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. This aims to avoid suspects being confused or unclear about what they are supposed to have done and to help an innocent suspect to clear the matter up more quickly. If they refuse and the custody officer considers, on reasonable grounds, that the interview should not be delayed, the custody officer has discretion to direct that the interview be conducted in a cell. See Note 3E and paragraph 9.14. Nothing in this Annex is to be read as authorising or permitting any police officer or any police staff who has acquired such information when acting in their official capacity to disclose that information to any other person in contravention of the GRA. https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention. Such an exchange is likely to constitute an interview as in paragraph 11.1A and require the associated safeguards in section 11. if they have asked for legal advice or (as the case may be) 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. 2A The purpose of paragraph 2.6A(b) is to protect those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to those involved. When the person has recovered from the effects of drink and/or drugs, they should be re-assessed in accordance with Annex E paragraph 1. 1.11 No part of this Code applies to a detained person: they are detained following arrest under section 41 of the Terrorism Act 2000 (TACT) and not charged; or. 3. 6D The solicitors only role in the police station is to protect and advance the legal rights of their client. Passages of essential documents which are not relevant need not be translated. must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are detained. (ii) any other procedure which requires action to be taken or information to be given that depends on whether the person is to be treated as being male or female; then the gender of the detainee and other parties concerned should be established and recorded in line with Annex L of this Code. 4. (iii) the detainee has given their consent to the live link being used (see paragraph 15.11D). This must take account of the dignity of the detainee. 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.; After the first sentence, insert: A clear legible copy of the certified record must be sent without delay via the live-link to the interviewer. The audio recording required by that Code is sufficient. For this reason, the custody officer must consider whether the ability of the particular suspect, to communicate confidently and effectively for the purpose of the interview is likely to be adversely affected or otherwise undermined or limited if the interviewing officer is not physically present and a live-link is used (see Note 12ZB). 4A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear the custody officer will have continuing duties in relation to that detainee or when that detainees behaviour or offence makes an inventory appropriate. 2. (c) the actions, decisions, authorisations, representations and outcomes arising from the requirements of paragraphs 12.9A and 12.9B. If the period is interrupted in accordance with (a), a fresh period must be allowed. 13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is allowed to read the record and certify its accuracy in the event of the interpreter being called to give evidence. This section was amended by section 42 of the Criminal Justice and Courts Act 2015 with effect from 26 October 2015, and includes anyone who appears to be under the age of 18. It applies whether or not they ask for legal advice and includes any further offences that come to light and are pointed out during the voluntary interview and for which they are cautioned. When an intimate search under paragraph 2(a)(i) is carried out by a police officer, the officer must be of the same sex as the detainee (see Annex L). Such an exchange could constitute an interview as in paragraph 11.1A and would be subject to the associated safeguards in section 11 and, in respect of a person who has been charged, paragraph 16.5. 8.7 Brief outdoor exercise shall be offered daily if practicable. 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). 53.29 4.44/ptn. 6. Reasonable efforts should therefore be made to give the solicitor and appropriate adult sufficient notice of the time the decision is expected to be made so that they can make themselves available. 1.1 A A custody officer must perform the functions in this Code as soon as practicable. 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. 9CA Paragraph 9.3 would apply to a person in police custody by order of a magistrates court under the Criminal Justice Act 1988, section 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of evidence after being charged with drug possession or drug trafficking and suspected of having swallowed drugs. See paragraph 10.3 and Code G paragraphs 2.2 and 4.3; note on the custody record any comment the detainee makes in relation to the arresting officers account but shall not invite comment. Such a notification will cover either a police area as a whole or particular stations within a police area. 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. (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. In the case of a juvenile or a vulnerable person, the seeking and giving of consent must take place in the presence of the appropriate adult. The benefits of carrying out a review in person should always be considered, based on the individual circumstances of each case with specific additional consideration if the person is: (a) a juvenile (and the age of the juvenile); or, (c) in need of medical attention for other than routine minor ailments; or, (d) subject to presentational or community issues around their detention. See Note 2A. Because of the risk of unreliable evidence, it is important to obtain corroboration of any facts admitted whenever possible. 16.9 Any questions put in an interview after charge and answers given relating to the offence shall be recorded in full during the interview on forms for that purpose and the record signed by the detainee or, if they refuse, by the interviewer and any third parties present. 11.13 A record shall be made of any comments made by a suspect, including unsolicited comments, which are outside the context of an interview but which might be relevant to the offence. 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. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. 3.12 A If the detainee is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, the custody officer must ensure that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), they are informed as soon as practicable about their rights of communication with their High Commission, Embassy or Consulate set out in section 7. However, if the detainee is likely to be asleep, e.g. 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. If the arresting officer is not physically present when the detainee is brought to a police station, the arresting officers account must be made available to the custody officer remotely or by a third party on the arresting officers behalf. 9.4 When arrangements are made to secure clinical attention for a detainee, the custody officer must make sure all relevant information which might assist in the treatment of the detainees condition is made available to the responsible healthcare professional. They should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the absence of the appropriate adult if they want. The Code contained in this booklet has been issued by the Home Secretary under the Police and Criminal Evidence Act 1984 and has been approved by Parliament. A copy of the written notice embodying any charge must also be given to the appropriate adult. 7.2 A detainee who is a citizen of a country with which a bilateral consular convention or agreement is in force requiring notification of arrest must also be informed that subject to paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission, Embassy or Consulate as soon as practicable, whether or not they request it. If no specific risks are identified by the assessment, that should be noted in the custody record. Refine by. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least inspector rank considers this is not practicable and the search is to take place under paragraph 2(a)(i), in which case a police officer may carry out the search. If the detainee is a juvenile or a vulnerable person, any resulting action shall be taken in the presence of the appropriate adult if they are present at the time. 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see paragraphs 17.3 and 17.4, and whose release would be required before a sample can be taken had they not continued to be detained as a result of being arrested for a further offence which does not satisfy the arrest condition, may have a sample taken at any time within 24 hours after the arrest for the offence that satisfies the arrest condition. See Note 1H. 1.12 This Code does not apply to people in custody: (i) arrested by officers under the Criminal Justice and Public Order Act 1994, section 136(2) on warrants issued in Scotland, or arrested or detained without warrant under section 137(2) by officers from a police force in Scotland. Detailed guidance for police officers and staff concerning the conduct and recording of voluntary interviews is being developed by the College of Policing. See Note 15F. 11.12 If the appropriate adult or the persons solicitor is present during the interview, they should also be given an opportunity to read and sign the interview record or any written statement taken down during the interview.
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