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OP8 Escort Suspects and Present to Custody

Student Notes

Version 1.14

Student Notes IPLDP Central Authority Executive Services

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OP8_EscortSuspectsandpresenttoCustody_SN Version 1.14 2


Learning Outcomes

When you have successfully completed these student notes, you should be able to:

• Escort detained persons

• Present detained persons to custody

• Correctly and promptly dispose of a suspect in police custody

• Evaluate your own performance and learning points

Key to Graphics

The pencil indicates an exercise or knowledge check for

you to complete.

The microscope tells you when there is a topic that may

require a closer look or further research or reading.

The exclamation mark highlights an area that you need to

pay close attention to.



Table of Contents

Learning Outcomes ................................................................................................. 3 Key to Graphics ...................................................................................................... 3 Table of Contents.................................................................................................... 4 Introduction ........................................................................................................... 5 Escorting Detained Persons ...................................................................................... 6

Transporting detainees to a station ...................................................................... 6 Giving Evidence to the Custody Officer ................................................................. 9 Statutory Rights of a Person under Arrest at a Police Station or Other Premises........ 11 Preventing cross-contamination ......................................................................... 11 De-arresting/releasing from detention ................................................................ 12 Powers of detention for Police Community Support Officers ................................... 12 Designated support staff................................................................................... 13 Exercise ......................................................................................................... 14

Knowledge Check.................................................................................................. 14 Knowledge Check Answers ..................................................................................... 17 Detained persons .................................................................................................. 20

Detention ....................................................................................................... 22 Rights of the detained person............................................................................ 24 Detained person’s property and searching........................................................... 24 Intimate and strip searches............................................................................... 27

Juveniles and Persons at Risk ................................................................................. 32 Detainees who experience Mental Ill Health......................................................... 32 People experiencing mental ill health.................................................................. 35 People who are deaf, deafened, unable to speak, blind, partially sighted and people who’s first language is not English ..................................................................... 37 Interpreters .................................................................................................... 37 Urgent interviews ............................................................................................ 39

Knowledge Check.................................................................................................. 42 Knowledge Check Answers ..................................................................................... 47 Disposal Options ................................................................................................... 54

Charging ........................................................................................................ 54 Statements brought to the attention .................................................................. 56 Release of the detained person.......................................................................... 56

Knowledge Check.................................................................................................. 58 Knowledge Check Answers ..................................................................................... 59 Summary............................................................................................................. 61



You will learn

how to escort a

detained person

to an appropriate

location

You will learn

how to hand over

a detained person

to a custody

officer

You will learn the

correct disposal

procedures

You will be able

to evaluate your

own performance

and learn from it

Introduction

On successful completion of this module, you will know how to obtain

all relevant information about a suspect from appropriate sources

and then deal with them in an appropriate way according to the risk

they pose and their levels of compliance and vulnerability. You will

know the most appropriate locations to escort the person to. You will

understand how to take responsibility for any evidence or personal

property that is being transported with the suspect. You will

recognise that you are responsible for the suspect until formally

handed over to custody.

You will be able to explain the legality, grounds and necessity for

detention to the custody officer, informing them of any special

conditions or risks that may apply to the detainee. All actions

towards individuals will be conducted in an ethical manner,

recognising and respecting equality, diversity and human rights. You

will be able to take into account the health and safety and welfare of

yourself, the detained person and others at all times. You will use

the correct officer safety and search techniques as required. This will

be in accordance with training, legislation and policy and with

consideration for the security and safety of the detained person,

yourself and others.

You will understand and ensure correct and prompt disposal

procedures are followed when you are involved with a detained

person.

You will be able to evaluate your own performance and utilise self-

reflection in order to develop skills of the required standard in

relation to the escorting and presenting suspects to custody. You will

utilise this development towards continued improvement and self-

development and life-long learning.



Escorting Detained Persons

Transporting detainees to a station

If you have not detained the person yourself and are taking over

from another officer then you need to obtain all the relevant

information relating to the detained person before transporting the

person to custody. (N.B. A Police officer must include the reason and

necessity for their arrest).

Detainees will normally be taken to the police station in a police van.

If this is not available, other suitable police transport may be used.

If the detainee is not violent and the police station is no great

distance away, they may be taken there on foot, except when they

are handcuffed.

Public transport must not be used.

When you escort a detainee, you take responsibility for escorting

them safely and securely to the most appropriate location. This will

include monitoring their behaviour and condition and taking

appropriate action when any problems or difficulties occur. You will

need to assess the risk associated with the detained person and take

appropriate precautions. Assess and ensure the health and safety

and welfare of yourself, the detained person and others (the public

and your colleagues). You should use the correct officer safety

techniques according to the detained person’s response, safely and in

accordance with training, current policy and legislation. Your OP1

student notes on Dealing with Aggressive and Abusive

Behaviour and the associated practical course cover what you need

to know in order to do this.



Before

transporting the

detainee you

must search them

In addition to taking responsibility for safety and security of the

detained person, you also take responsibility for any evidence and

personal property escorted with the detained person.

Section 32 of PACE 1984 provides powers for police officers and

PCSOs* to carry out searches in any case where the person to be

searched has been arrested at a place other than a police station, if

the constable has reasonable grounds for believing that the arrested

person may present a danger to himself or others. These powers

differ in their extent for police officers and PCSOs.

*If designated by their respective Chief Constable.

Before transporting a detained person both police officers and PCSOs

will need to search them in accordance with current policy and

legislation. All detained persons should be searched for dangerous

items or items that could be used to assist escape.

Police officers may also search in order to prevent the loss, damage,

destruction or contamination of evidence. When a person is arrested

for an indictable offence a police officer has the power under Section

32 of PACE 1984 to enter and search premises they were in at the

time or immediately before their arrest but a constable may not

search premises in the exercise of the power conferred by subsection

(2)(b) unless he has reasonable grounds for believing that there is

evidence for which a search is permitted under that paragraph on the

premises.

You should search the person following the quadrant search

procedure as covered in the OP1 Dealing with Aggressive and

Abusive Behaviour student notes and the associated practical

course.



Take necessary

precautions when

transferring

intoxicated

detainees

Female detainees

must be

transported by a

female police

officer or at least

two male officers

Before you put a detainee in a vehicle, you must search it in their

presence. This is to ensure that there is nothing there that they may

use to escape or injure someone. It also avoids the risk of

mistakenly connecting property with that particular detainee.

Detained persons often try to dispose of drugs or weapons and may

try to do this in the police vehicle. By searching in their presence

before putting them in the vehicle, any drugs or weapons or other

articles used in an offence that they subsequently dispose of in the

vehicle and you find in a search on arrival at the police station can be

connected to them and evidence provided that the article must have

been disposed of by them. Searching a vehicle is also covered in

your OP1 student notes on Dealing with Aggressive and Abusive

Behaviour and the associated practical course.

