should note as to where any property record exists.
A
Custody officer should however be mindful of force instructions as to what needs recording and it is suggetsed that they make records to ensure against claims that property has been removed/mishandled
8
Q
S54 pace 1984?
A
Provides for the custody officer ascertaining what a detained person has with them.
Clothes and personal effects may be seized if believed the detained person may use them to: Cause injury to self or others Damage property Interfere with evidence Assist him escape
Detained person may be searched at anytime whilst in custody to ascertain the above.
Constable searching must be of same sex
9
Q
S54 pace… what isnt covered under this section ?
A
Intimate searches.
An intimate search may not be conducted ubder a54 pace.
10
Q
Who authorises a strip search ?
Who authorises an intimate search?
A
Strip search - custody officer
Intimate search - inspector
11
Q
3 levels of search in custody
A
Searches that do not include removal of more than outer clothing (includes shoes and socks)
Strip search
Intimate search
12
Q
Where is PACE are strip searches dealt with
A
Code C annex A
Para 9-12
13
Q
Intimate search? Consists of what?
A
The physical examination of a persons body orifices (other than the mouth)
Pace code c annex A.
Authorised by an inspector who has reasonable grounds for beleiving the person may have concealed on themselves:
- anything that they could or might use to cause physical injury to self or others at station
OR - A class A drug which they intend to supply to another, or to export
14
Q
Drug search
X rays and ultrasound scans
S55a PACE 1984
Code C annex K
A
Allows detained person to have an x-ray taken of them or an ultrasound scan carried out on them (or both)
15
Q
Reasonable force may be used to conduct search under what act?
A
117 pace
16
Q
every reasonable effort must be made to mininise the embarrassment a person being searched may experience
Code a. Para 3.1
A
Useful when considering how to conduct a search
17
Q
Right not to beheld incommunicado.
A
Person may have 1.person known to them informed of their whereabouts as soon as practicable
(Can have up to 2 alternatives is 1st choice cannot be contacted)
This right may be exercised EACH TIME a detainee is taken to another police station
18
Q
A record must be kept of any letters, messages, phone calls made/received or visit received.
The detainee must be asked to countersign the record
The detainee must be informed that this communication may be given in evidence.
A
.
19
Q
Who can deny /delay the detainee have a phone call / writing materials?
A
Inspector
20
Q
Right to a Solicitor.
If a jeuvenille or mentally disordered or otherwise mentally vulnerable, an appropriate adult should consider if legal advise is required.
A
If detained person says they don’t want legal advice , the appropriate adult has the right to as for a solicitor to attend if this would be in the best interests of the detainee.
(however the detainee cannot be forced to see the solicitor if they dont want to
21
Q
A detainee who wants legal advice may not be interviewed until they have received such advice unless what?
A
A superintendent has reasonable grounds for believing that the delay might:
Lead to inference with/harm to evidence or harm to other people
Lead to serious loss/ damage to property
Lead to alerting other people suspected of having committed an offence but not yet arrested
Hinder the recovery of property
Or that the superintendent believes that the delay waiting for the solicitors arrival would cause unreasonable delay to the process or investigation
Or if the specific solicitor requested cannot be contacted, have indicated they do not wish to be contacted or have declined to attend but the detainee has declined the duty solicitor then the interview may be started with agreement from inspector
22
Q
What if the detainee changes their mind and states they no longer wish to have solicitor present?
A
Inspector must speak to detainee to enquire as to reason why they have a change of mind
Informs the solicitor of change of mind
Reason for detainees change of mind to be recorded on custody record
Detainee to then confirm in writing on custody record that they wish to proceed to interviee without solicitor
Inspector to be satisfied that it is proper for interview to proceed in the circumstances and give written authority
23
Q
What must the interviewer do when detainee changes mind before interview and says no longer wants legal advice?
A
Remind of rights to legal advice.and right to change mind at any point during interview.
