PACE - Detention and Treatment of Persons by Police Officers (Code C)

Question 1

What PACE code covers the detention, treatment and questioning of persons?

Answer 1

PACE Code C

Question 2

When is an appropriate adult needed?

Answer 2

• under 18 (juvenile)
• vulnerable person

Question 3

Who can act as an appropriate adult?

Answer 3

• parent/ guardian
• local authority care
• voluntary organisation
• social worker
• anyone over 18 who is not associated with the police

Question 4

What is an appropriate adult’s purpose?

Answer 4

• safeguard rights, entitlements and welfare of juvenile/ vulnerable person
• observe whether police are acting properly
• assist in their communication

Question 5

What does vulnerable mean?

Answer 5

A person who, because of a mental health condition or mental disorder has difficulty understanding/ communicating, does not understand the significance of what they are told, is confused/ unreliable/ misleading

Question 6

Police detention

Answer 6

• taken to a police station after being arrested
• arrested at a police station after attending voluntarily

Question 7

What is the legislation for searching in police custody?

Answer 7

S.54 PACE

Question 8

How often will checks be carried out on someone who is drunk in custody?

Answer 8

Every 30 minutes

Question 9

What is an MG4A form?

Answer 9

Bail grant (Custody Officer)

Question 10

What is an MG4C form?

Answer 10

Surety/ Security (Custody Officer)

Question 11

What are the three levels of searches in custody?

Answer 11

No more than outer clothing searches (including shoes and socks)
Strip searches
Intimate searches

Question 12

PACE custody extensions (Police)

Answer 12

S.42 PACE - Superintendant may give authority to extend detention any time after their second review for a maximum period of 12 hours without charge (taking it from 24 hours to 36 hours)
- must be an indictable offence

Question 13

What is the maximum period a person can be detained without charge?

Answer 13

96 hours (with the exception of suspected acts of terrorism, in which case it is 14 days)

Question 14

When can a suspect’s 24 hour clock start again?

Answer 14

If re-arrested for the same offence because of fresh evidence - must not be arrested when attending bail

fresh evidence must not have been available at the time of their detention even if all reasonable enquiries had been conducted

Question 15

PACE custody extensions (Court)

Answer 15

S.43/ 44 PACE - custody can be extended by a magistrate up to a maximum of 96 hours (only indictable offences)

Question 16

How often are reviews conducted in custody?

Answer 16

• first review no later than six hours after detention authorised
• the second review no later than nine hours after the first
• subsequent reviews shall be at intervals of no more than nine hours

Question 17

What is the difference between a strip search and an intimate search?

Answer 17

Intimate search - the physical examination of a persons orifices other than mouth requires an act of physical intrusion into a body orifice (needs to be authorised by an inspector who has RGB concealment)

Strip search - visual search of a persons orifices

Question 18

When can a drugs sample be taken in custody?

Answer 18

Over 18 - within 24 hours after arrest

14 but under 18 - if conditions are met for the offence they have been charged with

Question 19

Strip Search Under 18

Answer 19

• does not require inspector authority
• must have two other people present, including an appropriate adult
• appropriate adult does not have to be present if the detainee states in front of them they do not want them there

Question 20

Meals Custody 24 hours

Answer 20

ATLEAST
2 light meals and 1 main meal in a 24 hour period

Question 21

Further Detention Warrant

Answer 21

• must be made in the magistrates court and the detained person and the police must be in attendance

Question 22

Gender Reassignment Searches

Answer 22

• if someone identifies as another gender to their sex at birth, a search can be conducted by a person with their identified gender if they sign the custody record confirming their preferences for search

Question 23

How often should a non intoxicated person be visited during custody?

Answer 23

Atleast every hour but there is no need to wake them if they are asleep

Question 24

Can the right to have someone informed of an arrest be delayed?

Answer 24

• can be delayed for up to 36 hours if an inspector or above authorises it

Question 25

Can a detainee be interviewed in hospital?

Answer 25

Yes if a responsible doctor agrees

Question 26

What should an interviewer do if an appropriate adult is being obstructive in interview?

Answer 26

Stop the interview and consult with a superintendent or above - if one is not readily available, an inspector should be consulted who is not involved in the investigation

Question 27

Can a youth be interviewed at school?

Answer 27

• yes in exceptional circumstances and with the principles agreement
• not mandatory that principle acts as appropriate adult
• principle can be appropriate adult if waiting for one would cause unreasonable delay but this depends on parents consent
• however, principle can’t act as an appropriate adult or the offence is against the educational establishment

Question 28

Non-intimate samples

Answer 28

• under nail is non-intimate
• written consent of the detainee or if 6.6 Code D applies: can be taken without consent if in police detention after being arrested for a recordable offence and who has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or they have had such a sample taken but it proved insufficient
• no authorisation is required from an inspector/ custody officer
• schedule 2A for a person to attend a police station to have fingerprints or samples taken they must be given a period of atleast seven days within which to attend the police station

Question 29

How must a custody review be conducted?

Answer 29

Person, telephone or live link

Question 30

Can the detainee change their interpreter?

Answer 30

• if a detainee complains that they are not satisfied with the quality of the interpretation, the custody officer/ interviewer is responsible for deciding whether a different interpreter should be called
• if the suspect challenges the decision made by the custody officer/ interviewer to not provide a different interpreter, the matter should be reported to an inspector to deal with as a complaint

Question 31

Can a person be held incommunicado?