Special care must be taken of drunken detainees. If necessary, they

should be placed on the floor of the vehicle in the ‘recovery position’

so that they do not inhale their own vomit. If they are unconscious,

they must be taken to hospital by ambulance. Once the detainee

arrives at the police station and is taken to the custody office, they

become the responsibility of the custody sergeant. If the custody

sergeant deems the drunken person as being too drunk to detain,

then arrangements will be made to remove that person to hospital.

This is the custody officer’s duty and will be their decision, not the

arresting officer’s decision.

Female detainees must be accompanied by a female police officer, if

they are available. If there is not one available, at least two male

officers must act as escort. The same of course, applies to male

detainees and female officers.

Remember, once you have arrested a person, you are responsible for

their safe custody until they have been dealt with by the custody



You must record

any relevant

unsolicited

comments

officer at the police station. You must deal with the detained person

in an ethical manner at all times, recognising their needs with respect

to equality, diversity and human rights.

When transporting a detained person you must record any relevant

unsolicited comments made by them fully and accurately and fully

document all decisions, actions, options and rationale in accordance

with current policy and legislation. This is covered in your student

notes on LPG1.4.03 - Documentation and LPG1.7.20 - Cautions,

Significant Statements and Unsolicited Comments.

Giving Evidence to the Custody Officer

The custody officer has certain responsibilities in respect of detained

persons and one of the decisions that must be made is whether to

authorise a person’s detention. The custody officer will need answers

to the following questions:

• What time was the person arrested, for what offence(s) and

the reason(s) for that persons arrest?

• Why was the arrest necessary?

• What time did they arrive at the station?

• Why is the person here?

• Were they lawfully arrested?

• Why is further detention necessary?

• On what authority is the detention to be made?

• What procedures will have to be considered for this person

while in custody?

• What special needs does this person have?



An example of what you might say to the custody officer is:

“At 3.30 pm today I went to Tesco’s supermarket

in High Street. In the manager’s officer I saw this

man, who gave his name as Patrick Armstrong,

along with the store detective. The store

detective said to me, I saw him enter the store,

take two bottles of whisky off the shelf in the off-

licence department and leave the store without

paying. I arrested him on suspicion of theft and

cautioned him, he made no reply. I informed him

that the arrest was necessary to allow the prompt

and effective investigation of the offence and

searched him, nothing was found during the

search.”

When an arrested person is brought before the custody officer you or

someone designated on your behalf will relate the circumstances of

the arrest and the custody officer can decide whether to authorise

detention or not.

Note: The codes of practice do not require the arresting officer to be

present at the point at which an arrested person is brought before

the custody officer. Some forces are therefore making greater use of

designated detention officers, who can relay the circumstances of a

person’s arrest on an officer’s behalf, thereby enabling officers to

remain on patrol for longer periods without the need to travel to and

from the police station. Your own force will have a policy on this and

further guidance will be provided by your tutor constable.



Statutory Rights

Statutory Rights of a Person under Arrest at a Police

Station or Other Premises

The custody officer must inform a person under arrest at a police

station of the right to:

• Have someone informed of their arrest.

• Consult privately with a solicitor free of charge (in person or by

telephone).

• Consult the Codes of Practice.

The person must be informed that these rights need not be exercised

immediately. They are continuing rights which may be exercised at

any stage during the period in custody. When the custody officer has

completed these actions, the person should be given a notice setting

out these rights and asked to sign the custody record.

These rights are covered in their entirety in the student lesson notes

LPG1_4_01_ArrestandDetention_SN.

Preventing cross-contamination

When transporting detainees, consider issues of cross-co

Preventing cross-contamination

When transporting detainees you should consider issues of cross-

contamination as anyone who enters the scene will take something of

the scene with them and will leave something of their self behind.

This means that every contact has the potential to leave a trace

however miniscule and likewise pick up a trace of the scene. If you

are transporting more than one detainee, any contact between them

may result in trace material being transferred from one to the other

and possible wrongly linking one with a crime scene.



You must follow

your Force’s

guidelines on

dropping off a de-

arrested person

De-arresting/releasing from detention

When a person is arrested or detained and the grounds for that

detention cease prior to arrival at a police station, that person shall

be released immediately.

This applies to:

• PCSOs detaining a person pending the arrival of a police officer

or escorting a detained person to a designated police station.

• Police Officers when the ground for detention under Section 30

(7) PACE 1984 cease.

If the grounds for detaining the arrested person cease to exist before

he/she reaches a police station and there are no further grounds for

detaining them, you must release the person. This may happen

where the person has been arrested under one of the general arrest

conditions and the particular condition has ceased to apply (e.g. the

person gives a suitable name and address having originally failed to

do so). If you de-arrest or release a person from detention (in the

case of PCSOs) you must record the fact that you have done so and

must make that record as soon as practicable after release.

You need to adhere to your Force’s guidelines with regards where to

drop-off your detained people following de-arrest. It is important

that their safety and welfare is considered.

What powers of

detention do

PCSOs in your

Force have?

Powers of detention for Police Community Support

Officers

Despite there being a ‘standard’ set of powers for PCSOs, Chief

Officers of all forces in England and Wales can designate PCSOs with

certain other powers, according to the needs of that particular force.

Those who have been designated with the powers of detention can

require the name and address of a person who they have reason to

believe has committed a relevant offence, or who is acting in an



antisocial manner. Relevant offence here relates to a number of

disorder type offences for which a fixed penalty notice can be issued.

If a person fails to comply with the requirement, or gives a name and

address which the PCSO believes to be false, the PCSO may detain

that person for up to 30 minutes until the arrival of a constable.

Alternatively, a person may choose, if asked by the PCSO, to

accompany him/her to the police station. A PCSO may use

reasonable force to detain a person and to prevent a detained person

from making off during detention. It is a summary offence to fail to

give a community support officer a name and address when required

to do so, or to make off during detention.

Someone

employed by the

police or

employed by a

contractor of the

police authority

can be a

designated escort

officer

Designated support staff

The Police Reform Act 2002 allows a person employed by the police

or persons employed by a contractor of the police authority to be

designated as an escort officer.

A designated escort officer has powers to carry out certain functions

that previously would have been carried out by police officers only.

Before a person can be given the powers of a designated officer, the

Chief Officer of police must be confident that the person is a suitable

person to perform the duties for which they are designated, is

capable of effectively carrying out those duties, and has had

sufficient training in the carrying out of those duties and in the

exercise and performance of the powers and duties of a designated

officer. Schedule 4 to the Police Reform Act 2002 outlines the

powers of a designated escort officer.



Exercise

Following on from your lesson on escorting a detained person and

presenting them to custody, record here details of good practice as

detailed by your tutor/local custody officer etc.