Ensure that it is noted on written interview record that the detainee changed their mind, that authority was given to proceed to interview.
If solicitor arrives before interview completed then detainee must be informed and a break will be taken to allow them to speak to solicitor if they wish
24
Q
When may an interviewer require a solicitor to leave the interview?
And who authorises this??
A
If their conduct is such that the interviewer is unable to properly put questions to the suspect (if the solicitors conduct prevents or unreasonably obstructs proper questions being put to detainee).
If the interviewer considers a solicitor is acting in such a way then they will stop the interview and consult a superintendent (or inspector not connected to the investigation if a superintendent is not avail).
After speaking to solicitor the officer consulted will decide if interview should continue in presence of that solicitor. If not then suspect will be give opportunity to consult another solicitor before interview continues
25
In Code C , 'Solicitor ' means...
Solicitor who holds current practicing certificate
| An accredited or probationary representative included in register of representatives maintained by the legal aid agency
26
What section of PACE provides the right for detainee to consult with solicitor
S58
27
Free legal advice will be limited to telephone advice (by criminal defence service direct CDS direct) is what circumstances?
- If detained arrested for non imprisonable offence
- If arrested drink driving (inc failing to provide and unfit)
- If detained re breach if police or court bail
- If arrested on bench warrant for fail to appear (except where sol has has clear documentary evidence available that would result in client being released from custody)
Unless the following exceptions apply in which case the defence solicitor call centre should arrange for a solicitor to attend the station to give advice:
Ie.. whereby:
- The police want to interviee the detainee or carry out an ID procedure
- The detainee needs an A.adult
- The detainee is unable to communicate over the phone
- The detainee alleges serious misconduct by police
- The investigation includes another offence not included in above list
- The solciitor assigned is already at the station
28
If a person is in police detention at hospital they may not be questioned without the agreement of a responsible doctor
.
29
If a.person is i police detention at a hospital, if questioning takes.place at hospital or on the way to/from then the period of questioning concerned counts towards the total period of detention
.
30
superintendent may give authority, at anytime after the second custody review of the detainee, to exrend the maximum detention period before charge by UP TO 12hrs for an indictable offence
PACE s42.
A further detention may only be authorised by a magistrates court in accordance with PACE s43 & 44
31
Detaining a jeuvenille or mentally vulnerable person for more than 24 hrs will be dependant on the circumstances of the case and with regards to the persons...
Vulnerability
The legal obligations to provide an opportunity for representations to be made prior to a decision to extend
The need to consider the views of any appropriate adult.
The need to consider any alternatives to police custody
32
Relevant time....
What is it?
S41 pace 1984
The time from which the period of detention is to be calculated...
Shall be
- the time the person arrives at the relevant station or
- the time 24hrs after the time of that persons arrest
Whichever is earlier
33
Relevant time
Starts when If arrested outside of england and Wales but arrested person is sought in 1 police area inside england and Wales...
Shall be..
- The time at which the person arrives at the 1ST POLICE STATION to which he is taken in the police AREA in england or wales in which the offence he was arrested for is being investigated OR
- the time 24hrs after the time of the person's entry into England and wales
Whichever is earlier
As long as he is not questioned in the area where he is arrested in relation to the offence for which he is arrested
34
Relevant time
Starts when for a Voluntary attendee who is arrested or a person who attends and is arrested at police station..
Starts at the time of arrest
35
Relevant time
Starts when for person answering bail under s30a
Time he arrives at police station
36
Relevant time
Starts when ?
(usually, unless exceptions apply such as arrested outside.of england and wales).
Starts when he arrives at the first police station to which he is taken after his arrest
37
Relevant time
When arrested in a police area inside england and wales (the 1st area) and the arrest is sought by another police area inside england and wales (the 2nd area)..
