(b) confirms the information and repeats the warning referred to in paragraph 17.18. 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. 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). (v) When the interview starts and the interviewer reminds the suspect of their right to legal advice (see paragraph 11.2, Code E paragraph 4.5 and Code F paragraph 4.5), the interviewer shall then ensure that the following is recorded in the written interview record or the interview record made in accordance with Code E or F: confirmation that the detainee has changed their mind about wanting legal advice or (as the case may be) about wanting a solicitor present and the reasons for it if given; the fact that authority for the interview to proceed has been given and, subject to paragraph 2.6A, the name of the authorising officer; that if the solicitor arrives at the station before the interview is completed, the detainee will be so informed without delay and a break will be taken to allow them to speak to the solicitor if they wish, unless paragraph 6.6(a) applies, and. 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. The role of the healthcare professional is to consider the risks and advise the custody officer of the outcome of that consideration. Reasonable efforts should therefore be made to give the appropriate adult sufficient notice of the time the decision (charge etc.) Records entered on computer shall be timed and contain the operators identification. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation. 10.7 Minor deviations from the words of any caution given in accordance with this Code do not constitute a breach of this Code, provided the sense of the relevant caution is preserved. This does not negate the need for regular visiting of the suspect in the cell. 2A The role of the appropriate adult is to safeguard the rights, entitlements and welfare of vulnerable persons (see paragraph 1) to whom the provisions of this and any other Code of Practice apply. Pack size: 2 x 1.36kg. when indicated as in Annex H, the nearest available healthcare professional or an ambulance must be called immediately. Yesterday is history. The record shall be made on the custody record or in the interview record for action taken whilst an interview record is being kept, with a brief reference to this effect in the custody record. 9E It is important to respect a persons right to privacy and information about their health must be kept confidential and only disclosed with their consent or in accordance with clinical advice when it is necessary to protect the detainees health or that of others who come into contact with them. (f) The officer given custody of the detainee and the interviewer take over responsibility for the detainees care, treatment and safe custody for the purposes of this Code until the detainee is returned to the custody officer. Web pace ready meals discontinued. If the person interviewed cannot read or refuses to read the record or sign it, the senior interviewer present shall read it to them and ask whether they would like to sign it as correct or make their mark or to indicate how they consider it inaccurate. 17.11 A detainee in respect of whom the arrest condition is met, but not the charge condition, see paragraphs 17.3 and 17.4, and whose release would be required before a sample can be taken had they not continued to be detained as a result of being arrested for a further offence which does not satisfy the arrest condition, may have a sample taken at any time within 24 hours after the arrest for the offence that satisfies the arrest condition. If the person making the statement cannot read, or refuses to read it, or to write the above mentioned certificate at the end of it or to sign it, the person taking the statement shall read it to them and ask them if they would like to correct, alter or add anything and to put their signature or make their mark at the end. See Note 3F. See paragraph 17.1; and. about refusing to provide a translation of a requested document (see paragraph 7), the officer should seek advice from an inspector or above. 16C There is no power under PACE to detain a person and delay action under paragraphs 16.2 to 16.5 solely to await the arrival of the appropriate adult. L2 While there is no agreed definition of transgender (or trans), it is generally used as an umbrella term to describe people whose gender identity (self-identification as being a woman, man, neither or both) differs from the sex they were registered as at birth. It would apply to a woman making the transition to being a man and a man making the transition to being a woman, as well as to a person who has only just started out on the process of gender reassignment and to a person who has completed the process. 11.17 If an appropriate adult is present at an interview, they shall be informed: that they are not expected to act simply as an observer; and. 3. See also paragraphs 11.4 and 11.13. in response to a decision to keep them in detention or extend the maximum period of detention. takes, or directs the taking of, reasonable steps to inform the solicitor that the authority has been given and the time when the interview is expected to commence and records or causes to be recorded, the outcome of this action in the custody record. 11.10 If a written record is not completed during the interview the reason must be recorded in the interview record. In particular, the officer must consider whether the grounds for believing an article may be concealed are reasonable. The provisions of paragraph 13.13 shall apply to communications between the interviewing officer, the suspect and anyone else whose presence at the interview or, (as the case may be) whose access to any communications between the suspect and the interviewer, has been authorised by the custody officer or the interviewing officer. The interviewer, after confirming with the suspect that the copy is legible and complete, shall allow the suspect to read the record, or have the record read to them by the interpreter and to sign the copy as correct or indicate the respects in which they consider it inaccurate. Web with pace taco complete mild original making tacos has never been so easy. 15.9A PACE, section 45A(2) 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 using a live link. 16.4A If the detainee: cannot read, the document may be read to them; is a juvenile, mentally disordered or otherwise mentally vulnerable, the appropriate adult shall also be given a copy, or the interview record shall be brought to their attention. See Code C paragraphs 3.16, 9.5 and 9.6 which apply when a