Code C/ Detention & Treatment of Persons by Police Officers

Created by

Robyn Simmons

Cards (124)

What are six conditions police must meet when detaining someone under PACE Code C?
Tell the suspect why they have been arrested and detained
Allow suspect to speak to solicitor at any time
Provide written summary of rights in a language they understand
Provide any required medical care
Provide food and water
To inform someone of their arrest
To keep detainee incommunicado under PACE Code C annex B, there must be reasonable grounds for Inspector to believe...
Evidence connected with indictable offence will be interfered with
Physical harm to others may occur
Other people suspected of having committed an indictable offence, who have not yet been arrested, may be alerted
Recovery of property may be hindered
What does PACE S36(4) allow, regarding custody officers/ sergeants?
Allows any rank to perform the function of custody officer where a sergeant is not available
Under what circumstances would an officer breach PACE S36(4), regarding performing the functions of a custody officer?
Where a sergeant is readily available but the officer performs their function. This would be unlawful.
What may happen if an officer functions as a custody officer when a sergeant is readily available, thus breaching PACE S36(4)?
May lead to a claim of negligence due to a breach of Code C. If someone is injured as a result, there may be prosecution under health and safety legislation.
Who may perform the role of custody officer where an detainee has not been taken to a designated police station?
An officer of any rank who is not involved in the investigation. If no one is available, any officer involved in the investigation may perform the function, but an officer of at least inspector rank must be informed of this.
Under s38 and 39 of Police Reform Act 2002, the chief officer can appoint a designated person to carry out any of which tasks?
o Supervise access to seized material, the photographing of it, or may photograph it themselves;
o Become responsible for a detainee, if decided by custody officer;
o Question an arrested person, in relation to an offence they are suspected of, under S36 and 37 of the Criminal Justice and Public Order Act (1994). They may also warn them of inferences a court may draw.
o Use reasonable force where a constable has.
What powers can't a designated person be given?
§ Arrest;
§ Stop and search;
§ Perform functions of a custody officer at a designated police station;
§ Perform any functions that are only available to a constable of a certain rank.
What can detention officers do?
· Search detainee, fingerprint, take certain samples without consent; photograph.
o  Require certain people attend police station for fingerprints.
o  Non-intimate searches of detainees, seize items.
o  Search & examine to determine identity. Photograph identifying marks.
o  Intimate searches in the same limited capacity as a constable.
o  Fingerprint without consent.
o  Non-intimate samples without consent.
o  Require certain people charged with, or convicted of, recordable offences to attend police station for sample.
o  Photograph detainee.
True or false: an escort officer can seize and retain items found during a search of a detainee?
True - PACE
What can an escort officer do?
Conduct non-intimate searches of detainee and to seize or retain what is found. Must be same sex.
Who may consult the Code of Practice at police stations?
o   Police officers;
o   Police staff;
o   Detainees;
o   Members of the public.
How may a detainee's vulnerability be gauged?
o   Behaviour
o   Mental health and capacity;
o   What they say about themselves;
o   Info from friends and family;
o   Info from police officers and staff, and from police records;
o   Info from health and social services.
True or false: if an officer suspects a detainee to be vulnerable, has made reasonable enquiries to ascertain whether they are, but cannot prove they are not - the detainee is to be treated as vulnerable?
True
True or false: someone under the influence of drugs is considered vulnerable under Code C?
False
All appropriate adults must be independent of the police.
For a juvenile, an appropriate adult can be what?
o   Parent;
o   Guardian;
o   Person representing local authority or organisation where appropriate.
An AA cannot be someone who is what?
o   Suspected if involvement in the offence;
o   Victim;
o   Witness;
o   Involved in investigation;
o   Has received admissions prior to attending as AA.;
o   A police officer;
o   Employed by police;
o   Under direction or control of the chief officer;
o   Someone who provides services under contract to assist the police force.
For a vulnerable person, the AA can be what?
o   Relative
o   Guardian
o   Other person responsible for care or custody.
What is the role of an appropriate adult?
o   Support, advise and assist
o   Observe whether police are acting properly and fairly and respect rights and entitlements. If not, inspector or above can be told by AA.
o   Assist communication with police.
o   Helps detainee understand their rights and ensure those rights are protected.
AA is not subject to legal privilege and therefore does not have to be present during private consultation between solicitor and detainee.
