12ZB In considering whether the use of the live link is appropriate in a particular case, the custody officer, in consultation with the interviewer, should make an assessment of the detainees ability to understand and take part in the interviewing process and make a record of the outcome. A suitable sample is one which by its nature, is suitable for a particular form of drug analysis. (b) Each decision must take account of the age, gender and vulnerability of the suspect, the nature and circumstances of the offence and the investigation and the impact on the suspect of carrying out the interview by means of a live link. 1GC When a person is under the influence of drink and/or drugs, it is not intended that they are to be treated as vulnerable and requiring an appropriate adult for the purpose of paragraph. In this case, action to secure the provision of advice if so requested by the appropriate adult shall be taken without delay in the same way as when requested by the person. 7 Piece Set 3.8 (200) 50+ bought in past month $23499 ($234.99/Count) FREE delivery Apr 18 - 21 15B The detention of persons in police custody not subject to the statutory review requirement in paragraph 15.1 should still be reviewed periodically as a matter of good practice. The record shall include the date time and place the action was taken, who was present and anything said to or by the suspect and to or by those present. Whenever the restriction either begins to apply or ceases to apply after a caution has already been given, the person shall be re-cautioned in the appropriate terms. This means that if the acquired gender is the male gender, the persons sex becomes that of a man and, if it is the female gender, the persons sex becomes that of a woman and they must be treated as their acquired gender. This warning may be given by a police officer or member of police staff. 12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the provisions of any of the Codes, or it comes to the interviewers notice that the interviewee may have been treated improperly, the interviewer should: (i) record the matter in the interview record; and. If, on the occasion of being charged with or informed they may be prosecuted for any offence, the person asks to make a statement which relates to any such offence they shall before starting be asked to sign, or make their mark to, the following: (a) unless the restriction on drawing adverse inferences from silence applied, see Annex C. when they were so charged or informed they may be prosecuted: I,. Note: If a juveniles parent is estranged from the juvenile, they should not be asked to act as the appropriate adult if the juvenile expressly and specifically objects to their presence. 1.1 A A custody officer must perform the functions in this Code as soon as practicable. The term includes, but is not limited to, transsexual people. 16C There is no power under PACE to detain a person and delay action under paragraphs 16.2 to 16.5 solely to await the arrival of the appropriate adult. Web pace ready meals discontinued. A person may however be asked if they want to make such a statement. 8C The Detention and Custody Authorised Professional Practice (APP) produced by the College of Policing (see http://www.app.college.police.uk) provides more detailed guidance on matters concerning detainee healthcare and treatment and associated forensic issues which should be read in conjunction with sections 8 and 9 of this Code. (b) Their right to free (see Note 3J) legal advice by: (i) explaining 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 to have the solicitor present during the interview; (ii) asking if they want legal advice and recording their reply; and, (iii) if the person requests advice, securing its provision before the interview by contacting the Defence Solicitor Call Centre and explaining that the time and place of the interview will be arranged to enable them to obtain advice and that the interview will be delayed until they have received the advice unless, in accordance with paragraph 6.6(c) (Nominated solicitor not available and duty solicitor declined) or paragraph 6.6(d) (Change of mind), an officer of the rank of inspector or above agrees to the interview proceeding; or. A note should be made in the detainees custody record of the fact that documents or materials have been made available under this sub-paragraph and when. You will see that it does not say anything about your defence being harmed.. (i) representations are made that a live-link should not be used to carry out the interview, or that at any time it is in use, its operation should cease and the physical presence of the interviewer arranged; and. If the period is interrupted in accordance with (a), a fresh period must be allowed. (ii) in all other cases, by allowing those who are given the opportunity to make representations, to make their representations orally by means of the live link. 11.5 No interviewer may try to obtain answers or elicit a statement by the use of oppression. 8.1 So far as it is practicable, not more than one detainee should be detained in each cell. The authorisations to which this applies are the same as those described at items (i)(a) to. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. 17.18 When imposing a requirement to attend an initial assessment and a follow-up assessment the police officer must: (a) inform the person of the time and place at which the initial assessment is to take place; (b) explain that this information will be confirmed in writing; and. The search shall be conducted with proper regard to the dignity, sensitivity and vulnerability of the detainee including in particular, their health, hygiene and welfare needs to which paragraphs 9.3A and 9.3B apply. 