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Knowledge Check

1. What means of transport can you use to transfer a detained

person to an appropriate location?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________



2. Why do you need to search a detained person before

transporting them to custody?

______________________________________

______________________________________

______________________________________

______________________________________

3. Why do you need to search the police vehicle before and after

transporting the detained person in it?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

4. Why might you put a drunken detainee in the recovery position

on the floor of the police vehicle?

______________________________________

5. Why is it therefore important to transport detained persons

separately?

______________________________________

______________________________________

______________________________________

______________________________________



6. Give an example of a situation where you might de-arrest

someone.

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

7. What are your Force’s guidelines with regards where to drop-

off a person following their de-arrest?

______________________________________

______________________________________

8. What powers of detention does a PCSO have?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________



their presence. This is to ensure that there is nothing there

that they may use to escape or injure someone. It also avoids

the risk of mistakenly connecting property with this detainee.

Detained persons often try to dispose of drugs or weapons and

may try to do this in the police vehicle. By searching in their

presence before putting them in the vehicle, any drugs or

weapons or other articles used in an offence that they

subsequently dispose of in the vehicle and you find in a search

on arrival at the police station can be connected to them and

evidence provided that the article must have been disposed of

by them.

4. Why might you put a drunken detainee in the recovery

position on the floor of the police vehicle?

So that they do not inhale their own vomit.

5. Why is it therefore important to transport detained

persons separately?

If you are transporting more than one detainee, any contact

between them may result in trace material being transferred

from one to the other and possible wrongly linking one with a

crime scene.

6. Give an example of a situation where you might de-

arrest someone.

When a person is arrested or detained and the grounds for

that detention cease prior to arrival at a police station.

This may happen where the person has been arrested under



one of the general arrest conditions and the particular

condition has ceased to apply (e.g. the person gives a suitable

name and address having originally failed to do so).

7. What are your force’s guidelines with regards where to

drop-off a person following their de-arrest?

This answer will be dependent on your force’s guidelines.

8. What powers of detention does a PCSO have?

Your answer should include some of the key points:

The Chief Officers of all forces in England and Wales can

designate PCSOs with certain powers, according to the needs

of that particular force. Those who have been designated with

the powers of detention can require the name and address of a

person who they have reason to believe has committed a

relevant offence, or who is acting in an antisocial manner.

Relevant offence here relates to a number of disorder type

offences for which a fixed penalty notice can be issued.

If a person fails to comply with the requirement, or gives a

name and address which the PCSO believes to be false, the

PCSO may detain that person for up to 30 minutes until the

arrival of a constable. A PCSO may use reasonable force to

detain a person and to prevent a detained person from making

off during detention.



The responsibility

for detained

persons lies

chiefly with the

custody officer

You must explain

to the custody

officer the

legality and

grounds for the

detention of the

person

Inform the

custody officer of

any conditions or

risks which may

pose a danger to

the detainee

and/or others

Detained persons

The Custody Officer has the chief responsibility for detained persons;

however it is important that you are aware of the requirements of the

Police and Criminal Evidence Act and the associated Codes of

practice. Failure to adhere to the provisions of the law could result in

the failure of prosecutions because evidence is excluded, civil claims

against forces, bad publicity and potential disciplinary action or

criminal proceedings against officers.

The Custody Officer holds the main responsibility for detainees who

are conveyed to the police station. Firstly it must be determined

whether the person should be detained as a detainee at the police

station. You must clearly explain the legality, grounds and necessity

for initial and continued detention to the custody officer on arrival.

Detention must also comply with any specific warrant or injunction

conditions. On presentation to the custody officer you must provide

them with known information regarding any special conditions and

associated risks that apply to the detained person. Such conditions

or risks could include:

• Intoxication.

• Health or medical issues including mental ill health.

• A likelihood of deliberate self-harm.

• The necessity of force in the arrest.

• The need for segregation.

• Requirements associated with the health, safety and welfare of

all involved.

• Information in relation to evidence or other property, for

example drug paraphernalia.



PACE Codes of

practice detail

the manner in

which a detainee

must be treated

• Requirements for the security of all involved, for example if

the person has been arrested on terrorism charges.

If there are grounds to detain the person, the detention period must

be for those reasons alone. Once it has been decided to detain a

person, the PACE Codes of practice outline the manner in which they

must be treated while in detention. These Codes are intended to

protect the basic rights of those in detention. If these Codes are

adhered to it is more likely that evidence obtained while people are in

custody will be admissible in court. The provisions of the 1984 Act

give guidance in many areas including:

• Length of time in detention.

• Information about the detained person’s arrest.

• Searching.

• Taking of samples.

• Interviewing of suspects.

• Identification methods.

• Charging.

• Bail.

The PACE Codes of Practice outline the minimum standard of

treatment that a detained person has a right to.

The duties in respect of detention, questioning and treatment of

persons reflect the principles contained in the Act.

These principles, basically, are the need to fight crime effectively and

safeguard the individual’s rights. At the same time, they seek to

encourage the public’s confidence in the way any powers are used.

This section will deal with aspects of dealing with detained persons,



such as searching, dealing with interpreters, charging and releasing

detained persons.

In order to deal with those people brought into police detention, it is

necessary for you to know what is meant by the term ‘detention’.

The extension of

a person’s

detention must

Detention

A person is in detention when he or she:

• Has been arrested for an offence and brought to a police

station, or

• Has voluntarily attended a police station and is subsequently

arrested, and is detained there or elsewhere in the charge of a

constable.

As you are by now aware, this detention is subject to certain

limitations. For all offences, other than indictable offences, the

maximum period of detention without charge must not exceed

24 hours. For indictable offences, detention without charge can be

extended up to a maximum of 36 hours, by a superintendent, if

satisfied that detention is necessary to:

• Secure or preserve evidence or to obtain such evidence by

questioning.

• The detention cannot be extended unless the investigation is

being carried out diligently and expeditiously.

This extension to a person’s detention must be done in person. It

cannot take place over the phone or by video conferencing facilities,

unlike periodic reviews of detention. The custody record will be



be done in person

endorsed accordingly.

Detaining a juvenile or vulnerable person for longer than 24 hours

without charge will depend on the circumstances of the case and with

regard to the person’s special vulnerability, difficulties encountered

with regard to contacting legal representatives and appropriate

adults and finally, considerations being given regarding alternatives

to police custody.

These limitations exist in order that the necessity for a person’s

detention can be looked at objectively. The custody officer is

responsible for the welfare of all detained persons who must be seen

when they first arrive at a police station under arrest. The custody

officer must decide whether it is necessary for the person to be

detained any longer. Certain officers are made responsible for

periodically reviewing the detention of persons in custody, as follows:

• If a person has not been charged with an offence an inspector

is responsible for carrying out a review of detention at given

intervals of time up to a maximum of 24 hours after first being

detained. The first inspector’s review should take place not

more than six hours after the detention is first authorised,

then at no more than nine-hourly intervals. Persons detained

for offences which are not subject to statutory reviews, for

instance under the Terrorism Act 2000 or the Immigration and

Asylum Act 1999, can be reviewed by the custody officer.

