They must also be told that at any time live-link is in use, they may make representations to the custody officer or the interviewer that its operation should cease and that the physical presence of the interviewer should be arranged. 4.1 The custody officer is responsible for: (a) ascertaining what property a detainee: (i) has with them when they come to the police station, whether on: arrest or re-detention on answering to bail; commitment to prison custody on the order or sentence of a court; lodgement at the police station with a view to their production in court from prison custody; transfer from detention at another station or hospital; detention under the Mental Health Act 1983, section 135 or 136; remand into police custody on the authority of a court. This period should normally be at night or other appropriate time which takes account of when the detainee last slept or rested. 3.26 The provisions of this section identify the information which must be given to suspects who have been cautioned in accordance with section 10 of this Code according to whether or not they have been arrested and detained. 2. The record shall show the: time a person is released from detention. A detainee who is not legally represented must be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record. 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. 6. paragraph 2(a)(i) may take place only at a hospital, surgery, other medical premises or police station; paragraph 2(a)(ii) may take place only at a hospital, surgery or other medical premises and must be carried out by a registered medical practitioner or a registered nurse. After charge, bail cannot be refused, or release on bail delayed, simply because an appropriate adult is not available, unless the absence of that adult provides the custody officer with the necessary grounds to authorise detention after charge under PACE, section 38. If the detainee has the right to speak to a solicitor in person but declines to exercise the right the officer should point out that the right includes the right to speak with a solicitor on the telephone. (a) the authorising superintendent shall, with regard to any record connected with the authorisation which PACE, section 42 and this Code require to be made by the authorising officer, require an officer at the station holding the detainee to make that record in the detainees custody record; (b) the requirement in paragraph 15.3 (allowing opportunity to make representations) will be satisfied: (i) if facilities exist for the immediate transmission of written representations to the authorising officer, e.g. I agree that this is a correct record of what was said and add their signature. 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. In deciding what action to take, advice must be sought from an appropriate healthcare professional. 15.9 PACE, section 40A provides that the officer responsible under section 40 for reviewing the detention of a person who has not been charged, need not attend the police station holding the detainee and may carry out the review by telephone. 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. 3.1 When a person is brought to a police station under arrest or arrested at the station having gone there voluntarily, the custody officer must make sure the person is told clearly about: (a) the following continuing rights, which may be exercised at any stage during the period in custody: (i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6; (ii) their right to have someone informed of their arrest as in section 5; (iii) their right to consult the Codes of Practice (see Note 3D); and. (c) Their right, if in accordance with paragraph 3.5(c)(ii) the interviewer determines: (i) that they are a juvenile or are vulnerable; or. Authority to delay a detainees right to consult privately with a solicitor may be given only if the authorising officer has reasonable grounds to believe the solicitor the detainee wants to consult will, inadvertently or otherwise, pass on a message from the detainee or act in some other way which will have any of the consequences specified under paragraphs 1 or 2. apply when a detainee who has asked for legal advice is interviewed before speaking to a solicitor as in section 6, paragraph 6.6(a) or (b); not apply if the detained person declines to ask for the duty solicitor, see section 6, paragraphs 6.6(c) and (d). A significant silence is a failure or refusal to answer a question or answer satisfactorily when under caution, which might, allowing for the restriction on drawing adverse inferences from silence, see Annex C, give rise to an inference under the Criminal Justice and Public Order Act 1994, Part III. 5.4 If the detainee agrees, they may at the custody officers discretion, receive visits from friends, family or others likely to take an interest in their welfare, or in whose welfare the detainee has an interest. 3. 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. In order to do this they may need to witness what is happening. When they have finished reading they shall be asked to write and sign or make their mark on the following certificate at the end of the statement: I have read the above statement, and I have been able to correct, alter or add anything I wish. The other person who is allowed to carry out the procedures or tasks must be someone who at that time, is: (a) under the direction and control of the chief officer of the force responsible for the police station in question; or. www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-and-, www.gov.uk/government/publications/standard-, www.gov.uk/government/publications/foreign-embassies-in-the-uk, The Mental Health Act 1983 (Places of Safety) Regulations 2017, www.gov.uk/government/publications/mental-health-act-1983-implementing-. See paragraphs 11.1, 11.15 and 11.18 to 11.20. 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. that the purpose of their presence is to: observe whether the interview is being conducted properly and fairly; and. the detainee has been advised of the Duty Solicitor Scheme but has declined to ask for the duty solicitor; in these circumstances the interview may be started or continued without further delay provided an officer of inspector rank or above has agreed to the interview proceeding. Interruptions under (b) and (c) do not require a fresh period to be allowed. 