Any questions that are necessary, e.g. https://www.gov.uk/government/publications/mental-health-act-1983-implementing- changes-to-police-powers. I have made it of my own free will.. 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. 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. The solicitor may intervene in order to seek clarification, challenge an improper question to their client or the manner in which it is put, advise their client not to reply to particular questions, or if they wish to give their client further legal advice. 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. In these cases, a person whose confirmed preference is to be dealt with as being male should be asked in private whether they wish to speak in private with a member of the custody staff of a gender of their choosing about the provision of menstrual products and their personal needs, notwithstanding their confirmed preference (see Note L3A); (ii) if there are grounds to doubt that the preference in (i) accurately reflects the persons predominant lifestyle, for example, if they ask to be treated as a woman but documents and other information make it clear that they live predominantly as a man, or vice versa, they should be treated according to what appears to be their predominant lifestyle and not their stated preference; (iii) If the person is unwilling to express a preference as in (i) above, efforts should be made to determine their predominant lifestyle and they should be treated as such. 15.11 C For the purpose of paragraph 15.7A and the hearing of an application to a magistrates court under PACE, section 43 for a warrant of further detention to extend detention without charge of a person arrested for an indictable offence, or under PACE, section 44, to extend or further extend that warrant, the magistrates court may give a direction that a live link (see paragraph 1.13(e)(iv)) be used for the purposes of the hearing if, and only if, the following conditions are satisfied: (i) the custody officer considers that the use of the live link for the purpose of the hearing is appropriate (see Note 15H); (ii) the detainee in question has requested and received legal advice on the use of the live link (see paragraph 15.4); (iii) the detainee has given their consent to the live link being used (see paragraph 15.11D); and. See Note 17C. 3.5 The custody officer or other custody staff as directed by the custody officer shall: (a) ask the detainee whether at this time, they: (i) would like legal advice, see paragraph 6.5; (ii) want someone informed of their detention, see section 5; (b) ask the detainee to sign the custody record to confirm their decisions in respect of (a); (i) is, or might be, in need of medical treatment or attention, see section 9; (ii) is a juvenile and/or vulnerable and therefore requires an appropriate adult (see paragraphs 1.4, 1.5, and 3.15); (iia) wishes to speak in private with a member of the custody staff who may be of the same sex about any matter concerning their personal needs relating to health, hygiene and welfare (see paragraph 9.3A); help to check documentation (see paragraph 3.20); an interpreter (see paragraph 3.12 and Note 13B). 10.12 If a juvenile or a vulnerable person is cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adults presence. 10.6 Annex C, paragraph 2 sets out the alternative terms of the caution to be used when the restriction on drawing adverse inferences from silence applies. If they decide it should not, the suspect will be given the opportunity to consult another solicitor before the interview continues and that solicitor given an opportunity to be present at the interview. C2 The following is suggested as a framework to help explain changes in the position on drawing adverse inferences if the restriction on drawing adverse inferences from silence: The caution you were previously given no longer applies. 1I The custody officer must remind the appropriate adult and detainee about the right to legal advice and record any reasons for waiving it in accordance with section 6. by refusing to leave their cell to go to a suitable interview room or by trying to leave the interview room, they shall be advised that their consent or agreement to be interviewed is not required. This will include situations where the appropriate adults approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect or the suspects responses being recorded (see Note 11F). 3.8 A The content of any risk assessment and any analysis of the level of risk relating to the persons detention is not required to be shown or provided to the detainee or any person acting on behalf of the detainee. 10.11 A The information required in paragraph 10.11 must not be given to a suspect who is a juvenile or a vulnerable person unless the appropriate adult is present. For example, if they appear to live predominantly as a woman, they should be treated as being female except with regard to the requirements to provide that person with information concerning menstrual products and their personal needs relating to health, hygiene and welfare described in paragraph 3.20A (if aged under 18) and paragraphs 9.3A and 9.3B (if aged 18 or over). 17G Appropriate adult in paragraph 17.7 means the persons, (a) parent or guardian or, if they are in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or, (b) a social worker of a local authority; or. A record shall be made when access is allowed and whether it includes the records described in sub-paragraphs (a) and (b) above. Every reasonable effort shall be made to secure the detainees co-operation, maintain their dignity and minimise embarrassment. When the writing of a statement is finished the person making it shall be asked to read it and to make any corrections, alterations or additions they want. 12.4 As far as practicable interviews shall take place in interview rooms which are adequately heated, lit and ventilated. If the suspect does not agree with the record, the interviewer should record the details of any disagreement and ask the suspect to read these details and sign them to the effect that they accurately reflect their disagreement. See Notes M2 and M3. to make it more intelligible, and the answers given must be recorded at the same time on the statement form. This. A person need not be cautioned if questions are for other necessary purposes, e.g. 6.3 A poster advertising the right to legal advice must be prominently displayed in the charging area of every police station. See Notes 11B and 16A. 12.13 All written statements made at police stations under caution shall be written on forms provided for the purpose. 