3E The Detention and Custody Authorised Professional Practice (APP) produced by the College of Policing (see http://www.app.college.police.uk) provides more detailed guidance on risk assessments and identifies key risk areas which should always be considered. the translation of essential documents (see paragraph 13.10B and Annex M). Particular care must be taken when deciding whether to use any form of approved restraints on a vulnerable person in a locked cell. (c) If at any time (including during the search or carrying out the procedure or requirement) there is doubt as to whether the person should be treated, or continue to be treated, as being male or female: (i) the person should be asked what gender they consider themselves to be. This applies even if the detainee has declined legal advice or, having requested it, subsequently agreed to be interviewed without receiving advice. They must be given the same information as that given to the juvenile and the appropriate adult in accordance with paragraph 15.11E. may not take place except in the presence of an appropriate adult. (b) an officer of superintendent rank or above has reasonable grounds for believing that: lead to interference with, or harm to, evidence connected with an offence; lead to interference with, or physical harm to, other people; lead to serious loss of, or damage to, property; lead to alerting other people suspected of having committed an offence but not yet arrested for it; hinder the recovery of property obtained in consequence of the commission of an offence. is brought to a police station under arrest; is arrested at the police station having attended there voluntarily; or. The obligation to transfer a juvenile to local authority accommodation applies as much to a juvenile charged during the daytime as to a juvenile to be held overnight, subject to a requirement to bring the juvenile before a court under PACE, section 46. The interviewer is responsible for ensuring that that the signed copy and the original record made by the interpreter are retained with the case papers for use in evidence if required and must advise the interpreter of their obligation to keep the original record securely for that purpose.; For sub-paragraph (b), substitute: A clear legible copy of the complete statement shall be sent without delay via the live-link to the interviewer. [The regulations are currently contained in regulation SI 2001 No. https://www.gov.uk/government/publications/mental-health-act-1983-implementing- changes-to-police-powers. 10.4 As required by Code G, section 3, a person who is arrested, or further arrested, must also be cautioned unless: (a) it is impracticable to do so by reason of their condition or behaviour at the time; (b) they have already been cautioned immediately prior to arrest as in paragraph 10.1. 13.1 A The arrangements must comply with the minimum requirements set out in Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (see Note 13A). This would include any solicitor, appropriate adult and health care professional and is particularly relevant to communication by telephone or by means of a live link (see paragraphs 12.9A (interviews), 13.12 (interpretation), and 15.3C, 15.11A, 15.11B, 15.11C and 15.11D (reviews and extension of detention)). A sufficient sample is sufficient in quantity and quality to enable drug-testing analysis to take place. As soon as practicable after the person has been charged or reported. (ii) does not appear to understand the significance of what they are told, of questions they are asked or of their replies: (iii) 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. 7. 9.9 If a detainee is required to take or apply any medication in compliance with clinical directions prescribed before their detention, the custody officer must consult the appropriate healthcare professional before the use of the medication. See Note 17C. An officer who takes the decision to exclude an appropriate adult must be in a position to satisfy the court the decision was properly made. They must be adequately lit, subject to such dimming as is compatible with safety and security to allow people detained overnight to sleep. 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. Each decision must take account of the age, gender and vulnerability of the suspect, the nature and circumstances of the offence and the investigation and the impact on the suspect according to the particular purpose(s) for which the suspect requires the assistance of an interpreter and the time(s) when that assistance is required (see Note N1). These rights may be delayed only for as long as grounds exist and in no case beyond 36 hours after the relevant time as in PACE, section 41. 10F The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects who have been arrested by a constable or an officer of Revenue and Customs and are given the relevant warning by the police or Revenue and Customs officer who made the arrest or who is investigating the offence. The custody officer must make sure a person receives appropriate clinical attention as soon as reasonably practicable if the person appears to be suffering from a mental disorder or in urgent cases immediately call the nearest appropriate healthcare professional or an ambulance. whether another interpreter should be arranged or another translation should be provided when a suspect complains about the quality of either or both, see paragraphs 13.10A and 13.10C. See Note 6K. Where the use of the Welsh Language is appropriate, the following form of words may be used: Nid oes rhaid i chi roi caniatd i gael eich archwilio, ond maen rhaid i mi eich rhybuddio os gwrthodwch heb reswm da, y gallai eich penderfyniad i wrthod wneud niwed ich achos pe bain dod gerbron llys.. This must take account of the dignity of the detainee. Where the Crown Prosecutor is unable to make the charging decision on the information available at that time, the detainee may be released without charge and on bail (with conditions if necessary) under section 37(7)(a). Mental Health Act 1983 (Places of Safety) Regulations 2017. www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention. In these cases, the responsibilities of the custody officer are, if appropriate, assigned to the interviewer. 3.10 Risk assessment is an ongoing process and assessments must always be subject to review if circumstances change. The provisions of paragraph 13.13 shall apply to communications between the interviewing officer, the suspect and anyone else whose presence at the interview or, (as the case may be) whose access to any communications between the suspect and the interviewer, has been authorised by the custody officer or the interviewing officer. (c) the actions, decisions, authorisations, representations and outcomes arising from the requirements of paragraphs 12.9A and 12.9B. What is reasonable will depend on the particular circumstances. Interviewers should keep this in mind when deciding what questions to ask in an interview. Refine by. Any audio or video recording made in the custody area is not part of the custody record. 5.7 Before any letter or message is sent, or telephone call made, the detainee shall be informed that what they say in any letter, call or message (other than in a communication to a solicitor) may be read or listened to and may be given in evidence. Other records held by or on behalf of the police and other UK law enforcement authorities that might provide information relevant to the detainees safe custody, security and welfare and risk to others and to confirming their identity should also be checked.
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