15.11E The consent described in paragraph 15.11D will only be valid if: (i) in the case of a detainee aged 18 or over who is a vulnerable adult as described in paragraph 15.4A), information about how the live link is used and the reminder about their right to legal advice mentioned in paragraph 15.4 and their consent, are given in the presence of the appropriate adult; and, if information about how the live link is used and the reminder about their right to legal advice mentioned in paragraph 15.4 are given in the presence of the appropriate adult (who may or may not be their parent or guardian); and. 3 1.88 per 100g (51) Add to trolley. See paragraph 13.1C if the detainee is in Wales. 1.5 Anyone who appears to be under 18, 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. The interviewer is responsible for ensuring that the original certified record and the copy are retained with the case papers for use as evidence if required and must advise the interpreter of their obligation to keep the original record securely for that purpose., At the beginning of each paragraph, insert: Before the interview commences, the operation of live-link interpretation shall be explained and demonstrated to the suspect, their solicitor and appropriate adult, unless it has been previously explained and demonstrated (see Code C Annex N paragraph 4)., After the third sentence, insert, If live-link interpretation has been used, the interviewer should ask the interpreter to observe the removal and sealing of the master recording and to confirm in writing that they have seen it sealed and signed by the interviewer. It is particularly important that directions concerning the frequency of visits are clear, precise and capable of being implemented. Nothing in this Annex is to be read as authorising or permitting any police officer or any police staff who has acquired such information when acting in their official capacity to disclose that information to any other person in contravention of the GRA. 7.2 A detainee who is a citizen of a country with which a bilateral consular convention or agreement is in force requiring notification of arrest must also be informed that subject to paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission, Embassy or Consulate as soon as practicable, whether or not they request it. (iii) otherwise prejudice the outcome of the investigation; (b) at the request of the detainee, their appropriate adult or legal representative; (c) when a delay or interruption is necessary in order to: (i) comply with the legal obligations and duties arising under section 15; or. https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention. The detainee may also be examined by a medical practitioner of their choice at their expense. 15D An application to a Magistrates Court under PACE, sections 43 or 44 for a warrant of further detention or its extension should be made between 10am and 9pm, and if possible during normal court hours. If the person cannot be contacted the detainee may choose up to two alternatives. 12ZA Live link means an arrangement by means of which the interviewing officer who is not at the police station is able to see and hear, and to be seen and heard by, the detainee concerned, the detainees solicitor, any appropriate adult present and the officer who has custody of that detainee. Once it is clear a detainee does not want to speak to a solicitor in person or by telephone they should cease to be asked their reasons. A sufficient sample is sufficient in quantity and quality to enable drug-testing analysis to take place. 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. See Note 16D. 5.3 The above right may be exercised each time a detainee is taken to another police station. 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. 11B The Criminal Procedure and Investigations Act 1996 Code of Practice, paragraph 3.5 states In conducting an investigation, the investigator should pursue all reasonable lines of enquiry, whether these point towards or away from the suspect. (d) the time of charge or, where the arrest condition is being relied upon, the time of arrest and, where applicable, the fact that a sample taken after arrest but before charge is to be treated as being taken by virtue of the charge condition, where that is met in the same period of continuous detention. 6B A detainee has a right to free legal advice and to be represented by a solicitor. This includes representations made in accordance with paragraphs 4 and 7. 6ZA No police officer or police staff shall indicate to any suspect, except to answer a direct question, that the period for which they are liable to be detained, or if not detained, the time taken to complete the interview, might be reduced: if they do not ask for legal advice or do not want a solicitor present when they are interviewed; or. Section 22 of the GRA defines any information relating to a persons application for a GRC or to a successful applicants gender before it became their acquired gender as protected information. Where such a requirement is imposed, the officer must, at the same time, impose a second requirement on the detainee to attend and remain for a follow-up assessment. 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. 15CA In paragraph 15.3(b) and (c), available includes being contactable in time to enable them to make representations remotely by telephone or other electronic means or in person by attending the station. A6 In warning a detainee who is asked to consent to an intimate drug offence search, as in paragraph 2B, the following form of words may be used: You do not have to allow yourself to be searched, but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. If no specific risks are identified by the assessment, that should be noted in the custody record. Is Discontinued By Manufacturer : No; Package Dimensions : 8.82 x 6.61 x 5.91 inches; 3.8 Pounds; Item model number : 200000021922; Manufacturer : Pace; ASIN : B0105E0DW0 From pizza to chowder to enchiladas and so much more, Pace sauces help you put great tasting dinners on the table. 