person is detained under the Mental Health Act 1983, sections 135 and 136, as amended by the Policing and Crime Act 2017. Any audio or video recording made in the custody area is not part of the custody record. to have the appropriate adult present or (as the case may be) to have the necessary help to check documentation; and that the interview will be delayed until the presence of the appropriate adult or the necessary help, is secured. Source: www.buync.com Us inspected and passed by department of agriculture. Examples include persons: (a) arrested on warrant because they failed to answer bail to appear at court; (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted after charge; (c) in police custody for specific purposes and periods under the Crime (Sentences) Act 1997, Schedule 1; (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service under the Imprisonment (Temporary Provisions) Act 1980, section 6; (e) being detained to prevent them causing a breach of the peace; (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK Immigration Service); (g) detained by order of a magistrates court under the Criminal Justice Act 1988, section 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of evidence after being charged with drug possession or drug trafficking and suspected of having swallowed drugs. See paragraph 15.4A for application to live link. (b) C the suspect is arrested by a constable and fails or refuses to account for any objects, marks or substances, or marks on such objects found: (c) the arrested suspect was found by a constable at a place at or about the time the offence for which that officer has arrested them is alleged to have been committed, and the suspect fails or refuses to account for their presence there. 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. 11.2 Immediately prior to the commencement or re-commencement of any interview at a police station or other authorised place of detention, the interviewer should remind the suspect of their entitlement to free legal advice and that the interview can be delayed for legal advice to be obtained, unless one of the exceptions in paragraph 6.6 applies. 6.16 Any request for legal advice and the action taken shall be recorded. Note: If the juvenile is aged under 14, the consent of their parent or guardian is sufficient in its own right (see Note 15I). An example might be to have an appropriate healthcare professional present during the interview, in addition to an appropriate adult, in order constantly to monitor the persons condition and how it is being affected by the interview. In the case of a juvenile, nothing in paragraphs 15.11D and 15.11E require the parent, guardian or representative of a local authority or voluntary organisation to be present with the juvenile to give their consent, unless they are acting as the appropriate adult. 12.4 As far as practicable interviews shall take place in interview rooms which are adequately heated, lit and ventilated. (ii) enable that information to be given to, sought from, or provided by, the suspect in accordance with the provisions of this or any other Code that apply to that information, as modified for the purposes of the live-link, by Part 2 of Annex N. 13.12 A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must enable compliance with the relevant provisions of the Codes C, E and F, means that the arrangements must provide for any written or electronic record of what the suspect says in their own language which is made by the interpreter, to be securely transmitted without delay so that the suspect can be invited to read, check and if appropriate, sign or otherwise confirm that the record is correct or make corrections to the record. This is important so as to maintain the dignity of the person and any officers concerned. Enjoy cooked and cured meats whatever time of day with our Birchwood range. 14A If questioning takes place at a hospital under paragraph 14.2, or on the way to or from a hospital, the period of questioning concerned counts towards the total period of detention permitted. 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, the responsibilities of the custody officer are, if appropriate, assigned to the interviewer. 15.14 When a review is carried out by telephone or video conferencing facilities, a record shall be made of: (a) the reason the review officer did not attend the station holding the detainee; (c) the method representations, oral or written, were made to the review officer, see paragraph 15.11. 1. 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. 3.21 A The interviewer must inform the suspect that the purpose of the voluntary interview is to question them to obtain evidence about their involvement or suspected involvement in the offence(s) described when they were cautioned and told that they were not under arrest. I agree that this is a correct record of what was said and add their signature. 17.2 A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether they have any specified Class A drug in their body only where they have been brought before the custody officer and: (a) either the arrest condition, see paragraph 17.3, or the charge condition, see paragraph. A record shall be made of the juveniles decision and signed by the appropriate adult. LIFE 3d + Mowi Scottish Salmon Fillets 230g 230g. (b) If the suspects arrest is not necessary but they are cautioned as required in section 10, the person who, after describing the nature and circumstances of the suspected offence, gives the caution must at the same time, inform them that they are not under arrest and that they are not obliged to remain at the station or other location (see paragraph 3.22 and Note 3I). Short refreshment breaks shall be provided at approximately two hour intervals, subject to the interviewers discretion to delay a break if there are reasonable grounds for believing it would: (ii) unnecessarily delay the detainees release; or, (iii) otherwise prejudice the outcome of the investigation. 