Answer 31

Yes if an inspector or above authorises it
- must believe that by exercising the right to telephone one call/ send a letter will hinder the recovery of property obtained in consequence of the commission of such an offence

Question 32

Can a juvenile be made to speak with a legal representative?

Answer 32

• an appropriate adult has the right to ask for a solicitor to attend if it is in the best interests of the detainee
• HOWEVER, this right does not extend to forcing the juvenile to speak to the solicitor once they have arrived in custody

Question 33

Can a detainee change their mind about not wanting a solicitor/ legal representative present in interview?

Answer 33

Yes - the initial change of mind would need to be authorised by an inspector

If a solicitor turns up whilst the suspect is being interviewed, the suspect must be told immediately. The only exception to this is when it is being delayed for a certain reason e.g. that someone suspected but not yet arrested could be alerted. This delay would need to be authorised by a superintendant.

Question 34

Can detention continue if there is insufficient evidence to charge?

Answer 34

Yes but only if the custody officer has RGB that the person’s detention is necessary to preserve or to obtain evidence by questioning the person.

Question 35

When may bail only be granted in exceptional circumstances?

Answer 35

a person charged with or convicted of an offence of:

• murder
• attempted murder
• manslaughter
• rape under the law of scotland
• rape
• assault by penetration
• causing a person to engage in sexual activity without consent where the activity involved penetration
• rape of a child under 13
• assault of a child under 13 by penetration
• causing or inciting a child to engage in sexual activity where it involved penetrations
• causing or inciting a person with a mental disorder impeding choice to engage in sexual activity where it involved penetration
• an attempt to commit an offence above

will not be granted bail if they have a previous conviction for any of the above

A person charged with murder may not be granted bail except by order of a Crown Court Judge (s.115 of the Coroners and Justice Act 2009) - this does not apply to attempted murder/ conspiracy

Question 36

Street Bail

Answer 36

The Police and Criminal Evidence Act 1984 s.30A

When determining whether releasing the person on bail is necessary and proportionate in the circumstances, the constable must have regard in particular to:
- the need to secure that the person surrenders to custody
- the need to prevent offending by the person
- the need to safeguard victims of crime and witnesses, taking into account vulnerabilities
- the need to manage risks to the public

Where a constable releases a person on bail under subsection 1:
- no recognisance for the person’s surrender to custody shall be taken from the person
- no security for the person’s surrender to custody shall be taken from the person or from anyone else on the person’s behalf
- the person shall not be required to provide a surety or sureties for his surrender to custody
- no requirement to reside in a bail hostel may be imposed as a condition of bail

Question 37

Bail Conditions

Answer 37

Under s. 3A of the Bail Act 1976, conditions can be imposed where it is necessary to do so for the purpose of preventing a person from:
* failing to surrender to custody; or
* committing an offence while on bail; or
* interfering with witnesses or otherwise obstructing the course of justice, whether in relation to him/herself or any other person. One or more of the following conditions can be imposed:
* the accused is to live and sleep at a specified address;
* the accused is to notify any changes of address;
* the accused is to report periodically (daily, weekly or at other intervals) to their local police station;
* the accused is restricted from entering a certain area or building or to go within a specified distance of a specified address;
* the accused is not to contact (whether directly or indirectly) the victim of the alleged offence and/or any other probable prosecution witness;
* the accused is to surrender his/her passport and/or identity card;
* the accused’s movements are restricted by an imposed curfew between set times (i.e. when it is thought the accused might commit offences or come into contact with witnesses);
* the accused is required to provide a surety or security.

The grounds for refusing bail are that the person’s name and address cannot be ascertained or that which is given is doubted.

Question 38

S.54B Police and Criminal Evidence Act 1984

Answer 38

(1) A constable may search at any time— (a) any person who is at a police station to answer to live link bail; and (b) any article in the possession of such a person.

(2) If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.

(3) The grounds are that the thing—
(a) may jeopardise the maintenance of order in the police station;
(b) may put the safety of any person in the police station at risk; or
(c) may be evidence of, or in relation to, an offence.

(4) The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).

(5) An intimate search may not be carried out under this section.

(6) The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.

Section 46A(1ZB) provides a constable with a power of arrest for defendants who attend the police station to answer live link bail but refuse to be searched under s. 54B

Question 39

Surety on Defendant

Answer 39

Section 8 of the Bail Act 1976 states:
“ (1) This section applies where a person is granted bail in criminal proceedings on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody . . .”
This section has been tested in the courts and it has been held that there is no power to grant conditional bail with a surety to ensure no further offending; a surety can be sought only for the purpose of securing surrender to custody and not for any other purpose (R (On the Application of Shea) v Winchester Crown Court [2013] EWHC 1050 (Admin))

Question 40

When can someone who is arrested or in police detention have an x-ray or ultrasound scan carried out?

Answer 40

(a) authorised by an officer of inspector rank or above who has reasonable grounds for believing that the detainee:
(i) may have swallowed a Class A drug; and;
(ii) was in possession of the Class A drug with the intention of supplying it to another or to export; and

(b) the detainee’s appropriate consent has been given in writing.

A scan of a person under 14 can be carried out with the consent of an officer of the rank of inspector or above and the consent of the detainee’s appropriate adult (no consent is needed from the detainee in such circumstances)

Possession of a Class A drug would not be sufficient to authorise a scan to take place

Question 41

Does a detainee have a right to make a phone call?

Answer 41

He does not have the right to a phone call, but is entitled to a phone call. This entitlement can be denied for no longer than is necessary by an officer of inspector rank or above