If he is taken to the second area for the purposes of investigating the offence, without being questioned in the first area about the offence...
then the relevant time will be 24hrs from the time he leaves the place where he is detained in the 1st area
OR
The time he arrives at the police station where he is taken in the second area
Whichever is the earlier
38
Relevant time under the terrorism act 2000.. starts when?
When the person is arrested !
39
If a person is arrested in.one police station in a certain force area and has also been circulated as wanted by another police station in the same.force area.... then (where the person is not wanted on warrant) when does the relevant time start.for the 2nd offence?
The same time as the orignal offence.for which he was arrested.
40
S34 PACE...
Requires the custody officer to release a person if they become aware that the grounds for detention no longer apply and that no other grounds exist for the continuing detention
(unless the person was unlawfully at large when arrested)
It is only the custody officer who can authorise the release of a detainee
41
Once the maximum detention time limit has veen reached, any prosecution will need to proceed by summons or warrant
.
42
Maximum period someone can be detained without charge .. authorised by a mags court (excluding suspected acts of terrorism which is 14days)
96hrs
43
Relevant time...
The actual time spent in custody, not a 24hr period in time.. meaning that every time a person is bailed the clock stops and then usually continues when the person reurned to custody to answer bail...
When would a fresh clock start?
If they are re-arrested for the same offence on fresh evidence..
(except at such a time as when they are returning on bail at the apponted time)
The fresh/new evidence must have come to light AFTER the suspect was released from his 1st arrest (on bail /rui)...
this new evidence must be evidence that was not available at the time the person was last in detention, or would not have been available even if all reasonable inquiries had been conducted
S47 PACE
44
When does the custody review time /clock start?
When detention is authorised
45
If arrested under s41 terrorism act 2000 then the detained person can be kept in police detention for up to 48 hrs from time of arrest without the court authorising an extension
.
46
When a warrant for further detention is applied for through mags court.. (s43 PACE) ...
the detainee and the police must be in attendance at the application
The officer must set out the following information...
The nature of the offence (must be indictable) the general nature of the evidence on which the person was arrested
What inquiries have been made
What further inquiries are proposed and...
What are the reasons for believing the continuing detention is necessary for such enquiries
47
S43 PACE allow for an application for a warrant of further detention to be made before the expiry of the 36hr period.... OR
Where it has not been practicable for the court to sit within the 36hr period, the application can be made within the next 6hrs.
But if the court feels that it would have been reasonable to make the application within the 36hr period then it must refuse the application regardless of the merits of the case
R v slough justices
48
The application for a warrant for detention CAN be made at any time.. even before the superintendents review has been carried out.
If the application is refused, it doesnt mean the person should be released straight away.
S43 PACE allows for the person to remain detained until the end of the current detention period (24 or 36hrs as applicable )
49
To apply to extend any issued warrant for further detention... the application must be made before the expiry of the extension given in the previous warrant
.
50
Terrorism cases.. extension of detention.
The court can extend the period of detention for up to 14days.
A.person arrested for terrorism.offences under s41 can be held for 48 hours before an application for extension must be made.
Extensions will normally be for 7days at a time
A superintendent or crown prosecutor must make the application to the court.
A district judge in a Mags court will hear the application for extension up to 14days
Any applications to cover a period over 14 days are heard by a high court judge.
Where detention over 14 days is authorised the detainee must be transferred to a designated prison as soon as practicable (unless the detainee requests to stay at police stn and that request can be accommodated or there are grounds to beleive tfring the person to a prison would hinder a terrorism investigation, delay charging or release.from custody, prevent the investigation being conducted diligently and expeditiously )
51
S40 PACE covers the review of detained persons in custody
Who does the review?
Inspector (not involved in the investgation)
Once the person is charged then its the custody officer
52
When is the first review.of a detainee?
2nd review?
Subsequent reviews?
No more than 6hrs after detention 1st authorised
2nd.. no more than 9hrs after the 1st review
Subsequent reviews... at intervals of not more than 9 hrs.
