Codes of practice – Code C Detention, treatment and questioning of persons by police officers
Draft revised PACE Code C (Detention)
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For access to,and comparison with, the PDF version of the current Code C which came into force on 27 October 2013, click on the link below:
The proposed revisions to Code C (Detention) which are mirrored in Code H (Detention – terrorism) are required to implement EU Directive 2012/13 on the right to information in criminal proceedings by the transposition date of 2 June 2014. The Directive sets out the terms and scope of the revisions for the purposes of which the written notice (Notice of Rights and Entitlements) provided to detainees at police stations has been substantially extended.
Click here to access the Directive:
Clickhere to access the written notice and other information currently available for detainees.
The proposed revisions apply to the investigative stage for which implementation of the Directive is the responsibility of the Secretary of State for the Home Department and concern those aspects which are which within the scope of the Codes.
Aspects of the Directive which are outside the scope of the PACE Codes are not included, for example, requirements concerning European Arrest Warrant which are subject to the Extradition Act 2003 and Codes of Practice issued under that Act apply and the post charge, pre-trial disclosure of evidence to which the Attorney General’s Guidelines on Disclosure apply.
There are some minor typographical corrections and out of date references have been updated.
The table on the next page summarises the changes with links to the text of the provisions and Notes for Guidance and references to the Articles of the Directive they aim to implement.
Click here to view the table.
Clickhere for a Table of Contents for the draft.
24March 2014
Responses to the Consultation:
All responses should be sent to to arrive no later than Tuesday 22 April 2014. Details of the consultation will also be published in the Police Powers section of the Home Office website at here.
SUMMARY & EXPLANATION OF CHANGES TO CODE C
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Key: Art 3(1) = Article of EU Directive 2012/13to which the changes apply. Other Articles already implemented by existing provisions or otherwise than via this Code are not included:
No. / Paragraph / Summary of changes, reason/purposeCommencement / The revised Code will come into force as specified in the Order.
C2.4 / Art 4(2)(a)/Art3(1)(c)/Art 6(1)(4)/Art 7(1)/Art 8(1) With C15.7A, sets out the requirement to ensure that specific information and records concerning the offence and the suspect’s arrest & detention are available to detainees, solicitors and appropriate adults. Also applies to the changes which affect arrest and detention to which Art 6(4) refers. Requires access to be recorded
C3.1(a) new sub para. / Art 3(1)(d)/Art 3(2)/Art 4(2)(b) Extends the information currently given orally to include, if applicable following reference to C3.12C3.12A, the rights to interpretation and translation and to consular access.
C3.1(b)new sub para. / Art 3(1)(c)/Art 3(2)/Art 4(2)/Art 6(1)(4) For consistency and to avoid doubt, removes the discretion in Article 3(2) by including the suspect’s right to information about the offence and arrest/detention to the information about rights to be given orally.
C3.2(a)
Note 3A
Note 3B / Art 4(2)(a)/(b)/(c)/(d) Information about rights listed in the Notice of Rights and Entitlements (NoRE) are extended to include information about; the accusation (C3.1(b)), access to records & documents about their arrest & detention& the offence (C2.4, C3.4(b), C11.1AC15.0) access to evidence if charged, interpretation and translation (C3.12), contact with consular authorities (C3.12A), the maximum period of detention, release and reviews of detention.
C3.2(b)
Note 3A / Includes matters currently listed as entitlements in Note3Awhich now support C3.12(c)with a link to the HO Website with regard to currently available translationsand versions of the NoRE.
C3.2A new / Art 4(1) Replaces the previous ‘Note’ and adds a requirement for the detainee to be given an opportunity to read the notice.
C3.3 / ‘Not used’ – the right of a foreign national to communicate with their consular authorities moved to C3.12A.
C3.3A
Note 3B / Art 4(4)/(5) The reference to audio and ‘easy read’ versions in Note 3Bbecomes a new provision. Supported by Note 3Awith a link to the HO Website for the currently available versions. Note3Bis‘Not used’
C3.4(a) / Art 6(2)(4) Extended to ensure that the requirement to record the grounds for detention & inform the detainee apply to any further offences & grounds which come to light.
