Draft for consultation on the revision ofPACE Code C
When viewing this document on screen with the “Display for Review” option set at <Final Showing Markup>, many formatting tracked changes have been accepted to reduce clutter, as a result, the layout of the text in <Original> view will not be identical to the current code but all the original text should be there. Weblink to PDF version of the current Code C:
The table starting on the next page provides a summary explanation of the changes with a hyperlink for each change to the draft (Clickhere to view).
Many of the changes to Code Care mirrored(with modifications as necessary) in the draft revised version of PACE Code H and vice versa in order to ensure consistency.
The most substantial changes to the text concern access to legal advice in section 6 and the requirements which apply when a person changes their mind about wanting advice and the addition of a new Annex on Gender and searching.
27 October 2011
Responses to the Consultation:
All responses should be sent to arrive no later than 24 January 2012. Details of the consultationwill also be published in the Police Powers section of the Home Office website at
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Codes of practice – Code C Detention, treatment and questioning of persons by police officers
SUMMARY & EXPLANATION OF CHANGES TO CODE C
(Click on underlined links to view relevant text of the Code. From the top line menu, right click on <View>, select <Toolbars> & tick ‘Web’ to display and use the — and — Back & Forward arrows)
No. / Paragraph / Summary of changes, reason/purpose1 / Commencement / The revised Code will come into force as specified in the affirmative Order.
2 / C1.0 / Addition: General reminder to police regarding discrimination which refers to the protected characteristics to which the Equality Act 2010 applies.
3 / C1.7 / Changes to reflect statutory definition in section 65(7) of the Crime & Disorder Act 1998 & section 63B(10) of PACE/Code C17.7 Note 17G (Drug testing)
4 / C1.9Note 1J / Changes to reflect the repeal of the staff custody officer provisions in sections 120/121 of the Serious Organised Crime & Police Act 2005
5 / C1.11 / Clarifies & distinguishes scope of Code C from that of Code H and the Terrorism Act Code of Practice for Examining Officers. C1.11(a) second bullet point is subject to the post-charge questioning provisions of the Counter-Terrorism Act 2008 being commenced.
5A / C1.12 / Grammar
6 / C1.15 / A new general definition for directly employed & contracted civilian police staff to avoid the need to amend the Code when the Police & Social Responsibility Bill is enacted.
7 / C1.13(c)Annex L / New sub para (c) with a reference to new Annex L which revises the same-sex searching provisions in Code A Annex F and is replicated in Code H as Annex I.
8 / C2.3A / New paragraph: Reflects amendment to the stop/search recording requirements in s.3 PACE made by s.1 Crime & Security Act 2010 and which apply to terrorism and non-terrorism stop & search powers.
9 / C3.4 / Clarification to ensure accuracy with section 37(5) & (6) of PACE.
10 / C3.5C3.6 / Amendment allows custody officer to direct other custody staff to provide specified information to, and obtain specified information from, the detainee during the initial ‘booking in’ process.
11 / C3.8A / New paragraph: Distinguishes the assessment upon which the response is based from the response which is set out in the custody record and is made available to the detainee. Includes caveat that information should not be withheld if it would put a person at risk.
12 / C3.9Note 3E / C3.9 is extended to cover risks to those who come into contact with the detainee. Reference to operational guidance in the public domain added to Note 3E.
13 / C3.16
Annex E Note 4 / First new sentence: Reflects the amendment to section 136 of the Mental Health Act 1983 made by the Mental Health Act 2007 Act which allows a person to be transferred from one place of safety to another. Emphasises guidance in Chapter 10 of the 2008 revised version of the Mental Health Act 1983 Code of Practice, see:
Second new sentence: Clarifies that as an appropriate adult has no role in any examination/ assessment, their presence is not required. Note 4 added to Annex E. Subject to further consultation agreement with relevant appropriate healthcare professionals.
14 / C3.21 / Amended to ensure consistency with the changes to Code G which related to voluntary attendance for interview, see Code G2.9(e)(i) & Note 2F. Reference to Note 6B which describes the arrangements for obtaining legal advice added.
15 / C4.1Annex L / Reference to Annex L (same sex searches) added
16 / C5.1, C5.7BNote 5F / New C5.7B exempts persons detained under the Crime (Sentences) Act 1997 detainees from the provisions of section 5. Ensures that the directions of the prison Governor or Director authorising production do not conflict with the Code. Supported by new Note 5F.