53
Reviews of detainees arrested on suspicion of Terrorism offences under the terrorism act 2000
1st review should be As soon as practicable after arest
and then at least every 12hrs.
After 24hrs it must be conducted by superintendent or above
Oncw a warrant of further detention is unauthorised there is no requirement for any further reviews
54
A detainee may NOT be interviewed about an offence after they have been charged with or informed they may be prosecuted for it, unless the interview is necessary to do what....
- Prevent or minimise harm or loss to some other person or the public
- to clear up an ambiguity in a previous answer or statement
- in the interests of justice for the detainee to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since they were charged or informed they might be prosecuted
55
No power under PACE to delay action /charge solely await the arrival of an appropriate adult
If appropriate adult cannot be there then consider bail to return for decision when appropriate adult is present
56
A custody officer who determines in accordance with s37b that there is sufficient evidence to charge the detainee may detain them for 'no longer than reasonably necessary' to decide how they will be dealt with, inlcuding where appropriate consultation with the duty prosecutor (cps)
Subject to maximum detention period
57
In considering if reasonably necessary to keep a detained person in detetention whilst a charging decisions is reached..
There is no breach of PACE in keeping a detained person in police detention whilst a statement is translated. The translation needs to be completed expeditiously.
.
58
Release from detention:
Where there are several suspects detained for the same job... it may be appropriate to hold all suspects until they are all interviewed before deciding whether there is enough evidence to charge any of them
.
59
Conditional cautions
May not be offered for any offence classed as a hate crime or domestic violence
.
60
Conditional cautions.
Authorised person for administering a cond. Caution?
Sergeant
61
Cond caution... can be authorised for what offences?
Summary only
Either way
(Indictable offences - where caution would be considered - must be referred to prosecutor for decision )
62
Conditional Caution
A record of previous offending should not rule out the possibility of a conditional caution , especially where there have been no similar offences during the lasr 2 years or where it appears a cond caution is likely to change the pattern of offending behaviour
.
63
Conditional cautions
Foriegn offender conditions to enforce departure from uk
Cannot be made where the offender has outstanding asylum or human rights claim to remain in the uk
The normal period not to return to the uk is 5years. In exceptional circumstances this can be 10years
64
Conditional cautions..
When Deciding whether it is a suitable response to an offence, there is a requirement for sufficient evidence to charge...
In making this assessment an auhtorised person may offer a conditional caution where....
The suspect has made a clear and reliable admission and has said nothing that could be used in defence
Or
The suspect has made NO admission BUT has not denied the offence or otherwise indicated it will be contested. AND the commission of the offence and the ID of the offender can be established by reliable evidence or the suspect can be seen clearly committing the offence on good quality visual recording
64
Conditional cautions..
When Deciding whether it is a suitable response to an offence, there is a requirement for sufficient evidence to charge...
In making this assessment an auhtorised person may offer a conditional caution where....
The suspect has made a clear and reliable admission and has said nothing that could be used in defence
Or
The suspect has made NO admission BUT has not denied the offence or otherwise indicated it will be contested. AND the commission of the offence and the ID of the offender can be established by reliable evidence or the suspect can be seen clearly committing the offence on good quality visual recording
65
Testing detainees for presence of class A drugs
Age criteria?
If arrested but.not yet charged: Over 18
If charged: over 14
66
Testing detainees for specified class a drugs
What offences?
Detainee has been arrested for a trigger offence
Or has been arrested for another offence and an inspector who has reasonable grounds for suspecting the detainees misuse of any specified Class a drug caused or contributed to the offence, has authorised the sample to be taken
67
Testing detainees for specified class a drugs
Sample type?
Urine or non intimate sample
68
Testing detainees for specified class a drugs
Authoriser?
Police officer request - for trigger offences
Inspector - for offences not on trigger list
69
Testing detainees for class a drugs
Detainee may be detained for up to how many hours from time of charge if custody officer reasonably believes detention necessary to enable a sample to be taken??