• A superintendent or above may authorise continued detention

without charge for no more than 36 hours after a person is

first detained as outlined in the circumstances above.

• If a person has been charged the custody officer has sole

responsibility for completion of the reviews, but is required to

get the person to court as soon as is practicably possible. In

addition the person must be brought to court not later than



the first sitting after having been charged with the offence.

Breach of a

person’s human

rights can lead to

civil action and

disciplinary

proceedings

Rights of the detained person

Each person brought into detention is entitled to have their human

rights respected. The Codes of Practice to the Police and Criminal

Evidence Act 1984 and the Human Rights Act 1998 detail how

individuals should be treated.

A civil action may be pursued against a police officer as well as

against the chief constable of their force, if they breach a detainees

human rights.

This may also lead to disciplinary action against the officer.

The custody

officer is

responsible for

any property that

is brought with

the detainee

Detained person’s property and searching

A custody officer is responsible for ascertaining what property a

detainee has with them when they come to the police station,

whether on:

• Remand into police custody on the authority of a court.

• Arrest or re-detention on answering to bail.

• Commitment to prison custody on the order or sentence of a

court.

• Lodgement at a police station with a view to their production

in court from prison custody.

• Transfer from detention at another station or hospital.

• Detention under the Mental Health Act 1983, Sect 135 or 136.



The custody officer is also responsible for ascertaining what the

detainee may have in their property for an unlawful or harmful

purpose while in custody. They are responsible for the safekeeping

of any property taken from the detainee who remains at the police

station. However, there is no requirement that every item is

recorded.

A person should be invited to check and sign the custody record in

respect of any property recorded. If they refuse, this should be

recorded.

Persons detained for a short period of time and not placed in a cell,

at the custody officer’s discretion need not be searched. However,

the custody record must be endorsed accordingly, e.g. ‘not

searched’, and the person invited to sign that entry.

The custody officer may search the detainee or authorise their being

searched to the extent they consider necessary, provided a search of

intimate parts of the body or involving the removal of more than

outer clothing is only made in accordance with the provisions of Code

C Annex A (see below).

A search may only be carried out by an officer of the same sex as the

detainee.

Personal clothing and personal effects may be retained by detained

persons at their own risk unless the custody officer considers that

they may be:

• Used to cause harm to themselves or others.

• Interfere with evidence.

• Damage property.

• Effect an escape, or



Be on the lookout

for items of

evidence related

to the offence

• Needed as evidence.

Custody officers may, if they consider it necessary, for any of these

reasons withhold any such articles. They must tell the detainee why

the items are being withheld. The custody officer will decide whether

a record should be made of the property a detained person has with

them or had taken from them on their arrest.

Personal effects are those items a detainee may lawfully need, use or

refer to in detention, e.g. a diary, but does not include cash and

other items of value.

You may be called upon by the custody officer to carry out a search

for any, or all, of the reasons mentioned. You should be aware of

points of personal safety, such as plunging your hands into pockets

before checking for possible sharp contents, or relying on the

detained person to empty the contents without checking afterwards.

You should be on the lookout for items of evidence that may be

related to the offence for which the suspect has been arrested and

for evidence which may link the detainee to other offences.

It is important that you maintain a rapport with the person and speak

to them whilst conducting the search. You should be careful that this

conversation cannot be construed as an ‘interview’.

Do not forget that during a search you are privy to the things that

the person carries in their purse or wallet. There is a need to be

observant, but also to respect the contents. How would you like it if

somebody emptied the contents of your wallet or purse onto a table?



Intimate and strip searches

These are separate and distinct types of search each having its own

procedure and requirements prescribed in the Codes of Practice Code

C Annex A.

A strip search

involves the

removal of more

than outer

clothing

The officer

conducting the

strip search must

be of the same

sex

Strip search

A strip search is a search involving the removal of more than outer

clothing. Under the Code of Practice outer clothing includes shoes

and socks.

A strip search may only take place if it is considered necessary to

remove an article which a detainee would not be allowed to keep,

and the officer reasonably considers the detainee may have

concealed such an article. Strip searches should not routinely be

carried out if there is not a reason to consider that articles are

concealed.

When strip searches are conducted the police officer carrying out the

search must be the same sex as the person being searched.

The search shall be conducted in an area where the detainee cannot

be seen by anyone who does not need to be present, nor by a

member of the opposite sex, except an appropriate adult, who has

been specifically requested by the detainee.

Except in cases of urgency, where there is a risk of serious harm to

the detainee or to others and the search involves exposure of

intimate body parts, there must be at least two people present other

than the detainee and if the search is of a juvenile or vulnerable

person, one of these people must be the appropriate adult.

Other than in urgent cases, the search of a juvenile may take place



in the absence of the appropriate adult only if the juvenile signifies in

the presence of the appropriate adult that they do not want the adult

to be present. For example, a female juvenile may not want her

father or elder brother, who is acting as the appropriate adult, to be

present. Then only if she states in the presence of her father/brother

as the case may be, that she does not want him to be present, may a

search be conducted in the absence of the appropriate adult (the

appropriate adult must agree to this – paragraph 11(c), Code C

Annex A, in such circumstances a record should be made of the

juvenile’s decision and be signed by the appropriate adult.

The presence of more than two people, other than an appropriate

adult, is permitted in only the most exceptional circumstances.

Searches should be conducted with proper regard to the sensitivity

and vulnerability of the person being searched. Every reasonable

effort should be made to secure co-operation and minimise

embarrassment. People being searched should not normally be asked

to remove all their clothing at once (Code C, Annex A, para 11(d)).

If necessary, to assist the search, the detainee may be asked to hold

their arms in the air or to stand with their legs apart and bend

forward so a visual examination of the genital and anal areas may be

made, provided there is no physical contact with any body orifice

(Code C, Annex A, para 11(e)).

If articles are found, the detainee should be asked to hand them

over. If they are found in any body orifice other than the mouth, and

the detainee refuses to hand them over, their removal would

constitute an intimate search, (Code C, Annex A, para 11(f)) which

must be carried out as prescribed in Part A (below).

A record of a strip search must be made on the custody record and



include the reason it was considered necessary, the persons present

and the result of the search (Code C, Annex A, para 12).

Intimate

searches involve

a physical

examination of a

person’s body

orifices other

than the mouth

Intimate search

An intimate search consists of a physical examination of a person’s

body orifices other than the mouth. The intrusive nature of such

searches means the actual and potential risks associated with

intimate searches must never be underestimated (Code C, Annex A,

para 1).