17 / C5.4Note5B / References to visits being from persons likely to take an interest in the detainees’ welfare and the need for the detainee’s consent for visits added. Changes follow existing corresponding provisions of in Code H (5.4 & Note 5B)
18 / C6.1Note 6B, Notes 6B1,6B2Note 6D / Notes for Guidance amended/deleted to reflect changes to the arrangements for obtaining legal advice described in detail in Note 6B.
19 / C6.5 / Amendment reflects current arrangements whereby legal advice in certain cases is only available by telephone from Criminal Defence Service (CDS) Direct.
20 / C6.5A / Grammar
21 / C6.6(d) / Amends action required when a suspect changes their mind about wanting legal advice. Adds a requirement for the inspector to enquire into the solicitor’s expected time of arrival & inform the suspect & remind them that they retain the right to legal advice.
22 / C6.7 / Extended to include the provisions in Code H6.8 which apply equally to Code C
23 / C6.8 / Extended to reflect revised arrangements for obtaining legal advice at police stations introduced by the Legal Services Commission.
24 / C6.11 / Substitutes Solicitors Regulatory Authority for Law Society to reflect the separation of the Law Society’s regulatory functions from its representational functions.
25 / C7Annex F / Changes made to take account of changes to the arrangements for compulsory notification of arrest to be implemented by the FCO and UKBA.
26 / C8.1Note 8C / Adds reference to new Note 8C to draw attention to current operational guidance in the public domain.
27 / C9.1Note 8C / For consistency, ‘appropriate healthcare professional’ (as defined by Note 9A) replaces reference to ‘police surgeon’ to reflect current terminology and practice. Reference to new Note 8C added (see item 26)
28 / C9.6Note 9D / Grammar and reference to Mental Health Act Code of Practice added to Note 9D. Last sentence inNote 9D deleted to reflect amendment to the Act, which allows transfers.
29 / C9.8 / Replaces reference to ‘police surgeon’ to reflect current terminology and practice.
30 / C9.10 / Amendment allows custody officer to delegate the distribution of Schedule 4/5 drugs to other staff. Also corrects grammar.
31 / Not used
32 / C13.1Note 13A / Deletions and new Note 13A take account of the changes being implemented through the MoJ Interpreters Project Board.
33 / C15.2A / Minor clarification to indicate that section 42 PACE concerns detention before charge
34 / C15.3C / Grammar
35 / C16.1A / Grammar
36 / C15.9sub-heading (b) / Reference to video conferencing facilities added to sub heading (b)
37 / C15.1015.11Note15G / New provisions to clarify requirements under s.45A PACE for carrying out reviews using video conferencing facilities. Includes definition added to Note 15G. The purpose is to support the introduction of regulations which allow video conferencing facilities to be used throughout England and Wales.
38 / C16.3 / Clarification
39 / Not used
40 / C17.2 / Style
41 / C17.16(b) / Clarification re exception from disposal of samples taken for Class A drug testing.
42 / Annex A2B / Inserts explanation of what is required for appropriate consent (s.65 PACE) to be valid taken from D2.12 and D2.14. Provides clarity and ensures that this safeguard for juveniles and vulnerable adults is not overlooked. (See also Annex K para. 3 below).
43 / Annex E1Note E4 / See C3.16 above – item13.
44 / Annex E5 / Refers to ‘appropriate’ healthcare professional for consistency in terminology
45 / Annex E6 / See C3.16 above – item 13.
46 / Annex E11 / For consistency with C16.6 to which this summary in Annex E relates and aims to reflect.
47 / Annex F / See C7 above – item 25
48 / Annex K3 / Inserts an explanation of what is required for appropriate consent (s.65 PACE) to be valid taken from D2.12 and D2.14. Provides clarity and ensures that this safeguard for juveniles and vulnerable adults is not overlooked. See also Annex A para. 2B above.
49 / Annex LGender and Search / New Annex Lwith Notes gives guidance regarding searches by officers of same sex.
Note L1 gives examples of powers,
Notes L2, L3L4 provide definitions.
Note L5 outlines the responsibility of chief officers to provide corresponding operational guidance for transsexual officers & staff under their direction and control.