C3.4(b) new / Art 7(1)Inserts requirement to provide information essential to challenging arrest and detention. Referred to in new C15.0 under ‘Reviews and extensions of detention’.
C3.12(c)/(d)
Note 3A / Art 3(1)(d)/Art 4(5) Requires the NoRE to include the right to interpretation translation & specifies the requirement to provide a translation of the NoRE. If an existing translation is not available, there is a new requirement to provide one without undue delay. Latter was previously an option under Note 3Bwhichbecomes ‘Not used’. Supported by Note 3Awith a link to the HO Website for the currently available translations & versions
C3.12A / Art 4(2)(b) Requires the NoRE to include information about the right to inform consular authorities as in section 7 of the Code.
C3.17 (new) / Art 4(5) Entitles the appropriate adult to have a copy of the NoRE if they need one to support detainees who require an appropriate adult.
C3.21 / Art 3(1)/(2) Art 6 New sub-para.(b) to ensure suspects who have not been arrested are informed of, and allowed to exercise, the rights which apply whether or not the suspect has been arrested. Also corrects cross reference to C3.5.
C3.26 & new sub heading (f) / Art 8(2) New provisions to deal with claims that the information & access to be provided in this section has not been provided.
C Notes 3E8C / Web links to College of Policing APP updated.
C6.116.12 / References to Legal Service Commission replaced by Legal Aid Agency.
C11.1A / Art 6(1)/Art 8(2) Extended to support C3.2(a)(v) with regard to the suspect’s right to information about the offences and requirement to make a record when information is provided.
C15.0new / Art 7(1) Applies C3.4(b) to section 15 with regard to the requirement to provide information essential to challenging arrest and detention.
C15.7A new / Art 7(1) New provision summarises section 43/44 PACE – warrants of further detention, referred to in C3.2(a)(v).
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Codes of practice – Code C Detention, treatment and questioning of persons by police officers
(1)
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
CODE C
REVISED
CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING
OF PERSONS BY POLICE OFFICERS
1
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
CODE C
REVISED
CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING
OF PERSONS BY POLICE OFFICERS
Presented to Parliamentpursuant tosection 67(7B)of the
Police and Criminal Evidence Act 1984 (PACE)
1
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
CODE C
REVISED
CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING
OF PERSONS BY POLICE OFFICERS
Commencement - Transitional Arrangements
This Code applies to people in police detention after 00.00 on 2 June 2014, notwithstanding that their period of detention may have commenced before that time.
1
Contents
1General......
Notes for Guidance
2Custody records
Note for Guidance
3Initial action......
(a)Detained persons - normal procedure
(b)Detained persons - special groups
(c)Persons attending a police station or elsewhere voluntarily
(d)Documentation
(e)Persons answering street bail
(f)Requirements for suspects to be informed of certain rights
Notes for Guidance
4Detainee’s property
(a)Action
(b)Documentation
Notes for Guidance
5Right not to be held incommunicado
(a)Action
(b)Documentation
Notes for Guidance......
6Right to legal advice
(a)Action
(b)Documentation
Notes for Guidance
7Citizens of independent Commonwealth countries or foreign nationals
(a)Action
(b)Documentation
Note for Guidance
8Conditions of detention
(a)Action
(b)Documentation
Notes for Guidance
9Care and treatment of detained persons
(a)General
(b)Clinical treatment and attention
(c)Documentation
Notes for Guidance
10Cautions
(a)When a caution must be given
(b)Terms of the cautions
(c)Special warnings under the Criminal Justice and Public Order Act 1994, sections 36 and 37
(d)Juveniles and persons who are mentally disordered or otherwise mentally vulnerable
(e)Documentation
Notes for Guidance
11Interviews - general
(a)Action
(b)Interview records
(c)Juveniles and mentally disordered or otherwise mentally vulnerable people
(d)Vulnerable suspects - urgent interviews at police stations
Notes for Guidance
12Interviews in police stations
(a)Action
(b)Documentation
Notes for Guidance
13Interpreters
(a)General
(b)Interviewing suspects - foreign languages
(c)Interviewing suspects who have a hearing or speech impediment
(d)Additional rules for detained persons
(e)Translations of essential documents
(f)Decisions not to provide interpretation and translation.