Body orifices other than the mouth may be searched only:

a) If authorised by an officer of at least the rank of inspector or

above who has reasonable grounds for believing that the

person may have concealed on themselves (Code C, Annex A,

para 2(a)).

i) Anything which they could and might use to cause physical

injury to themselves or others at the station; or

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

b) If the search is under point (ii) above (a drug offence search),

the detainee’s appropriate consent has been given in writing.

The reasons for an intimate search being considered necessary must

be explained to the person before the search begins and if the search

is to take place under ii) above the detainee must also be told:

a) That the authority to carry out the search has been given and



b) The officer’s grounds for giving the authorisation (Code C

Annex A, para 2A).

Before a detainee is asked to give their appropriate consent to search

at ii) above a police officer must warn them that if they refuse

without good cause their refusal may harm their case if it comes to

trial. If the detainee is not legally represented, they must also be

reminded of their entitlement to have free legal advice. This fact

should be recorded on the custody record. In addition, the warning,

consent or refusal and reasons, and also the giving of the reminder

of right to free legal advice must all be noted on the custody record

(Code C, Annex A, para 2B).

An intimate search may only be carried out by a registered medical

practitioner or registered nurse, unless an officer of at least the rank

of inspector considers this is not practicable and the search is to take

place to find anything the detainee could and might use to cause

physical injury to themselves or others at the station, in which case a

police officer of the same sex as the detainee may carry out the

search (Code C, Annex A, para 3). A search by a police officer must

only be considered as a last resort and when the authorising officer is

satisfied the risks associated with allowing the item to remain with

the detainee outweighs the risk associated with removing it (Code C,

Annex A, para 3A).

An intimate search at a police station of a juvenile or vulnerable

person may take place only in the presence of an appropriate adult of

the same sex, unless the detainee specifically requests a particular

adult of the opposite sex who is readily available. For example, a

vulnerable person may ask for their spouse to be present.

In the case of a juvenile the search may take place in the absence of

the appropriate adult only if the juvenile signifies in the presence of

the appropriate adult they do not want the adult to be present during



The custody

officer must

record details of

the intimate

search

the search and the adult agrees. A record should be made of the

juvenile’s decision and be signed by the appropriate adult (Code C,

Annex A, para 5).

When an intimate search is carried out, in exceptional circumstances

by a police officer a minimum of two people, other than the detainee,

must be present. No person of the opposite sex who is not a medical

practitioner or nurse shall be present, nor anyone whose presence is

unnecessary. The search shall be conducted with proper regard to

the sensitivity and vulnerability of the detainee (Code C, Annex A,

para 6).

The custody officer shall, as soon as practicable, record:

• Which parts of the detainee’s body were searched.

• Who carried out the search.

• Who was present.

• The reasons for the search including the reasons to believe the

article could not otherwise be removed. In addition, the

authorisation, grounds for authorisation and grounds for

believing that the article could not be removed otherwise than

by intimate search must all be recorded.

• The result (Code C, Annex A, para 7).

If an intimate search was carried out by a police officer, the reason

why it was impracticable for a registered medical practitioner or

registered nurse to conduct it must be recorded (Code C, Annex A,

para 8).



Certain groups of

people have

special

requirements

when in custody

Juveniles and Persons at Risk

Below are discussed different aspects of dealing with mental ill

health, those who are deaf, deafened, unable to speak, blind,

partially sighted and those who’s first language is not English. Each

carries its own particular set of responsibilities. You should liaise

closely with the custody officer to ensure you provide these groups of

people with all their rights under the Human Rights Act 1998 and the

Code of Practice under PACE.

Detainees who experience Mental Ill Health

When dealing with detained people you must always consider their

rights, no more so when you are considering using your powers

under the Mental Health Act 1983. As with juveniles extra rights

must be considered.

The terms ‘mentally disordered’ or ‘mentally vulnerable’ are used to

correctly reflect the wording in the Codes of Practice and associated

legislation. Outside legislative use the term ‘mental ill health’ is

preferred.

ACPO (2010) Guidance on Responding to People with Mental Ill

Health or Learning Disabilities.

See: http://www.npia.police.uk/en/15863.htm

Section 136, Mental Health Act 1983 states that if a constable finds

in a place to which the public have access a person who appears to

him to be suffering from mental disorder and to be in immediate

need of care or control, the constable may, if he thinks it necessary


http://www.npia.police.uk/en/15863.htm

http://pnld.westyorkshire.pnn.police.uk/docmanager/content/D380.htm



to do so in the interests of that person or for the protection of other

persons, remove that person to a place of safety within the meaning

of section 135.

Purpose of the power and time limit

A person removed to a place of safety from a public place may be

detained for a period not exceeding 72 hours. This enables the

patient to be interviewed by an approved mental health professional

and examined by a registered medical practitioner for the purpose of

making any necessary arrangements for treatment and care.

A place of safety

may be a police

station, hospital

or other suitable

place

Place of safety

In this section “place of safety” means residential accommodation

provided by a local social services authority, a hospital as defined by

this Act, a police station, an independent hospital or care home for

mentally disordered persons or any other suitable place the occupier

of which is willing temporarily to receive the patient. N.B. A Police

Station should not be the automatic option for a ‘place of

safety’.

The detainee has

the right to have

somebody

informed of his or

her removal and

whereabouts

Rights of the detained person

The detained person has the right to have somebody informed of his

or her removal and whereabouts. In the case of a juvenile or a

person experiencing mental ill health, the appropriate adult must be

informed, and asked to come to the police station to see the detainee

– paragraph 3.15 PACE Code C.

If at a police station, the person has a right to legal advice. In the

case of a juvenile, an appropriate adult should consider whether legal

advice from a solicitor is required. If the juvenile indicates that they





do not want legal advice, the appropriate adult has the right to ask

for a solicitor to attend if this would be in the best interests of the

person. However, the detained person cannot be forced to see the

solicitor if they do not want to.

If at a place other than a police station, access to legal advice should

be facilitated.

The failure to protect the rights of the detained person, such as

interviewing a suspect who has been denied access to legal

representation at interview may result in a violation of the Human

Rights Act 1998.

If a detainee, who had asked for legal advice and not changed their

mind about wanting legal advice, were to be interviewed before

having the opportunity to consult with a solicitor, the restriction on

drawing adverse inferences from silence would apply.

Record keeping

A record of the person’s time of arrival must be made immediately

upon arrival, at the place of safety. As soon as the person is no

longer detained, he or she must be so advised.

Good practice

Where a person is removed to a hospital (or in exceptional

circumstances a police station), immediate contact should be made

with health and social services departments to ensure the person is

examined with the minimum delay.



