Section 15 applies solely to people in police detention, e.g. See Notes 15C, 15D and 15E. 6.7 If paragraph 6.6(a) applies, where the reason for authorising the delay ceases to apply. 7.3 Consular officers may, if the detainee agrees, visit one of their nationals in police detention to talk to them and, if required, to arrange for legal advice. A record shall be made of the juveniles decision and signed by the appropriate adult. and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also be given to the appropriate adult. 5. 9.7 If it appears to the custody officer, or they are told, that a person brought to a station under arrest may be suffering from an infectious disease or condition, the custody officer must take reasonable steps to safeguard the health of the detainee and others at the station. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation of the essential documents described in the table but only if they do so voluntarily after receiving legal advice or having full knowledge of the consequences and give their unconditional and fully informed consent in writing (see paragraph 9). However, a court will not be able to draw any inferences under the Criminal Justice and Public Order Act 1994, section 34, if the person was not cautioned. When healthcare professionals identify risks they should be asked to quantify the risks. 2.3 A If a person is arrested and taken to a police station as a result of a search in the exercise of any stop and search power to which PACE Code A (Stop and search) or the search powers code issued under TACT applies, the officer carrying out the search is responsible for ensuring that the record of that stop and search is made as part of the persons custody record. help them understand their rights and ensure that those rights are protected and respected (see paragraphs 3.15, 3.17, 6.5A and 11.17). 2. This restriction applies: (a) to any detainee at a police station, see Note 10C who, before being interviewed, see section 11 or being charged or informed they may be prosecuted, see section 16, has: (i) asked for legal advice, see section 6, paragraph 6.1; (ii) not been allowed an opportunity to consult a solicitor, including the duty solicitor, as in this Code; and. You can change your cookie settings at any time. 9.17 Subject to the requirements of Section 4, the custody record shall include: a record of all medication a detainee has in their possession on arrival at the police station; a note of any such medication they claim to need but do not have with them. A persons declaration that they are unwilling to reply does not alter this entitlement. 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. 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. This right is in addition to the juveniles right in section 5 not to be held incommunicado. 3. Paragraph 6.1 applies if legal advice is required. 3. provisions and procedures to which Code D (Identification) applies concerning, for example, eye-witness identification, taking fingerprints, samples and photographs. The tomatillo and lime sauce isn't spicy. The changed position on drawing inferences and that the previous caution no longer applies shall also be explained to the detainee in ordinary language. F 30596. 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)). The guidance and instructions must comply with the Equality Act 2010 and should therefore complement the approach in this Annex. This is to make sure the detainee is taken back to court no later than the end of the period authorised by the court or when the need for their detention by police ceases, whichever is the sooner. 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. fax or email message, by allowing those who are given the opportunity to make representations, to make their representations: (i) orally by telephone or (as the case may be) by means of the live link; or, (ii) in writing using the facilities for the immediate transmission of written representations; and. (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. 1. See Note 11B. 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. Under the Equality Act 2010, section 149 (Public sector Equality Duty), police forces must, in carrying out their functions, have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct which is prohibited by that Act, to advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it, and to foster good relations between those persons. As soon as practicable after the person has been charged or told they may be prosecuted. (pack of 6) at amazon.com. See paragraph 3.21. If appropriate consent is not given, evidence of the explanation may, if the case comes to trial, be relevant to determining whether the detainee had a good cause for refusing. 6.10 If the interviewer considers a solicitor 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. Particular care must be taken when deciding whether to use any form of approved restraints on a vulnerable person in a locked cell. (a) the making of the request for a sample under paragraph 17.2(d) above; (b) the giving of the warning and the information under paragraph 17.6 above; and. See paragraph 3.9. See Note 11A. 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. (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. 3H The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of juvenile and vulnerable persons who may not understand the significance of what is said to them. 9B Whenever possible, detained juveniles and vulnerable persons should be visited more frequently. 8. L3A The reason for the exception is to modify the same sex/gender approach for searching to acknowledge the possible needs of transgender individuals in respect of menstrual products and other personal needs relating to health, hygiene and welfare and ensure that they are not overlooked. Any such inspection shall be noted in the custody record. See Note 6ZA. (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. Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified Class A drug:, section 4 (restriction on production and supply of controlled drugs) section 5(2) (possession of a controlled drug), section 5(3) (possession of a controlled drug with intent to supply), 3. 5. 7. 6. Note: Chief officers should ensure that the operation of these provisions at police stations in their areas is subject to supervision and monitoring by an officer of the rank of inspector or above. References in this and any other Code to written records, forms and signatures include electronic records and forms and electronic confirmation that identifies the person making the record or completing the form. 1G A person may be vulnerable as a result of a having a mental health condition or mental disorder. When an assessment under that Act is to take place at a police station (see paragraph 3.16) the custody officer must also ensure that in accordance with The Mental Health Act 1983 (Places of Safety) Regulations 2017, a health professional is present and available to the person throughout the period they are detained at the police station and that at the welfare of the detainee is checked by the health professional at least once every thirty minutes and any appropriate action for the care and treatment of the detainee taken. 