(g)Documentation
Notes for Guidance
14Questioning - special restrictions
Note for Guidance
15Reviews and extensions of detention
(a)Persons detained under PACE
(b)Review of detention by telephone and video conferencing facilities
(c)Documentation
Notes for Guidance
16Charging detained persons
(a)Action
(b)Documentation
Notes for Guidance
17Testing persons for the presence of specified Class A drugs
(a)Action
(b)Documentation
(c)General
(d)Assessment of misuse of drugs
Notes for Guidance
ANNEX AINTIMATE AND STRIP SEARCHES
AIntimate search
(a)Action
(b)Documentation
BStrip search
(a)Action
(b)Documentation
Notes for Guidance
ANNEX BDELAY IN NOTIFYING ARREST OR ALLOWING ACCESS TO LEGAL ADVICE
APersons detained under PACE
BNot used
CDocumentation
DCautions and special warnings
Notes for Guidance
ANNEX CRESTRICTION ON DRAWING ADVERSE INFERENCES FROM SILENCE AND TERMS OF THE CAUTION WHEN THE RESTRICTION APPLIES
(a)The restriction on drawing adverse inferences from silence
(b)Terms of the caution when the restriction applies
Notes for Guidance
ANNEX DWRITTEN STATEMENTS UNDER CAUTION......
(a)Written by a person under caution
(b)Written by a police officer or other police staff
ANNEX ESUMMARY OF PROVISIONS RELATING TO MENTALLY DISORDERED AND OTHERWISE MENTALLY VULNERABLE PEOPLE
Notes for Guidance
ANNEX FNot used
ANNEX GFITNESS TO BE INTERVIEWED
ANNEX HDETAINED PERSON: OBSERVATION LIST
ANNEX INot used
ANNEX JNot used......
ANNEX KX-RAYS AND ULTRASOUND SCANS
(a)Action
(b)Documentation
Notes for Guidance
ANNEX LESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
(a)Consideration
(b)Documentation
(c)Disclosure of information
Notes for Guidance
ANNEX MDOCUMENTS AND RECORDS TO BE TRANSLATED
Table of essential documents:
Documentation
Notes for Guidance
1
Codes of practice – Code C Detention, treatment and questioning of persons by police officers
1General
1.0The powers and procedures in this Code must be used fairly, responsibly, with respect for the people to whom they apply and without unlawful discrimination. Under the Equality Act 2010, section 149, when police officers are carrying out their functions, they also have a duty to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, to advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it, and to take steps to foster good relations between those persons. See Notes 1Aand 1AA.
1.1All persons in custody must be dealt with expeditiously, and released as soon as the need for detention no longer applies.
1.1AA custody officer must perform the functions in this Code as soon as practicable. A custody officer will not be in breach of this Code if delay is justifiable and reasonable steps are taken to prevent unnecessary delay. The custody record shall show when a delay has occurred and the reason. See Note 1H.
1.2This Code of Practice must be readily available at all police stations for consultation by:
- police officers;
- police staff;
- detained persons;
- members of the public.
1.3The provisions of this Code:
- include the Annexes
- do not include theNotes for Guidance.
1.4If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purposes of this Code. See Note 1G.
1.5If anyone appears to be under 17, they shall in the absence of clear evidence that they are older,be treated as a juvenile for the purposes of this Code and any other Code.
1.5AIf anyone appears to have attained the age of 17 and to be under the age of 18, they shall in the absence of clear evidence that they are older, be treated as a 17-year-old for the purposes of this and any other Code. The provisions and Notes for Guidance which in accordance with paragraph 1.5 apply to a juvenile and the way they are to be treated shall also apply to them, exceptas described in sub-paragraphs (a) and (b) below:
(a)The statutory provisions in section 38 of PACE (Detention after charge) which apply only to an arrested juvenileas defined in section 37(15) of PACE and to which paragraphs 16.7 and 16.10 and Note 16Dof this Coderelate, shall not apply to a person who appears to have attained the age of 17 for the purposes of:
(i)the grounds to keepthem in police detention after charge; and
(ii)the requirement to transfer a person who has been kept in police detention after charge to local authority accommodation and the power of the local authority to detainthem pending appearance at court.