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. When a suspect agrees to read records of interviews and other comments and sign them as correct, they should be asked to endorse the record with, e.g. This must take account of the dignity of the detainee. When this Code requires written consent or signing the person assisting may be asked to sign instead, if the detainee prefers. The fact the grounds for delaying notification of arrest may be satisfied does not automatically mean the grounds for delaying access to legal advice will also be satisfied. Similarly, simply because an individual does not have, or is not known to have, any such condition or disorder, does not mean that they are not vulnerable for the purposes of this Code. The custody officer may supervise the self-administration of, or authorise other custody staff to supervise the self-administration of, drugs listed in Schedule 4 or 5 if the officer has consulted the appropriate healthcare professional authorising their use and both are satisfied self-administration will not expose the detainee, police officers or anyone else to the risk of harm or injury. 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. Because of the risk of unreliable evidence, it is important to obtain corroboration of any facts admitted whenever possible. A detainee may only self-administer such drugs under the personal supervision of the registered medical practitioner authorising their use or other appropriate healthcare professional. As far as possible the particulars of the charge shall be stated in simple terms, but they shall also show the precise offence in law with which the detainee is charged. This means determining and considering the risks to the detainees physical and mental state if the interview took place and determining what safeguards are needed to allow the interview to take place. In such circumstances, the detainee should be informed that they are being released to enable the Director of Public Prosecutions to make a decision under section 37B. 2. See Note 3C. The search shall be conducted with proper regard to the dignity, sensitivity and vulnerability of the detainee including in particular, their health, hygiene and welfare needs to which paragraphs 9.3A and 9.3B apply. 15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded. An appropriate adult is not subject to legal privilege. 1AA In paragraph 1.0, under the Equality Act 2010, section 149, the relevant protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion/belief and sex and sexual orientation. In the case of a juvenile, the search may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult they do not want the appropriate adult present during the search and the appropriate adult agrees. The period is subject to the maximum period of detention before charge determined by PACE, sections 41 to 44. Where any duties under this paragraph have been carried out by custody staff at the direction of the custody officer, the outcomes shall, as soon as practicable, be reported to the custody officer who retains overall responsibility for the detainees care and treatment and ensuring that it complies with this Code. (ii) the interview to be conducted and recorded in accordance with the provisions of Codes C, E and F, subject to the modifications in Part 2 of Annex N. This applies to communication for the purposes of any provision of this or any other Code except as described in (a), which requires or permits information to be given to, sought from, or provided by a suspect, whether orally or in writing, which would include communication between the suspect and their solicitor and/or appropriate adult, and for these cases, live link interpretation must: (i) enable the suspect, the person giving or seeking that information, any other person physically present with the suspect at that time and an interpreter who is not so present, to either see and hear each other, or to hear without seeing each other (for example by using a telephone); and. 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. The reason for the decision must be recorded (see paragraph 13.11(e)). See Note 8B. This publication is available at https://www.gov.uk/government/publications/pace-code-c-2019/pace-code-c-2019-accessible, CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS. 6.14 If the inspector refuses access to an accredited or probationary representative or a decision is taken that such a person should not be permitted to remain at an interview, the inspector must notify the solicitor on whose behalf the representative was acting and give them an opportunity to make alternative arrangements. If such a detained person wants to exercise the right to legal advice, the appropriate action should be taken and should not be delayed until the appropriate adult arrives. Whether you're in the mood for the classic Italian taste of Prego or the signature southwest flavors of Pace, Ready Meals offer food that are convenient to prepare and tastes great. This applies even if the detainee has declined legal advice or, having requested it, subsequently agreed to be interviewed without receiving advice. A detainee not asleep during the review must be present when the grounds for their continued detention are recorded and must at the same time be informed of those grounds unless the review officer considers the person is incapable of understanding what is said, violent or likely to become violent or in urgent need of medical attention. Note: The restriction on