12. 13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide appropriately qualified independent persons to act as interpreters and to provide translations of essential documents for: (a) detained suspects who, in accordance with paragraph 3.5(c)(ii), the custody officer has determined require an interpreter, and. 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. 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). Authority to delay a detainees right to consult privately with a solicitor may be given only if the authorising officer has reasonable grounds to believe the solicitor the detainee wants to consult will, inadvertently or otherwise, pass on a message from the detainee or act in some other way which will have any of the consequences specified under paragraphs 1 or 2. 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.; After the first sentence, insert: A clear legible copy of the certified record must be sent without delay via the live-link to the interviewer. See Note 3ZA and paragraphs 15.0 and 16.7A. The custody officer is responsible for making sure those responsible for the detainees custody are appropriately briefed about the risks. We also use cookies set by other sites to help us deliver content from their services. This would include, for example: not informing them of their rights (see paragraph 3.1); not giving them a copy of the Notice (see paragraph 3.2(a)); not providing an opportunity to read the notice (see paragraph 3.2A); not providing the required information (see paragraphs 3.2(a), 3.12(b) and, 3.12A; not allowing access to the custody record (see paragraph 2.4); not providing a translation of the Notice (see paragraph 3.12(c) and (d)); and. This does not however apply for the purposes of paragraphs 1.4 and 1.13(d) (see Note 1GC). The person taking the statement shall certify on the statement itself what has occurred. The decision about what needs to be disclosed for the purpose of this requirement therefore rests with the investigating officer who has sufficient knowledge of the case to make that decision. 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. 3. Ond gall niweidio eich amddiffyniad os na fyddwch chin sn, yn awr, am rywbeth y byddwch chin dibynnu arno nes ymlaen yn y llys. 16.2 When a detainee is charged with or informed they may be prosecuted for an offence, see Note 16B, they shall, unless the restriction on drawing adverse inferences from silence applies, see Annex C, be cautioned as follows: You do not have to say anything. The record shall show the: time a person is released from detention. 3.10 Risk assessment is an ongoing process and assessments must always be subject to review if circumstances change. 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. A list of the countries to which this requirement currently applies and contact details for the relevant High Commissions, Embassies and Consulates can be obtained from the Consular Directorate of the Foreign and Commonwealth Office (FCO) as follows: https://gov.uk/government/publications/table-of-consular-conventions-and-mandatory-notification- obligations, and, https://www.gov.uk/government/publications/foreign-embassies-in-the-uk. Pace Ready Meals Fiesta Chicken and Rice with Green & Red Peppers, 9 oz. 17.9 If a sample is taken from a detainee who has been arrested for an offence but not charged with that offence as in paragraph 17.3, no further sample may be taken during the same continuous period of detention. A vulnerable person must not be interviewed or asked to provide or sign a written statement in the absence of the appropriate adult unless the provisions of paragraphs 11.1 or 11.18 to 11.20 apply. This applies whether or not the healthcare professional asks for such information. For this reason, the appropriate adult is expected, amongst other things, to: assist them to communicate with the police whilst respecting their right to say nothing unless they want to as set out in the terms of the caution (see paragraphs 10.5 and 10.6); and. I understand that I do not have to say anything. 8.11 The use of any restraints on a detainee whilst in a cell, the reasons for it and, if appropriate, the arrangements for enhanced supervision of the detainee whilst so restrained, shall be recorded. They must be given the same information as that given to the juvenile and the appropriate adult in accordance with paragraph 15.11E. Pace Ready Meals Santa Fe Style Steak with Black Beans & Rice is made with sliced steak, black beans, corn and red bell . Web pace ready meals discontinued. 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. 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. At Pace Foods, our passion for making salsa dates back more than 74 years, to one loveable craftsman: David Pace. (ii) a Class A drug which they intended to supply to another or to export; and the officer has reasonable grounds for believing that an intimate search is the only means of removing those items; and. They should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the absence of the appropriate adult if they want. 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. 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. the translation of essential documents (see paragraph 13.10B and Annex M). See Notes 1A and 1AA. The detainee must also be given information about how the live link is used. A record must be made of the actions, decisions, authorisations and outcomes arising from the requirements of this Annex. If the appropriate adult, having been informed of the right to legal advice, considers legal advice should be taken, the provisions of section 6 apply as if the vulnerable person had requested access to legal advice. The officer who discloses the information shall make a record of the information disclosed and when it was disclosed. 3. (v) their informed agreement to be interviewed voluntarily must be sought and given in the presence of the appropriate adult and for a juvenile, the agreement of a parent or guardian of the juvenile is also required. 15.10 When a review is carried out by telephone or by using a live link, an officer at the station holding the detainee shall be required by the review officer to fulfil that officers obligations under PACE, section 40 and this Code by: (a) making any record connected with the review in the detainees custody record; (b) if applicable, making the record in (a) in the presence of the detainee; and. Any officer or police staff with relevant information must inform the custody officer as soon as practicable. 6.13 In exercising their discretion under paragraph 6.12A, the officer should take into account in particular: the identity and status of an accredited or probationary representative have been satisfactorily established; they are of suitable character to provide legal advice, e.g.
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