Code C- The Right Not to be Held Incommunicado Flashcards
Q: What does incommunicado mean?
Unable or not allowed to communicate with anyone.
Q: What is the right under s56 PACE?
(1) Where a person has been arrested and is being held in custody in a police station, he shall be entitled, to have one friend or relative or other person who is known to him or is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.
If this person cannot be contacted, the detainee can choose up to 2 more alternatives.
If they cannot be contacted, the custody officer may at his discretion allow further attempts.
Q: What if a detainee is transferred from one station to another?
S56(8) PACE
If a person is moved from one police station to another, then the right to have someone informed about his whereabouts arises again.
Q: When can this right under s56 PACE be delayed and how long for?
This right can be delayed for up to 36 hours in appropriate circumstances. This is the case for adults and juveniles so both adults and juveniles can be held incommunicado for up to 36 hours.
(2) Delay is only permitted-
(a) In the case of a person who is in police detention for an indictable offence and
(b) If an officer of at least the rank of Inspector authorises it
An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
Q: What are the reasons that delay can be authorised?
S56(5) OR s56(5A)
An Inspector or above may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest-
(a) will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence.
An Inspector or above may also only authorise delay where he has reasonable grounds for believing that-
(a) the person detained for the indictable offence has benefitted from his criminal conduct and
(b) the recovery of the value of the property constituting that benefit will be hindered by telling the named person of the arrest
Q: Does the detainee need to be informed if the delay is authorised?
S65(6) PACE
If the delay is authorised-
(a) the detained person shall be told the reason for it and
(b) the reason shall be noted on his custody record
Q: How long can you delay communication for?
The delay of having someone informed cannot be delayed for more than 36 hours.
Any authorised delay should always be proportionate and should be no longer than necessary.
Q: What are the rules on visits, letters and phone calls?
Someone in police detention may receive a visit from friends, relatives or others that might take an interest in their welfare at the discretion of the custody officer.
A detainee must also be supplied on request with writing materials. Letters and messages must be sent at his expense, as soon as practicable, but all letters (other than those to his solicitor) may be read.
The detainee may speak for a reasonable time with one person on the telephone, unless the call is to a solicitor, a police officer may listen to the call and may terminate it if it is being abused.
An Inspector or above can delay these in the same way as the reasons above.
Q: Does the detainee need to be cautioned before doing any of the above?
Must be cautioned that what he says in a letter, phone call or message, other than to his solicitor, may be read or listened to and may be given in evidence.
Q: What if an interested party is concerned for the detainee’s whereabouts?
Where enquiries by interested persons are received concerning the detainee’s whereabouts, the info must be given if the detainee agrees and an Inspector or above has not authorised delay in the release of such information.
Q: What information must be recorded on the custody record regarding letters, calls and visits?
A record must be kept of-
(a) any request made in relation to matters of communication and the actions taken in consequence of that request
(b) any letters or messages sent, calls made or visits received
(c) of any refusal by the prisoner to have information about himself given to an outside enquirer about his whereabouts
The detainee must be asked to counter-sign the record. Any refusal to sign, must be recorded.
Q: What additional rights do juveniles have over adults?
S34 Children and Young Persons Act 1933
Where a juvenile is in police detention, requires that his parent/guardian, person responsible for his care or some other person for the time being assumed responsibility for his welfare, must be informed as soon as practicable that he has been arrested and why and where he has been detained. This is in addition to the juvenile’s right under s56.
This right cannot be delayed.
They also have the right to an appropriate adult.