People

experiencing

mental ill health

may need support

when dealing

with the criminal

justice system

People experiencing mental ill health

You will come across many people experiencing mental ill health

during your working life. PACE and Code C of the Code of Practice,

do not refer specifically to mental ill health, but uses the terms

‘mental disorder(s)’ and ‘mentally vulnerable’.

The Code of Practice requires an appropriate adult to be present

when a ‘mentally disordered’ or ‘mentally vulnerable’ person is

interviewed. Urgent interviews may not be undertaken without an

appropriate adult present unless the provisions of Code C 11.1 or

11.18 to 11.20 apply.

The term mental ill health covers a range of abilities and difficulties

and rather than trying to place a person into a group it is more useful

to assess an individual’s needs. People experiencing mental ill health

may need support in their dealings with the criminal justice system in

four particular areas:

• Memory: people experiencing mental ill health can have

difficulty recalling information.

• Communication skills: some people experiencing mental ill

health have problems understanding questions and may find it

difficult to put their recollections into words.

• Response to perceived aggression: people experiencing

Down’s Syndrome in particular, may be sensitive to negative

emotion and try to appease the questioner. They may be

more likely to acquiesce with the suggestions of someone

perceived to have a higher status and to be in authority.

Questioning should be kept simple and non-threatening.

• Background knowledge: people experiencing mental ill



health may have little background knowledge of police and

criminal justice procedures. Officers must be prepared to

provide and repeat explanations.

• Few people experiencing mental ill health have all of these

problems and may, for instance, have a very good memory,

but may find communication difficult.

• Problems have occurred where mental ill health has not been

identified by the police. If there is any doubt as to whether a

person should be treated as being experiencing mental ill

health you should obtain specialist assistance from a suitably

qualified person, such as a police surgeon, approved social

worker, mental ill health specialist or clinical psychologist. On

occasions, because police officers normally write witness

statements, it has not come to the notice of prosecuting

solicitors that a witness is experiencing mental ill health. You

should give the CPS an assessment of the person’s ability to

give evidence and ensure that these details are included in the

case file.

Many witnesses are apprehensive at the prospect of attending court

and giving evidence and this is likely to be the case with witnesses

who experience mental ill health. Involving Victim Support, showing

the witness the courtroom and explaining the procedure can alleviate

this. Many of the measures that have been introduced to make court

appearances less terrifying for children are sometimes appropriate

for adults experiencing mental ill health. These include:

• The removal of wigs and gowns.

• The presence of a support person, and

• The use of screens so that the witness cannot see the

defendant.



It is not possible to give guidance which will assist all persons

experiencing mental ill health since each person may have differing

needs and must be treated as an individual. Officers should advise

the CPS of what additional facilities are required, e.g. a specialist

interpreter and should ensure that they comply with the PACE Codes

of Practice, provide additional support when it is needed and seek

specialist advice in any cases of doubt.

Under the Human

Rights Act

everyone must be

informed of

reason for arrest

and any charge

against them in a

language they

understand

People who are deaf, deafened, unable to speak,

blind, partially sighted and people who’s first

language is not English

There are more procedures to follow when dealing with detained

persons who are deemed vulnerable for any reason.

Imagine the confusion in people’s minds. They are present when

police officers are having a conversation which they do not

understand. It can be compared to the situation when you may have

been on holiday abroad when there have been several people around

you speaking a foreign language and you believe that they are

discussing you. Under the Human Rights Act 1998 Schedule 1,

Article 5(2) everyone must be informed of the reason for arrest and

any charge against them in a language that they understand.

Some people may pretend that they speak no English. In

circumstances where you believe this to be the case, it is best to

seek guidance from the custody officer.

Interpreters

When dealing with a person who is deaf, deafened or unable to

speak, they must not be interviewed in the absence of an interpreter,



unless they agree in writing to be interviewed without one.

(However, this does not apply if paragraphs 11.1, or 11.18 to 11.20

of PACE Code C apply). Whenever possible, interpreters should be

drawn from the National Register of Public Service Interpreters

(NRPSI) or the Council for the Advancement of Communication with

Deaf People (CACDP) Directory of British Sign Language/ English

Interpreters.

The interviewing officer should ensure that the interpreter makes a

note of the interview at the time and certifies its accuracy in the

language of the person interviewed.

(Note: only a police officer will formally interview a suspect).

A person must not be interviewed in the absence of a person capable

of acting as an interpreter if:

• The person has difficulty in understanding English.

• The interviewing officer cannot speak the person’s own

language (using an officer as an interpreter is allowed but

should be avoided if possible).

• The person wishes an interpreter to be present.

When a person makes a statement in a language other than English:

• The interpreter shall take down the statement in the language

in which it is made.

• The person making the statement shall be invited to sign it.

• An official English translation shall be made in due course.

The person making the statement shall be allowed to read it, or have

it read to them, be allowed to correct it, indicate any inaccuracy in it

and sign it.



Sometimes an

interview is so

urgent that it has

to take place

immediately

Urgent interviews

There may be occasions where an interview may be so urgent that it

should take place immediately. The full conditions that relate to this

area are laid out in the PACE Codes of Practice Code C, paragraph

11.1. Paragraphs 11.18 to 11.20 contain the details of when an

interview is urgent and the detainee is a vulnerable suspect.

An example is provided here, by way of explanation.

Example

A juvenile has been arrested for the burglary of a pharmacy. Among

the drugs taken were tablets which look like ‘Smarties’ and could

have fatal effects if taken by children. Some drugs have been

recovered, but not these ‘Smarties’. It is necessary to find out where

the tablets are before somebody is harmed.

The circumstances are:

If an officer of the rank of superintendent or above, considers that

delay will:

a) Lead to interference with or harm to evidence or interference

with or physical harm to people, or serious loss of, or damage

to, property.

b) Lead to alerting others suspected of the offence being

investigated or connected offences, or

c) hinder the recovery of property

d) and is satisfied the interview would not significantly harm the

person’s physical or mental state.



then that officer may give authorisation for ‘persons at risk’

(juveniles or persons experiencing mental ill health or who have

difficulty in understanding English, are unable to speak or persons

who are deaf or deafened), to be interviewed in the absence of the

appropriate adult or interpreter. Similar provisions apply to people

heavily under the influence of drink or drugs who may be interviewed

in that state.

(Note: paragraph 11.1 applies to all suspects, not just vulnerable

ones, and do not require a superintendent’s authority. Paragraphs

11.18 – 11.20 allow this but do require a superintendent’s authority).

Questioning in these circumstances may not continue once sufficient

information to avert the immediate risk has been obtained. A written

record of the grounds for any decision to interview in this way must

be recorded.

So, in the case of the juvenile and the ‘Smarties’, authority may be

given by a superintendent or above for an urgent interview without

an appropriate adult being present on the grounds at (a) above.