NoteL6 will provide a reference to more detailed guidance which is outside the scope of the Code.
Notes for Guidance
Note 1J / Deleted,see C1.9 above – item 4
Note1K / Grammar
Note 5B / Amended, see C5.4 above – item 17
Note 5F / New, see C5.7B above – item16
Note 6B / Amended, see C6.1 above –item 18
Notes 6B1 & 6B2 / Deleted, see C6.1 above –item 18
Note 6D / Amended, see C6.1 above – item 18
Note 8C / New, see 8.1 above – item26
Note 9D / Amended, see C9.6 above – item28
Note10F / Updates reference to Customs Officers.
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Codes of practice – Code C Detention, treatment and questioning of persons by police officers
DRAFT
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
CODE C
CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY POLICE OFFICERS
Laid before Parliament under section 67(7B)of the
Police and Criminal Evidence Act 1984 (PACE)
POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE)
CODE C
DRAFT
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
midnight on dd mmmm yyyy31 January 2008, notwithstanding that their period
of detention may have commenced before that time.
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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. The Equality Act 2010 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. When police forces are carrying out their functions, they also have a duty to have regard to the need to eliminate unlawful discrimination, harassment and victimisation and to take steps to foster good relations.
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 the Notes 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 be treated as a juvenile for the purposes of this Code in the absence of clear evidence that they are older.
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 care, or is otherwise being looked after under the Children Act 1989, a person representing that authority or organisation;
(ii)a social worker of a local authority;
(iii)failing these, some other responsible adult aged 18 or over who is not a police officer or employed by the police.
(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 any :-
police officer who for the time being, is; or
designated staff custody officer acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation,
performing the functions of a custody officer. See Note 1J.
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. 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.People detained under the Terrorism Act 2000, Schedule 8 and section 41 and other provisions of that Act are not subject to any part of this Code. Such persons are subject to the Code of Practice for detention, treatment and questioning of persons by police officers detained under that Act.
1.12This Code ’s provisions dodoes not apply to people in custody:
(i)arrested on warrants issued in Scotland by officers under the Criminal Justice and Public Order Act 1994, section 136(2), or arrested or detained without warrant by officers from a police force in Scotland under section 137(2). 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;
(v)not used
(vi)detained for searches under stop and search powers except as required by Code A.
The provisions on conditions of detention and treatment in sections 8 and 9 must be considered as the minimum standards of treatment for such detainees.
1.13In this Code:
(a)‘designated person’ means a person other than a police officer, designated under the Police Reform Act 2002, Part 4 who has specified powers and duties of police officers conferred or imposed on them;
(b)reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation.
(c)where a search or other procedure to which this code applies may only be carried out or observed by a person of the same sex as the detainee, the gender of the detainee and other parties present should be established and recorded in line with Annex FL of this Code.
1.14Designated persons are entitled to use reasonable force as follows:-
(a)when exercising a power conferred on them which allows a police officer exercising that power to use reasonable force, a designated person has the same entitlement to use force; and
(b)at other times when carrying out duties conferred or imposed on them that also entitle them to use reasonable force, for example:
- when at a police station carrying out the duty to keep detainees for whom they are responsible under control and to assist any other police officer or designated person to keep any detainee under control and to prevent their escape.
- when securing, or assisting any other police officer or designated person in securing, the detention of a person at a police station.
- when escorting, or assisting any other police officer or designated person in escorting, a detainee within a police station.
- for the purpose of saving life or limb; or
- preventing serious damage to property.
1.15Nothing in this Code prevents the custody officer, or other officer given custody of the detainee, from allowing police staff who are not designated persons to carry out individual procedures or tasks at the police station if the law allows. However, the officer remains responsible for making sure the procedures and tasks are carried out correctly in accordance with the Codes of Practice. Any such person must be:
(a)a person employed by a police force authority maintaining a police force and under the direction control and direction control of the Chief Officer of that force;
(b)employed by a person with whom a police force authority has a contract for the provision of services relating to persons arrested or otherwise in custody.
1.16Designated persons and other police staff must have regard to any relevant provisions of the Codes of Practice.
1.17References to pocket books include any official report book issued to police officers or other police staff.
Notes for guidance