Draft for consultation on the revision of PACE 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:
http://www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-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 (Click here to view).
Many of the changes to Code C are 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 to arrive no later than 24 January 2012. Details of the consultation will also be published in the Police Powers section of the Home Office website at http://www.homeoffice.gov.uk/police/powers/pace-codes.
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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/purpose /1 / 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 / C1.9 & Note 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 / C3.5 & C3.6 / 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 / C3.9 & Note 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:
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_084597. 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 / C4.1 & Annex L / Reference to Annex L (same sex searches) added
16 / C5.1, C5.7B & Note 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 / C5.4 & Note 5B / 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 / C6.1 & Note 6B, Notes 6B1, 6B2 & Note 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 / C7 & Annex 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 / C8.1 & Note 8C / Adds reference to new Note 8C to draw attention to current operational guidance in the public domain.
27 / C9.1 & Note 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 / C9.6 & Note 9D / Grammar and reference to Mental Health Act Code of Practice added to Note 9D. Last sentence in Note 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 / C13.1 & Note 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 / C15.9 sub-heading (b) / Reference to video conferencing facilities added to sub heading (b)
37 / C15.10 & 15.11 & Note 15G / 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 E1 & Note E4 / See C3.16 above – item 13.
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 L Gender and Search / New Annex L with Notes gives guidance regarding searches by officers of same sex.
Note L1 gives examples of powers,
Notes L2, L3 & L4 provide definitions.
Note L5 outlines the responsibility of chief officers to provide corresponding operational guidance for transsexual officers & staff under their direction and control.
Note L6 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
Note 1K / Grammar
Note 5B / Amended, see C5.4 above – item 17
Note 5F / New, see C5.7B above – item 16
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 – item 26
Note 9D / Amended, see C9.6 above – item 28
Note 10F / 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.
3
Codes of practice – Code C Detention, treatment and questioning of persons by police officers
1 General
1.0 The 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.
1.1 All persons in custody must be dealt with expeditiously, and released as soon as the need for detention no longer applies.
1.1A A 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
1.2 This Code of Practice must be readily available at all police stations for consultation by:
· police officers
· police staff
· detained persons
· members of the public.
1.3 The provisions of this Code:
· include the Annexes
· do not include the Notes for Guidance.
1.4 If 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
1.5 If 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.
1.6 If 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;