Up to 6hrs from time of charge.
If not charged and are required to be released before a sample could be taken, may have a sample taken at any time within 24hrs after the arrest
70
Testing detainees for class a drugs
Force MAY NOT be used to take any sample for purpose of drug testing.
.
71
Testing detainees for class a drugs
Trigger offences?
Offences under theft act 1968:
```
S1- Theft
S8- Robbery
S9 - Burglary
S10 - Aggravated burglary
S12 - TUMV
S12a - Aggravated vehicle taking
S22 - Handling stolen goods
S25 - Going equipped (for stealing)
```
Offences under mususe drugs act 1971:
S4- Restriction on production and supply of controlled drugs
S5 (2) - Posession controlled drug
S5 (3) - Possessions with intent to supply
Offences under fraud act 2006:
S1 - fraud
S6 - posession of articles used in fraud
S7 - making or supplying articles for use in frauds
Offences under criminal attempts act 1981:
S1 - theft
S8 - robbery
S9 - Burglary
S22 - handling stolen goods
Offences under the vagrancy act 1824:
S3 - begging
S4 - persistent begging
72
Detention officer ...
Can the do an intimate search?
Can the carry out an examination of a detainee to identify them via marks on their body (ie tattoo)?
Yes
Yes
73
Can an escort officer photograph a detainee in the same way as a constable?
Can an escort officer conduct an intimate search??
No.
No. Only a non intimate search
74
Strip search of someone under 18
Who must be present?
At least 2 people.
1 of which must be an appropriate adult
A search may only take place without an AA present if the jeuvenille signifies in the presence of the AA that they do not want them to be present during the search, and the AA agrees.
Exception:
If urgent strip search required as they are deemed a suicide risk and needs to be dressed in safety gown then only 1 person and no AA need to be present as classed as an urgent situation
75
Code C. Para 1.5 :
If anyone appears to be under 17 they shall, in absence of clear evidence that they are older, be treated as a jeuvenille for the purposes.of this.and any other code.
Code C. Para 1.5a:
If anyone appears to have attained the age of 17 and to be under 18, they shall, in absence of clear evidence that they are older, be treated as a 17year old for the purposes.of this.and any other code.
.
76
If a suspect makes a complaint in interview regarding his treatment in custody since arrest when and who should be told?
If in the course of interview a complaint is made by the person being questioned, or on his behalf, concerning the provisions of code c then the interviewer shall;
Record the complaint in interview
and then..
The interviewing officer should inform the custody officer as soon as the interview is finished.
(No need to stop the interview to do this)
The custody officer must then inform the inspector.
77
If a detained person is taken to a non designated police station and another officer (nit involved in the investigation) performs the role of custody officer ....
Who should that acting custody officer inform of these circumstances?
An Inspector at a designated police station
78
No officers of any rank other than sergeant are allowed to perform the role of custody officer where a sergeant (with no other role to perform) is in the police station
.
79
S36(3) pace states a custody officer must be a rank of sergeant
However
S36 (4) allows officers of any rank to perform the functions of a custody officer at a designated police station
There is no requirement for an officer who is a sergeant or above to supervise someone performing the role of custody officer
80
If detainee refuses legal.advice and goes into interview without solicitor... but during interview a solicitor arrives at the station and demands to see and speak with the detainee....
What happens?
Interview must be interrupted and the detainee informed of the solicitors presence and asked if they would like to see the solicitor .
The solicitors attendance and the detainee's decision must be recorded in the custody record
81
The detainee, appropriate adult or legal rep shall be permitted to inspect the original custody record provided they give reaosnable notice of the request
The entitlement to a copy of the record lasts for 12mths after the detainee's release from police detention
But no such time restrictions is mentioned in code c regarding requesting inspection of the original custody record
82
Upon a healthcare professional examining a detainee in custody.. what is / isn't recorded on the custody log in relation to the healthcare professionals examination.