That states it may ‘lead to interference, harm to evidence or

interference with or physical harm to people’. Once the

information required to secure the drugs has been obtained the

interview must cease.

Where ‘persons at risk’ have been cautioned and interviewed before

the attendance of an appropriate adult, then the caution must be

repeated in the adult’s presence upon arrival.

Having outlined the procedure of dealing with a person while in

detention, there are certain other principles in relation to detention

that must be adhered to.



One principle is that of the necessity to release the person as soon as

the grounds for detention cease.



Knowledge Check

1. When is a person in police detention?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

2. On presentation to the custody officer you must provide them

with known information regarding any special conditions and

associated risks that apply to the detained person. What could

such conditions or risks include?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

3. What Code outlines the manner in which a person must be

treated while in detention?

______________________________________

4. What are the responsibilities of a custody officer in respect of

the property of a person detained at a police station?

______________________________________

______________________________________

______________________________________

______________________________________



______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

5. When can a custody officer search a person?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

6. To what extent, and by whom, can a person be searched?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________



7. What is a strip search?

______________________________________

______________________________________

______________________________________

8. When may a strip search take place?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

9. What must a record of a strip search include?

______________________________________

______________________________________

______________________________________

10.What are the circumstances under which a custody officer

would consider retaining the personal clothing and personal

effects of a detained person?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

11.What is an intimate search?

______________________________________

______________________________________



12.Who may carry out an intimate search?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

13.What must the custody officer record after an intimate search

has been performed?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

14.According to the PACE Codes of Practice, who must be present

when a person experiencing mental ill health is interviewed?

______________________________________

15.In what particular areas might people experiencing mental ill

health need support in their dealings with the criminal justice

system?

______________________________________

______________________________________



______________________________________

______________________________________

16.Who must not be interviewed in the absence of an interpreter,

unless they agree in writing to be interviewed without one?

______________________________________

17.When might an urgent interview take place? Give an example.

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________



Knowledge Check Answers

1. When is a person in police detention?

A person is in detention when they:

• Have been arrested for an offence and brought to a

police station, or

• Has voluntarily attended a police station and is

subsequently arrested, and is detained there or

elsewhere in the charge of a constable.

2. On presentation to the custody officer you must provide

them with known information regarding any special

conditions and associated risks that apply to the

detained person. What could such conditions or risks

include?

• Intoxication.

• Health or medical issues.

• A likelihood of deliberate self-harm.

• The necessity of force in the arrest.

• The need for segregation.

• Requirements associated with the health, safety and

welfare of all involved,

• Information in relation to evidence or other property, for

example drug paraphernalia.

• Requirements for the security of all involved, for example if

the person has been arrested on terrorism charges.



3. What Codes outline the manner in which a person must

be treated while in detention?

PACE 1984 Codes of Practice - Code C

4. What are the responsibilities of a custody officer in

respect of the property of a person detained at a police

station?

Your answer should include some of the following key points:

Personal clothing and personal effects may be retained by

detained persons at their own risk unless the custody officer

considers that they may be:





• Needed as evidence.

Custody officers may, if they consider it necessary, for any of

these reasons withhold any such articles. They must tell the

detainee why the items are being withheld. The custody

officer will decide whether a record should be made of the

property a detained person has with them or had taken from

them on their arrest.

Personal effects are those items a detainee may lawfully need,

use or refer to in detention, e.g. a diary, but does not include

cash and other items of value.



5. When can a custody officer search a person?

Your answer should include some of the following key points:

A custody officer is responsible for ascertaining what property

a detainee has with them when they come to the police

station, whether on:

• Remand into police custody on the authority of a court.

• Arrest or re-detention on answering to bail.

• Commitment to prison custody on the order or sentence

of a court.

• Lodgement at a police station with a view to their

production in court from prison custody.

• Transfer from detention at another station or hospital.

• Detention under the Mental Health Act 1983, Sections

135 or 136.

6. To what extent, and by whom, can a person be

searched?

The custody officer may search the detainee or authorise their

being searched to the extent they consider necessary,

provided a search of intimate parts of the body or involving the

removal of more than outer clothing is only made in

accordance with the provisions of Code C Annex A.

A search may only be carried out by an officer of the same sex

as the detainee.



7. What is a strip search?

A strip search is a search involving the removal of more than

outer clothing. Under the Code of Practice outer clothing

includes shoes and socks.

8. When may a strip search take place?

A strip search may only take place if it is considered necessary

to remove an article which a detainee would not be allowed to

keep, and the officer reasonably considers the detainee may

have concealed such an article. Strip searches should not

routinely be carried out if there is not a reason to consider that

articles are concealed.

9. What must a record of a strip search include?

A record of a strip search must be made on the custody record

and include the reason it was considered necessary, the

persons present and the result of the search.

10. What are the circumstances under which a custody

officer would consider retaining the personal clothing

and personal effects of a detained person?

Personal clothing and personal effects may be retained by the

custody officer if it is considered that they may be:







• Needed as evidence

11. What is an intimate search?

An intimate search consists of a physical examination of a

person’s body orifices other than the mouth.

12. Who may carry out an intimate search?

An intimate search may only be carried out by a registered

medical practitioner or registered nurse, unless an officer of at

least the rank of inspector considers this is not practicable and

the search is to take place to find anything the detainee could

and might use to cause physical injury to themselves or others

at the station, in which case a police officer of the same sex as

the detainee may carry out the search.

What must the custody officer record after an intimate search

has been performed?

13. The custody officer shall, as soon as practicable, record:

• Which parts of the detainee’s body were searched.

• Who carried out the search.

• Who was present.

• The reasons for the search including the reasons to

believe the article could not otherwise be removed. In

addition, the authorisation, grounds for authorisation

and grounds for believing that the article could not be

removed otherwise than by intimate search must all be

recorded.

• The result.



If an intimate search was carried out by a police officer, the

reason why it was impracticable for a registered medical

practitioner or registered nurse to conduct it must be recorded.

14. According to the PACE Codes of Practice, who must be

present when a vulnerable person is interviewed?

An appropriate adult

15. In what particular areas might people experiencing ill

health need support in their dealings with the criminal

justice system?

• memory

• communication skills

• response to perceived aggression

• background knowledge

16. Who must not be interviewed in the absence of an

interpreter, unless he or she agrees in writing to be

interviewed without one?

A person who is deaf, deafened or unable to speak

17. When might an urgent interview take place? Give an

example.

The example given earlier in these notes was:

A juvenile has been arrested for the burglary of a pharmacy.

Among the drugs taken were tablets which look like ‘Smarties’

and could have fatal effects if taken by children. Some drugs

have been recovered, but not these ‘Smarties’. It is necessary

to find out where the tablets are before somebody is harmed.