11.13 A record shall be made of any comments made by a suspect, including unsolicited comments, which are outside the context of an interview but which might be relevant to the offence. In these cases, the responsibilities of the custody officer are, if appropriate, assigned to the interviewer. 3.22A Before asking the suspect any questions about their involvement in the offence they are suspected of committing, the interviewing officer must ask them to confirm that they agree to the interview proceeding. This section was amended by section 42 of the Criminal Justice and Courts Act 2015 with effect from 26 October 2015, and includes anyone who appears to be under the age of 18. (c) the officer in charge of the investigation, or in the case of a detained suspect, the custody officer, see paragraph 16.1, reasonably believes there is sufficient evidence to provide a realistic prospect of conviction for that offence. See paragraphs 16.1 to 16.4A. 6. 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. 9.5 B The custody officer must also consider the need for clinical attention as set out in Note 9C in relation to those suffering the effects of alcohol or drugs. The period may not be interrupted or delayed, except: (a) when there are reasonable grounds for believing not delaying or interrupting the period would: (i) involve a risk of harm to people or serious loss of, or damage to, property; (ii) delay unnecessarily the persons release from custody; or. The reasons for doing so should be noted in the custody record. B3 A decision to delay access to a specific solicitor is likely to be a rare occurrence and only when it can be shown the suspect is capable of misleading that particular solicitor and there is more than a substantial risk that the suspect will succeed in causing information to be conveyed which will lead to one or more of the specified consequences. 9.15 A record must be made in the custody record of: (a) the arrangements made for an examination by an appropriate healthcare professional under paragraph 9.2 and of any complaint reported under that paragraph together with any relevant remarks by the custody officer; (b) any arrangements made in accordance with paragraph 9.5; (c) any request for a clinical examination under paragraph 9.8 and any arrangements made in response; (d) the injury, ailment, condition or other reason which made it necessary to make the arrangements in (a) to (c); See Note 9G. 17D Samples, and the information derived from them, may not be subsequently used in the investigation of any offence or in evidence against the persons from whom they were taken. 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. Particular examples include appropriate healthcare professionals (see section 9 of this Code), Independent Custody Visitors and drug arrest referral workers. This is a taste test/review of the new Pace Ready Meals in the Cheesy Chicken Quesadilla flavor. In the case of juveniles and vulnerable persons, the seeking and giving of consent must take place in the presence of the appropriate adult. The intrusive nature of such searches means the actual and potential risks associated with intimate searches must never be underestimated. (a) designated person means a person other than a police officer, who has specified powers and duties conferred or imposed on them by designation under section 38 or 39 of the Police Reform Act 2002; (b) C 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) if there is doubt as to whether the person should be treated, or continue to be treated, as being male or female in the case of: (i) a search carried out or observed by a person of the same sex as the detainee; or. in respect of any comments they may make: when given the opportunity to make representations; or. If the detainee continues to waive this right, or a detainee whose right to free legal advice is limited to telephone advice from the Criminal Defence Service (CDS) Direct (see Note 6B) declines to exercise that right, the officer should ask them why and any reasons should be recorded on the custody record or the interview record as appropriate. 1.9 References to a custody officer include any police officer who, for the time being, is performing the functions of a custody officer. 12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify themselves and any other persons present to the interviewee. (b) the grounds for giving the authorisation. After charge, bail cannot be refused, or release on bail delayed, simply because an appropriate adult is not available, unless the absence of that adult provides the custody officer with the necessary grounds to authorise detention after charge under PACE, section 38. if it is clear a person will only be detained for a short period and is not to be placed in a cell, the custody officer may decide not to search them. This Note for Guidance explains the arrangements which enable detainees to obtain legal advice. If the interviewer considers an appropriate adult is acting in such a way, they will stop the interview and consult an officer not below superintendent rank, if one is readily available, and otherwise an officer not below inspector rank not connected with the investigation. apply when a detainee who has asked for legal advice is interviewed before speaking to a solicitor as in section 6, paragraph 6.6(a) or (b); not apply if the detained person declines to ask for the duty solicitor, see section 6, paragraphs 6.6(c) and (d). 13A Chief officers have discretion when determining the individuals or organisations they use to provide interpretation and translation services for their forces provided that these are compatible with the requirements of the Directive. Learn more about our range of British Classics Ready Meals Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. (d) that if the translation of the notice is not available, the information in the notice is given through an interpreter and a written translation provided without undue delay. 