11.1A An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which, under paragraph 10.1, must be carried out under caution. See paragraph 10.12. (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. If the detainee refuses, the custody officer will be obliged to ascertain what property they have in accordance with paragraph 4.1. We use some essential cookies to make this website work. 2. At the same time, the operation of the live-link must be explained and demonstrated to them (see Note 12ZC), they must be advised of the chief officers obligations concerning the security of live-link communications under paragraph 13.13 and they must be asked if they wish to make representations that the live-link should not be used or if they require more information about the operation of the arrangements. A3 If authority is given for a search under paragraph 2(a)(i), a registered medical practitioner or registered nurse shall be consulted whenever possible. Note: By virtue of paragraphs 2.1 and 2.3 of Code F, this applies when a visually recording to which Code F applies is made. , wish to make a statement. to make it more intelligible, and the answers given must be recorded at the same time on the statement form. But if the person prefers a relative to a better qualified stranger or objects to a particular person their wishes should, if practicable, be respected. If the matter concerns a possible assault or the possibility of the unnecessary or unreasonable use of force, an appropriate healthcare professional must also be called as soon as practicable. ), 2. Such an exchange is itself likely to constitute an interview as in paragraph 11.1A and require the associated interview safeguards in section 11. 5. Pace Ready Meals Fiesta Chicken and Rice with Green & Red Peppers, 9 oz. 10.1 A person whom there are grounds to suspect of an offence, see Note 10A, must be cautioned before any questions about an offence, or further questions if the answers provide the grounds for suspicion, are put to them if either the suspects answers or silence, (i.e. (ii) the suspect must not be asked to give their informed consent to be interviewed until after they have been informed of the rights, entitlements and safeguards that apply to voluntary interviews. It includes information required by EU Directive 2012/13 on the right to information in criminal proceedings. (ii) might have acquired for an unlawful or harmful purpose while in custody; (b) the safekeeping of any property taken from a detainee which remains at the police station. 9G Paragraphs 9.15 and 9.16 do not require any information about the cause of any injury, ailment or condition to be recorded on the custody record if it appears capable of providing evidence of an offence. 3I An interviewer who is not sure, or has any doubt, about whether a place or location elsewhere than a police station is suitable for carrying out a voluntary interview, particularly in the case of a juvenile or vulnerable person, should consult an officer of the rank of sergeant or above for advice. This statement is true. (d) For juvenile and vulnerable suspects (see paragraphs 1.4 and 1.5): (i) the information must be provided or (as the case may be) provided again, together with the notice, in the presence of the appropriate adult; (ii) if cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adults presence (see paragraph 10.12); (iii) the suspect must be informed of the decision that an appropriate is required and the reason (see paragraph 3.5(c)(ii); (iv) the suspect and the appropriate adult shall be advised: that the duties of the appropriate adult include giving advice and assistance in accordance with paragraphs 1.7A and 11.17; and. 1. The use of live link for decisions about detention under section 45A of PACE is subject to regulations made by the Secretary of State being in force. record the offence(s) that the detainee has been arrested for and the reason(s) for the arrest on the custody record. The intrusive nature of such searches means the actual and potential risks associated with intimate searches must never be underestimated. (f) if applicable, the responses received when attempting to rouse a person using the procedure in Annex H. See Note 9H. 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. Any record made is not required to be kept as part of the custody record but the custody record should be noted as to where such a record exists and that record shall be treated as being part of the custody record for the purpose of this and any other Code of Practice (see paragraphs 2.4, 2.4A and 2.5). 9.3 B Each female detainee aged 18 or over shall be asked in private if possible and at the earliest opportunity, if they require or are likely to require any menstrual products whilst they are in custody. The Equality Act also makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the protected characteristics of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity, when using their powers. 2.3 The custody officer is responsible for the custody records accuracy and completeness and for making sure the record or copy of the record accompanies a detainee if they are transferred to another police station. An interviewer who has any doubts about whether and what arrangements for an interpreter must be made or about how the provisions of this section should be applied to a suspect who is not under arrest should seek advice from an officer of the rank of sergeant or above. If the custody officer or the interviewer (subject to paragraph 13.1(b)) is satisfied that for a particular purpose as described in paragraphs 2 and 3 above, the live-link interpretation would not adversely affect or otherwise undermine or limit the suspects ability to communicate confidently and effectively for that purpose, they must so inform the suspect, their solicitor and (if applicable) the appropriate adult. 13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other Code, to making arrangements for an interpreter to assist a suspect, mean making arrangements for the interpreter to be physically present in the same location as the suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow live- link interpretation to be used. 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adults presence if they are already at the police station. In this case, action to secure the provision of advice if so requested by their appropriate adult will be taken without delay in the same way as if requested by the person (see sub-paragraph (b)(iii)). 15.4 B For the purpose of using a live link in accordance with sections 45ZA and 45ZB of PACE to authorise detention without charge (see paragraphs 15.11A and 15.11C), the reference to any other reason would extend to difficulties in understanding the purposes mentioned in paragraph 15.4A that might arise if the person happened to be under the influence of drink or drugs at the time the live link is to be used. This means that if a detainees eyesight or hearing is impaired, the arrangements which would be needed to ensure effective communication if all parties were physically present in the same location, for example, using sign language, would apply to the live link arrangements.
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