AA welfare should also be considered
To which detainees doesn't Code C apply to?
o Where Code H applies (S4 of Terrorism Act 2000) and not charged;
o Arrested under Criminal Justice and Public Order Act (1994) S136(2) – warrant issued from Scotland.
o S137(2), detained by Scottish officers.
o Arrested under Immigration and Asylum Act 1999, to have fingerprints taken;
o Detention authorised under Immigration Act 1971 or Nationality, Immigration and Asylum Act 2002.
o Convicted or remanded for Prison Service under Imprisonment (Temporary Provision) Act 1980.
o Detained for stop and search, except as required by Code A.
When may a detainee be vulnerable?
They:
o   Become confused and unclear about their position;
o   Provide unreliable, misleading or incriminating info without knowing or intending to;
o   Accepting or acting on suggestions from others without consciously knowing or intending to;
o   Readily agreeing to suggestions from others.
What are some examples that a designated person can use reasonable force?
o   Keeping their detainees under control and assisting officers controlling theirs, including to prevent escape;
o   Securing detainee or assisting any police officer or designated person to secure detainee;
o   When escorting or assisting any police officer or designated person to escort detainee;
o   Saving life or limb;
o   Preventing serious damage to property.
When are custody records created?
Whenever someone is:
o   Brought into police station under arrest;
o   Arrested at the police station having attended voluntarily;
o   Answers bail.
If someone is arrested following stop and search as PACE search or TACT search, a record of the stop and search becomes part of the custody record.
Who may inspect entire custody record whilst detainee is detained?
Their solicitor and/ or appropriate adult
How long after release can a detainee, their solicitor and/ or appropriate adult access their custody record?
12 months
What continuing rights must a custody officer make detainee aware of?
o   Right to free solicitor;
o   Right to have someone informed of their arrest;
o   Right to consult the Codes of Practice;
o   If applicable, right to interpreter and translation and right to communicate with their High Commission, Embassy or Consulate.
What info should be on written notice given to detainee?
§ Right to copy of custody record;
§ Right to remain silent;
§ Right to material to effectively challenge lawfulness of arrest & detention;
§ Max time they can be kept in detention;
§ Right to medical assistance;
§ If they are prosecuted, right to see evidence before trial.
§ Conduct of interviews;
§ Circumstances for AA;
§ Entitlements in Code C: physical comfort etc;
· Personal needs for health, hygiene & welfare. Opportunity to discuss these with custody staff.
What are some things custody officers record?
o   Offence arrested for and reasons (before questioning);
o   Any comment made by detainee in relation to arresting officer’s account, but not invite comment.
o   Any comments made by detainee in relation to the decision to detain them, but not invite comment.
o   Not put specific questions about the offence to detainee – because this could constitute an interview.
If there is not enough evidence to charge a detainee and pre-conditions for bail are not satisfied, what must a custody officer do?
Release detainee without bail
What should be considered when considering bailing a detainee?
o   Will detainee interfere with witnesses?
o   Are they likely to return if bailed?
o   Where there is more than one suspect, are they likely to confer before interview?
o   Is there outstanding property?
o   If the detainee’s name and address verified?
Investigating officers should inform custody officer of any material in their possession or control that may undermine the reasons and grounds for arrest and detention. This will be noted in the custody record.
Custody officer should always assess risk detainee poses, including PNC. The content and analysis of risk assessment is not required to be shown to detainee or anyone acting on their behalf, unless it poses a risk to those working with him like solicitors, AAs or interpreters.
True or false: someone else may sign consent on behalf of someone who can't read/ write/ understand English?
True - as long as detainee allows them, and the person is not involved in investigation (so could be family, solicitor, AA or someone else)
Where person is answering bail issued under PACE S37(7)(a), or failing to do so, detention can only be authorised to allow what?
o The person to be further bailed (PACE S37D)
o The person to be charged or cautioned.
What is a custody officer's responsibility with regards to a detainee's property?
Ascertaining what property a detainee has and safekeeping of any property taken from detainee.
What kind of property from a detainee is custody officer responsible for?
-Property detainee has with them when they come to station, on:
1. Arrest or re-detention answering bail;
2. Commitment to prison custody
3. Lodgement at police station to go to court;
4. Transfer from detention;
5. S135 or S136 of the Mental Health Act 1983;
6. Remand.
-Might have acquired for an unlawful or harmful purpose while in custody.