(b)the statutory provisions in section 65(1) of PACE (appropriate consent) which require appropriate consent for a person who has not attained the age of 17 to be given by them and their parent or guardian shall not apply to a person who appears to have attained the age of 17 and whose consent alone shall be sufficient.
In this Code, section 65(1) applies to Annex A paragraphs 2(b) and 2B (Intimate searches) and Annex K paragraphs 1(b) and 3 (X-Ray and ultrasound scan) and in Code D (Identification) to paragraph 2.12 and Note 2Awith regards to taking fingerprints, samples, footwear impressions, photographs and evidential searches and examinations.
See Notes1L and 1M.
1.6If a person appears to be blind, seriously visually impaired, deaf, unable to read or speak or has difficulty orally because of a speech impediment, they shall be treated as such for the purposes of this Code in the absence of clear evidence to the contrary.
1.7'The appropriate adult' means, in the case of a:
(a)juvenile:
(i)the parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority or organisation (see Note 1B);
(ii)a social worker of a local authority (see Note 1C);
(iii)failing these, some other responsible adult aged 18 or over who is not a police officer or employed by the police.
Note:Paragraph 1.5A extends sub-paragraph (a) paragraph to the person called to fulfil the role of the appropriate adult for a 17-year-old detainee.
(b)person who is mentally disordered or mentally vulnerable: See Note 1D.
(i)a relative, guardian or other person responsible for their care or custody;
(ii)someone experienced in dealing with mentally disordered or mentally vulnerable people but who is not a police officer or employed by the police;
(iii)failing these, some other responsible adult aged 18 or over who is not a police officer or employed by the police.
1.8If this Code requires a person be given certain information, they do not have to be given it if at the time they are incapable of understanding what is said, are violent or may become violent or in urgent need of medical attention, but they must be given it as soon as practicable.
1.9References to a custody officer include anypolice officer who for the time being, is performing the functions of a custody officer.
1.9AWhen this Code requires the prior authority or agreement of an officer of at least inspector or superintendent rank, that authority may be given by a sergeant or chief inspector authorised to perform the functions of the higher rank under the Police and Criminal Evidence Act 1984 (PACE), section 107.
1.10Subject to paragraph 1.12, this Code applies to people in custody at police stations in England and Wales, whether or not they have been arrested, and to those removed to a police station as a place of safety under the Mental Health Act 1983, sections 135 and 136, as a last resort (see paragraph 3.16). Section 15 applies solely to people in police detention, e.g. those brought to a police station under arrest or arrested at a police station for an offence after going there voluntarily.
1.11No part of this Code applies to a detained person:
(a)to whom PACE Code H applies because:
- they are detained following arrest under section 41 of the Terrorism Act 2000 (TACT) and not charged; or
- an authorisation has been given under section 22 of the Counter-Terrorism Act 2008 (CTACT) (post-charge questioning of terrorist suspects) to interview them.
(b)to whom the Code of Practice issued under paragraph 6 of Schedule 14 to TACT applies because they are detained for examination under Schedule 7 to TACT.
1.12This Code does not apply to people in custody:
(i)arrested by officers under the Criminal Justice and Public Order Act 1994, section 136(2) on warrants issued in Scotland, or arrested or detained without warrant under section 137(2) by officers from a police force in Scotland. In these cases, police powers and duties and the person's rights and entitlements whilst at a police station in England or Wales are the same as those in Scotland;
(ii)arrested under the Immigration and Asylum Act 1999, section 142(3) in order to have their fingerprints taken;
(iii)whose detention is authorised by an immigration officer under the Immigration Act 1971;
(iv)who are convicted or remanded prisoners held in police cells on behalf of the Prison Service under the Imprisonment (Temporary Provisions) Act 1980;