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. 9CC Detailed guidance for police officers and staff concerning menstruating female detainees in police custody is included in the College of Policing Authorised Professional Practice (APP). 3.7 Chief officers should ensure that arrangements for proper and effective risk assessments required by paragraph 3.6 are implemented in respect of all detainees at police stations in their area. provisions and procedures to which Code D (Identification) applies concerning, for example, eye-witness identification, taking fingerprints, samples and photographs. For girls under 18, see paragraph 3.20A. A minimum of two people, other than the detainee, must be present during the search. This requirement continues throughout the detention period and, except when a telephone or a live link is used in accordance with paragraphs 15.9 to 15.11C, the review officer must be present at the police station holding the detainee. In cases of doubt, an officer of inspector rank or above should be consulted. of articles for use in frauds) section 7 (making or supplying articles for use in frauds), 3A. 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. 13.1B All reasonable attempts should be made to make the suspect understand that interpretation and translation will be provided at public expense. 3. See Notes 15A and 15B. A detainee who is not legally represented must be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record. Any refusal to sign shall be recorded. (b) C their right to be informed about the offence and (as the case may be) any further offences for which they are arrested whilst in custody and why they have been arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this Code and paragraph 3.3 of Code G. 3.2 The detainee must also be given a written notice, which contains information: (a) to allow them to exercise their rights by setting out: (i) their rights under paragraph 3.1, paragraph 3.12 and 3.12A; (ii) the arrangements for obtaining legal advice, see section 6; (iii) their right to a copy of the custody record as in paragraph 2.4A; (iv) their right to remain silent as set out in the caution in the terms prescribed in section 10; (v) their right to have access to materials and documents which are essential to effectively challenging the lawfulness of their arrest and detention for any offence and (as the case may be) any further offences for which they are arrested whilst in custody, in accordance with paragraphs 3.4(b), 15.0, 15.7A(c) and 16.7A of this Code; (vi) the maximum period for which they may be kept in police detention without being charged, when detention must be reviewed and when release is required; (vii) their right to medical assistance in accordance with section 9 of this Code; (viii) their right, if they are prosecuted, to have access to the evidence in the case before their trial in accordance with the Criminal Procedure and Investigations Act 1996, the Attorney Generals Guidelines on Disclosure, the common law and the Criminal Procedure Rules; and. This statement may be given in evidence.; (b) if the restriction on drawing adverse inferences from silence applied when they were so charged or informed they may be prosecuted: I,. Pace Ready Meals Fiesta Chicken and Rice with Green & Red Peppers, 9 oz. 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. See Note 2A. The provisions of this Code implement the requirements for those to whom this Code applies. This right is in addition to the juveniles right in section 5 not to be held incommunicado. 1.2 This Code of Practice must be readily available at all police stations for consultation by: police officers . The appropriate adult should always be involved. 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. (c) the outcome of each application under PACE, section 43, for a warrant of further detention or under section 44, for an extension or further extension of that warrant. 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. This means that if the acquired gender is the male gender, the persons sex becomes that of a man and, if it is the female gender, the persons sex becomes that of a woman and they must be treated as their acquired gender. (e) Authority may be given if the officer is satisfied that interviewing the detainee by means of a live link is necessary and justified. (Testing on charge and/or arrest must be specifically provided for in the notification for the power to apply. e.g. If the requirement for privacy is compromised because what is said or written by the detainee or solicitor for the purpose of giving and receiving legal advice is overheard, listened to, or read by others without the informed consent of the detainee, the right will effectively have been denied. 10.4 As required by Code G, section 3, a person who is arrested, or further arrested, must also be cautioned unless: (a) it is impracticable to do so by reason of their condition or behaviour at the time; (b) they have already been cautioned immediately prior to arrest as in paragraph 10.1. The custody record shall show when a delay has occurred and the reason. 4A PACE, Section 54(1) and paragraph 4.1 require a detainee to be searched when it is clear the custody officer will have continuing duties in relation to that detainee or when that detainees behaviour or offence makes an inventory appropriate. 16.7 A The requirement in paragraph 3.4(b) that documents and materials essential to effectively challenging the lawfulness of the detainees arrest and detention must be made available to the detainee and, if they are represented, their solicitor, applies for the purposes of this section and a persons detention after charge.
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