drawing adverse inferences from silence in Annex C will not apply because the detainee is allowed an opportunity to consult the duty solicitor; (d) C the detainee changes their mind about wanting legal advice or (as the case may be) about wanting a solicitor present at the interview and states that they no longer wish to speak to a solicitor. Euro Foods Group Ltd. Euro Foods Group Ltd is one of the largest distributors of frozen foods in the UK. The request may be refused if the officer is satisfied that the translation requested is not essential for the purposes described in paragraph 1 above. If a warrant for further detention is granted under section 43 or extended or further extended under 44, the record shall state the detention period authorised by the warrant and the date and time it was granted or (as the case may be) the period by which the warrant is extended or further extended. Mental Health Act 1983 (Places of Safety) Regulations 2017. www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention. See Note 11B. (c) If the custody officer is satisfied that interviewing the detainee by means of a live link would not adversely affect or otherwise undermine or limit the suspects ability to communicate confidently and effectively for the purpose of the interview, the officer must so inform the suspect, their solicitor and (if applicable) the appropriate adult. 10F The Criminal Justice and Public Order Act 1994, sections 36 and 37 apply only to suspects who have been arrested by a constable or an officer of Revenue and Customs and are given the relevant warning by the police or Revenue and Customs officer who made the arrest or who is investigating the offence. Pace Taco Complete Discontinued. 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. 3.20B The grounds for a persons detention shall be recorded, in the persons presence if practicable. 6B A detainee has a right to free legal advice and to be represented by a solicitor. In law, the gender (and accordingly the sex) of an individual is their gender as registered at birth unless they have been issued with a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004 (GRA), in which case the persons gender is their acquired gender. A search may only be carried out by an officer of the same sex as the detainee. (ii) for the purpose of paragraph 15.9A; an arrangement by means of which the review officer who is not present at the police station where the detainee is held, is able to see and hear, and to be seen and heard by, the detainee concerned and the detainees solicitor, appropriate adult and interpreter (as applicable) (see Note 1N). This includes aspects of gender such as dress and title. However, all such ailments or injuries must be recorded in the custody record and any doubt must be resolved in favour of calling the appropriate healthcare professional. 10D If it appears a person does not understand the caution, the person giving it should explain it in their own words. 9.2 If a complaint is made by, or on behalf of, a detainee about their treatment since their arrest, or it comes to notice that a detainee may have been treated improperly, a report must be made as soon as practicable to an officer of inspector rank or above not connected with the investigation. The changed position on drawing inferences and that the previous caution no longer applies shall also be explained to the detainee in ordinary language. See paragraph 1.7A. Written notice showing particulars of the offence charged required by Code C paragraph 16.3 or the offence for which the suspect has been told they may be prosecuted. As far as practicable, meals provided shall offer a varied diet and meet any specific dietary needs or religious beliefs the detainee may have. The detainee must be informed of the grounds for their detention before they are questioned about any offence; note any comment the detainee makes in respect of the decision to detain them but shall not invite comment; not put specific questions to the detainee regarding their involvement in any offence, nor in respect of any comments they may make in response to the arresting officers account or the decision to place them in detention. 8.7 Brief outdoor exercise shall be offered daily if practicable. See paragraphs 16.1 to 16.4A. (c) the record mentioned in sub-paragraph (b) shall be made available to be taken into account by police officers, police staff and any others who, in accordance with the provisions of this or any other Code, are required or entitled to communicate with the person in question. You have accepted additional cookies. (b) the grounds for giving the authorisation. 5.1 Subject to paragraph 5.7B, any person arrested and held in custody at a police station or other premises may, on request, have one person known to them or likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable. See Note 16B. A detainee may be at risk in an interview if it is considered that: (a) conducting the interview could significantly harm the detainees physical or mental state; (b) anything the detainee says in the interview about their involvement or suspected involvement in the offence about which they are being interviewed might be considered unreliable in subsequent court proceedings because of their physical or mental state. 