Any clinical directions and advice including any further clarifications concerning the care and treatment of the detainee must be recorded in the custody record
However this does NOT REQUIRE the healthcare professional to record their clinical findings in the custody record.
Information about the Cause of any injury, ailment or condition does not need to be recorded in the custody record IF it appears capable of PROVIDING EVIDENCE of the offence
83
A Superintendent can delay a specified solcitor being informed of a detainees arrest...
The superintendent delaying this right does NOT have to be independent of the investigation
84
Where a suspect is in a place of detention and fails to answer questions... no inference will be drawn if he HAS NOT BEEN allowed the opportunity to consult a solicitor prior to being questioned
.
85
If a detainee has requested a solicitor but due to the circs surrounding the offence an urgent interview is required.. who can authorise an interview to go ahead without the solicitor present?
Superintendent
86
S56 PACE 1984
Who authorises a delay to a detained persons request to have someone informed where they are?
And what is the maximum period this can be delayed for?
Inspector
36hrs.
87
S55a PACE 1984
Allows for a person who has been arrested and is in police detention to have an x-ray or ultrasound scan if authorised by who??
And in what grounds?
And where can it be carried out ?
Inspector
If he reasonably believes that the detainee:
- may have swallowed a class a drug and
- was in possession of the class a drug with intention of supplying it to another or to export and
- the detainee's consent has been given in writing
An xray may only be taken at a hospital, surgery or other medical premsies
88
S35 PACE 1984 requires chief to designate sufficient police stations to deal with prisoners.
Police stations can be designated permanently or for any specified periods.
Can they therefore be designated for part of a day?
No. S35 does not allow for custody offices to be designated for part.of a day
Not even in cases of emergency
89
When can an intimate search be authorised?
An intimate search may only be carried out by a registered medical practitioner or a nurse... UNLESS???
```
In connection with class a drugs OR
If an inspector has reasonable grounds to believe the person may have concealed upon themselves anything they could and might use to cause physical injury to themselves or others at the station
```
An inspector considers this not practicable, in which case a police officer could carry out the search (although this is very much a last resort!!)
90
Detainees should usually be roused every hour
However if they are suspected intoxicated through drink or drugs or having swallowed a drug there are concerns for the detainee's level of consciousness, how often should they be roused?
Every 30 mins
91
The right for a detainee to have someone informed of their whereabouts can only be delayed for an indictable offence
Even if the person they want to contact is also wanted by police for the same offence and is still outstanding!!
92
After being charged, a detainee can only be questioned/interviewed again for what reasons?
- To prevent or minimise harm or loss to some other person or public
- to clear up an ambiguity in a previous answer or stmt
- in the interests of justice for the detainee to have put to them, and have an opportunity to comment on, information concerning the offence which has come to light since they were charged/informed they may be prosecuted
93
Relevant time...
What if taken to hospital straight after arrest? When does relevant time start?
Either on their detention being authorised on their arrival at a police station, or 24hours after the arrest time, whichever is sooner.
So if in hospital over 24hrs, the relevant time will becime 24hrs after the arrest time. (As this will be sooner than the time the detainee gets to the stn and his detention authorised)
94
S7 Code C.
A detainee who is a citizen of an independent commonwealth county or a national of a foreign country, including the republic of Ireland, has the right, upon request, to communicate ar any time with the appropriate High commision, Embassy or Consulate .
Such a request should be acted upon as soon as practicable
.
95
Xray!
Before a detainee is asked to give written consent to an xray or ultrasound they must be warned that if they refuse without good cause it may harm their case if it goes to trial
Who can give this warning?
A police officer or a member of police staff
96
A detainee may be medically examined by a medical practitioner of their choice, however this will be at their own expense
.
97
Pace C. Annex A
Intimate search
A Jeuvenille's consent is only valid if their parents or guardian s consent is also obtained
Unless the jeuvenille is under 14 as their parents / guardians consent is sufficient in its own right
.