3.19 If the detainee, or appropriate adult on the detainees behalf, asks for a solicitor to be called to give legal advice, the provisions of section 6 apply (see paragraph 6.5A and Note 3H). 15.3 Before deciding whether to authorise continued detention the officer responsible under paragraph 15.1 or 15.2 shall give an opportunity to make representations about the detention to: (a) the detainee, unless in the case of a review as in paragraph 15.1, the detainee is asleep; (b) the detainees solicitor if available at the time; and, (c) the appropriate adult if available at the time. (b) all other occasions before a person is charged or informed they may be prosecuted; see section 16, should, unless the restriction on drawing adverse inferences from silence applies, see Annex C, be in the following terms: You do not have to say anything. 4.4 It is a matter for the custody officer to determine whether a record should be made of the property a detained person has with him or had taken from him on arrest. 16A The custody officer must take into account alternatives to prosecution under the Crime and Disorder Act 1998 applicable to persons under 18, and in national guidance on the cautioning of offenders applicable to persons aged 18 and over. If they are not at the police station then these provisions must be complied with again in their presence when they arrive unless the detainee has been released. 9.7 If it appears to the custody officer, or they are told, that a person brought to a station under arrest may be suffering from an infectious disease or condition, the custody officer must take reasonable steps to safeguard the health of the detainee and others at the station. (g) the likely impact on the suspect and the investigation of any consequential delay to arrange for the interpreter to be physically present with the suspect. 1.4 If at any time an officer has any reason to suspect that a person of any age may be vulnerable (see paragraph 1.13(d)), in the absence of clear evidence to dispel that suspicion, that person shall be treated as such for the purposes of this Code and to establish whether any such reason may exist in relation to a person suspected of committing an offence (see paragraph 10.1 and Note 10A), the custody officer in the case of a detained person, or the officer investigating the offence in the case of a person who has not been arrested or detained, shall take, or cause to be taken, (see paragraph 3.5 and Note 3F) the following action: (a) reasonable enquiries shall be made to ascertain what information is available that is relevant to any of the factors described in paragraph 1.13(d) as indicating that the person may be vulnerable might apply; (b) a record shall be made describing whether any of those factors appear to apply and provide any reason to suspect that the person may be vulnerable or (as the case may be) may not be vulnerable; and. Shop in store or online. 9.13 Whenever the appropriate healthcare professional is called in accordance with this section to examine or treat a detainee, the custody officer shall ask for their opinion about: any risks or problems which police need to take into account when making decisions about the detainees continued detention; when to carry out an interview if applicable; and. When a person who has already been charged with or informed they may be prosecuted for any offence asks to make a statement which relates to any such offence and wants to write it, they shall be asked to write out and sign the following before writing what they want to say: I make this statement of my own free will. 6B A detainee has a right to free legal advice and to be represented by a solicitor. 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. 1E A detainee should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adults absence if they want. 9. 6.11 The removal of a solicitor from an interview is a serious step and, if it occurs, the officer of superintendent rank or above who took the decision will consider if the incident should be reported to the Solicitors Regulatory Authority. If these alternatives are not available, the custody officer has discretion to allow further attempts until a solicitor has been contacted and agreed to provide advice; they are entitled to a private consultation with their chosen solicitor on the telephone or the solicitor may decide to come to the police station; If their chosen solicitor cannot be contacted, the DSCC may still be called to arrange free legal advice. See Note 3ZA. The custody officer is responsible for making sure those responsible for the detainees custody are appropriately briefed about the risks. If the custody officer authorises a persons detention, subject to paragraph 1.8, that officer must record the grounds for detention in the detainees presence and at the same time, inform them of the grounds. 16AB Where Guidance issued by the Director of Public Prosecutions under section 37B is in force, a custody officer who determines in accordance with that Guidance that there is sufficient evidence to charge the detainee, may detain that person for no longer than is reasonably necessary to decide how that person is to be dealt with under PACE, section 37(7)(a) to (d), including, where appropriate, consultation with the Duty Prosecutor. Access to the records in sub-paragraphs (a) and (b) is in addition to the requirements in paragraphs 3.4(b), 11.1A, 15.0, 15,7A(c) and 16.7A to make certain documents and materials available and to provide information about the offence and the reasons for arrest and detention. In such a case the custody record will be endorsed not searched, paragraph 4.4 will not apply, and the detainee will be invited to sign the entry. 1C If a juvenile admits an offence to, or in the presence of, a social worker or member of a youth offending team other than during the time that person is acting as the juveniles appropriate adult, another appropriate adult should be appointed in the interest of fairness. 8. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. If they express a preference to be dealt with as a particular gender, they should be asked to indicate and confirm their preference by signing the custody record or, if a custody record has not been opened, the search record or the officers notebook.

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