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. Where the person elects which gender they consider themselves to be under paragraph 4(b)(i) but, following 4(b)(ii) is not treated in accordance with their preference, the reason must be recorded in the search record, in the officers notebook or, if applicable, in the persons custody record. This risk assessment must include the taking of reasonable steps to establish the detainees identity and to obtain information about the detainee that is relevant to their safe custody, security and welfare and risks to others. Subject to (ii) below, the person should be treated according to their preference except with regard to the requirements to provide that person with information concerning menstrual products and their personal needs relating to health, hygiene and welfare described in paragraph 3.20A (if aged under 18) and paragraphs 9.3A and 9.3B (if aged 18 or over). already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied with in the appropriate adults presence; not at the station when these provisions are complied with, they must be complied with again in the presence of the appropriate adult when they arrive. See Annex G. The custody officer shall not allow a detainee to be interviewed if the custody officer considers it would cause significant harm to the detainees physical or mental state. See Note 12A. See Note 9E. (iii) failing these, some other responsible adult aged 18 or over who is other than a person described in the bullet points in sub-paragraph (ii) above. when indicated as in Annex H, the nearest available healthcare professional or an ambulance must be called immediately. Examples are when a persons refusal to provide: their name and address when charged may make them liable to detention; particulars and information in accordance with a statutory requirement, e.g. The person should be allowed to read the record or have it read to them and sign it as correct or indicate the respects in which they consider it inaccurate. 13.1 C With regard to persons in Wales, nothing in this or any other Code affects the application of the Welsh Language Schemes produced by police and crime commissioners in Wales in accordance with the Welsh Language Act 1993. 5.7A Any delay or denial of the rights in this section should be proportionate and should last no longer than necessary. Access to the custody record for the purposes of this paragraph must be arranged and agreed with the custody officer and may not unreasonably interfere with the custody officers duties. (ii) the custody officer in consultation with the interviewer is unable to allay the concerns raised; then live-link may not be used, or (as the case may be) continue to be used, unless authorised in writing by an officer of the rank of inspector or above in accordance with sub-paragraph (e). The suspect shall then be invited to co-operate and go into the interview room. 4. 12. The grounds for action under this Annex shall be recorded and the detainee informed of them as soon as practicable. The communication must be by audio and visual means for the purpose of an interview, and for all other purposes it may be either; by audio and visual means, or by audio means only, as follows: This applies for the purposes of an interview conducted and recorded in accordance with Code E (Audio recording) or Code F (Visual recording) and during that interview, live link interpretation must enable: (i) the suspect, the interviewer, solicitor, appropriate adult and any other person physically present with the suspect at any time during the interview and an interpreter who is not physically present, to see and hear each other; and. Particular care must be taken when deciding whether to use any form of approved restraints on a vulnerable person in a locked cell. (c) consulting privately with their solicitor and (if applicable) the appropriate adult (see paragraphs 3.18, 13.2A, 13.6 and 13.9): (i) to help decide whether to answer questions put to them during interview; and. When use of a live link is not required, they allow the use of a telephone to carry out a review of detention before charge. (ii) the recovery of the value of the property constituting that benefit will be hindered by the exercise of either right. (b) ceases to apply before or at the time the person is charged or informed they may be prosecuted, see paragraph 1(a); The caution you were previously given no longer applies. This includes the detainees prompt release when the power no longer applies, or their transfer if the power requires the detainee be taken elsewhere as soon as the necessary arrangements are made. Ready Meals & Easy Cooking. 15.3 C The decision on whether the review takes place in person or by telephone or by live link (see paragraph 1.13(e)(ii)) is a matter for the review officer. 9. An intimate search consists of the physical examination of a persons body orifices other than the mouth. In the case of a person who is vulnerable, the appropriate adult means: a person who provides services under contractual arrangements (but without being employed by the chief officer of a police force), to assist that force in relation to the discharge of its chief officers functions, whether or not they are on duty at the time. This includes the following specific records relating to the reasons for the detainees arrest and detention and the offence concerned to which paragraph 3.1(b) refers: (a) The information about the circumstances and reasons for the detainees arrest as recorded in the custody record in accordance with paragraph 4.3 of Code G. This applies to any further offences for which the detainee is arrested whilst in custody; (b) The record of the grounds for each authorisation to keep the person in custody. Web With Pace Taco Complete Mild Original, Making Tacos Has Never Been So Easy. 7A The exercise of the rights in this section may not be interfered with even though Annex B applies. Except when a live link is used as in paragraph 15.11A, the superintendent must be present at the station holding the detainee. They must be told that they will be provided free of charge and that replacement products are available. These rights may be delayed only for as long as grounds exist and in no case beyond 36 hours after the relevant time as in PACE, section 41. (a) may not be used for any purpose other than to ascertain whether the person concerned has a specified Class A drug present in his body; and. Any proposal for a search under paragraph 2(a)(i) to be carried out by someone other than a registered medical practitioner or registered nurse must only be considered as a last resort and when the authorising officer is satisfied the risks associated with allowing the item to remain with the detainee outweigh the risks associated with removing it.
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