98
Code C
S5 - right to have someone informed of your whereabouts
S6 right to legal advice
Can be delayed by who?
S5 - inspector.
S6 - superintendent
For no more than 36hrs from the relevant time/start of custody clock
If a jeuvenille detainee then action to inform the AA and person responsible for the jeuvenille must nevertheless be taken
Similarly the code c S7 rights of a detainee who is a citizen of independent commonwealth country or foreign national cannot be interefered with (right to have high consulate/embassy informed)
If arrested under terrorism act 2000 then it is a superintendent who can authorise delay to both these rights
99
Appropriate adult...
Purpose of presence in interview...
To advice the detainee
To observe whether intvw is being conducted properly and fairly
To facilitate communication with the detainee
100
Detainee Review
If the detention of a mentally disordered or otherwise mentally vulnerable detainee is reviewed by a review officer or superintendent, the AA must, if avail at time, be given opportunity to make representations about the need for continuing detention
..
101
A strip search of a mentally disordered or mentally vulnerable person may only take place in the absence of an AA in cases.of emergency when there is a risk of serious harm to the detainee or others.
An AA who is present at a strip search must be of the same sex as the detainee
Unless the detainee specifically requests the present of an AA of the oppisite sex
102
There is no need for an AA to be present if a person is detained S136 MHA
.
103
For mentally disordered/vulnerable detainees.... A superintendent can use their discretion to authorise the commmencement of an interview in the Approp. A's absence only in exceptional cases...
If it is necessary to avert an immediate risk of serious harm
104
Fitness for interview.
PACE C Annex G
A detainee may be at risk in an interview if it is considered that..
- Conducting the interview could significantly harm the detainees physical or mental state
- anything the detainee says in interview about their involvement or suspected involvement in the offence might be considered unreliable in subsequent court proceedings because of their physical or mental state
105
Fitness for interview.
PACE C Annex G
In assessing whether a detainee should be interviewed the following must be considered...
- How the detainee's physical or mental state might affect their ability to understand the nature and purpose of the interview, to comprehend what is being asked and to appreciate the significance of any answers given and make rational decisions about if they want to say anything
- the exten to which the detainee's replies may be affected by their physical or mental condition rather than representing a rational an accurate explanation if their involvement in the offence
- how the nature of the interview, which could include particularly probing questions, might affect the detainee
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Fitness for interview.
PACE C Annex G
Following a healthcare professionals assessment as to whether a detainee is fit for interview... it is the custody officers decision as to whether the interview goes ahead or not
Safeguards can be put in place if required.... such as a healthcare professional may go into interview with detainee, as well as AA, to monitor the detainees condition and how iy is being affected in interview
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Code C. Annex L
Establishing gender of person for purpose of a search
In law, the gender (and accordingly the sex) of an individual is their gender as registered at birth UNLESS they have been issued with a Gender recognition certificate (GRC) under the gender recognition act 2004 - in which case their gender is their acquired gender and they must be treated as per that acquired gender.
When establishing gender for purposes of a search...
- The person must be asked if they have a GRC
- if there is doubt as to whether the person should be treated as male or female they should be dealt with as that sex
If at anytime there is doubt as to whether the person should be / should continue to be treated as being male.or female:
- the person should be asked what gender they consider themselves to be.. and sign the custody record to say what sex they want to be treated as. (Or sign pnb/search record if custody record not yet opened)
- The person should be treated according to their preference UNLESS:
There are grounds to doubt that preference (i.e documents/lifestyle etc make it clear they live predominantly as a different sex to that they have stated as their preference) .. then they should be treated according to what appears to be their predominant lifestyle, not their stated preference.
If the person is unwilling to state a preference then efforts should be made to determine their predominant lifestyle and they should be treated as per their predominant lifestyle.
If none of the above apply the person should be dealt with according to what reasonably appears to have been their sex registered at birth