The circumstances are:

If an officer of the rank of superintendent or above, considers

that delay will:

a. Lead to interference with or harm to evidence or

interference with or physical harm to people, or

serious loss of, or damage to, property.

b. Lead to alerting others suspected of the offence being

investigated or connected offences, or

c. hinder the recovery of property

d. and is satisfied the interview would not significantly

harm the person’s physical or mental state.

then that officer may give authorisation for ‘persons at risk’

(juveniles or vulnerable persons or those who’s first language

is not English), to be interviewed in the absence of the

appropriate adult or interpreter.



Disposal Options

Charging

The interview or further interview of a person about an offence with

which that person has not been charged or for which they have not

been informed they may be prosecuted must cease when the officer

in charge of the investigation:

• Is satisfied all the questions they consider relevant to

obtaining accurate and reliable information about the offence

have been put to the suspect, including allowing the suspect

an opportunity to give an innocent explanation and asking

questions to test if the explanation is accurate and reliable,

e.g. to clear up ambiguities or clarify what the suspect said.

• Has taken account of any other available evidence.

• The officer in charge of the investigation, or in the case of a

detained suspect, the custody officer, reasonably believes

there is sufficient evidence to provide a realistic prospect of

conviction for that offence if the suspect was prosecuted for it.

It is important to note that in conducting an investigation all

reasonable lines of enquiry should be pursued, whether these point

towards or away from the suspect. What is reasonable will depend

on the circumstances.

When the officer in charge of the investigation reasonably believes

there is sufficient evidence to provide a realistic prospect of the

detainee’s conviction, they shall, without delay, inform the custody

officer who will consider whether the detainee should be charged.



When a person is detained in respect of more than one offence it is

permissible to delay informing the custody officer until the above

conditions have been satisfied in respect of all offences.

As soon as there is sufficient evidence for a prosecution to succeed,

the custody officer will decide whether or not the person should be

charged with the offence, or released with or without bail.

If the person is classified as a ‘person at risk’, then any action taken

should be taken in the presence of an appropriate adult.

A person who is to be charged or informed that he or she may be

prosecuted for an offence should be cautioned.

When charged, he or she (or the appropriate adult) should be given a

written notice which shows:

• The particulars of the offence (e.g. the precise offence).

• The name of the police officer in the case and the police

station. (However, this does not apply if paragraph 2.6A of

PACE Code C applies – where there is reasonable belief that

disclosure might put them in danger and/or the enquiries are

linked to the investigation of terrorism. In this case, warrant

or ID numbers and the name of the police station should be

given).

• The reference number of the case.

The notice should also begin with the following words:

‘You are charged with the offence(s) shown below. You do

not have to say anything. But it may harm your defence if you

do not mention now something which you later rely on in

court. Anything you do say may be given in evidence.’



A record must then be made of anything the detained person says

when charged.

Statements brought to the attention

Under Code C of the Codes of Practice, if at any time after a person

has been charged with, or informed that they may be prosecuted for

an offence, a police officer wishes to bring to the notice of that

person any written statement made by another person (or the

content of an interview with another person), the officer shall hand to

that person a true copy of any such written statement or bring to

their attention the content of the interview record, but shall say or do

nothing to invite any reply or comment save to caution them.

(However, they may remind them of the right to free legal advice).

If the accused person cannot read then the officer may read it to

them.

If the accused person is a juvenile or experiencing mental ill health, a

copy shall also be given or the interview record shown to the

appropriate adult.

In accordance with paragraph Code C 10.12 if a vulnerable suspect is

cautioned in the absence of the appropriate adult, the caution must

be repeated in their presence on arrival.

Release of the detained person

When a person has been charged with an offence, the custody officer

must release the person on bail, unless the person comes within the

conditions listed in s.38 PACE, and in making a decision the custody

officer must have regard to the same considerations that a court

would when taking a decision under the Bail Act 1976. In these



Conditions may

be attached to

bail

Or a person may

be released

unconditionally

The custody

officer must

record on the

custody record

any action taken

in respect to

release of the

detainee

circumstances, the person will be kept in custody and be brought

before a Magistrates’ Court.

The term ‘bail’ means:

• Bailed to appear before a court at a given time and date, or

• Bailed to return to a police station at a given time and date, or

• Bailed without charge.

When released on bail a custody officer may attach conditions if the

detained person is released after charge.

A custody officer may release unconditionally a person who has been

informed they may be prosecuted, i.e. reported for summons.

If a person is reported for an offence, and the decision to prosecute

has not yet been taken (e.g. in the case of a juvenile) the person

(and the appropriate adult) should be informed.

The custody officer is responsible for recording on the custody record

any action taken in respect of the release of a person. A person, who

has been released on bail to appear before a court, or bailed to

return to a police station (Section 46A, Police and Criminal Evidence

Act 1984), who fails to appear or comply with the conditions

imposed, commits an offence.



Knowledge Check

1. At what point must a person be charged with an offence?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

2. What action is to be taken when a person is charged with an

offence?

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

3. What is meant by the term ‘bail’?

______________________________________

______________________________________

______________________________________

______________________________________



Knowledge Check Answers

1. At what point must a person be charged with an offence?

When the officer in charge of the investigation reasonably

believes there is sufficient evidence to provide a realistic

prospect of the detainee’s conviction, they shall, without delay,

inform the custody officer who will consider whether the

detainee should be charged.

As soon as there is sufficient evidence for a prosecution to

succeed, the custody officer will decide whether or not the

person should be charged with the offence, or released with or

without bail.

2. What action is to be taken when a person is charged with an

offence?

A person who is to be charged or informed that he or she may

be prosecuted for an offence should be cautioned.

When charged, they (or the appropriate adult) should be given

a written notice which shows:

• The particulars of the offence (e.g. the precise offence).

• The name of the police officer in the case and the police

station. (However, this does not apply if paragraph

2.6A of PACE Code C applies – where there is

reasonable belief that disclosure might put them in

danger and/or the enquiries are linked to the

investigation of terrorism. In this case, warrant or id



numbers and the name of the police station should be

given).

• The reference number of the case.

A record must then be made of anything the detained person

says when charged.

3. What is meant by the term ‘bail’?

The term ‘bail’ means:

• Bailed to appear before a court at a given time and

date, or

• Bailed to return to a police station at a given time and

date, or

• Bailed without charge.



When dealing

with a detainee

you will be under

the supervision of

the custody

officer. If you

are ever in doubt

of your course of

action, seek

advice from the

custody officer

Summary

In these notes you have learnt how to get all relevant information

about a detained person from appropriate sources and then deal with

them in an appropriate way following a dynamic risk assessment and

evaluation of their vulnerability.

You should be able to identify the most appropriate locations to

escort a detained person to. You should also understand how to take

responsibility for any evidence or personal property that is being

transported with the detained person. You are responsible for the

suspect until formally handed over to custody.

On arrival at the appropriate location you will usually pass the

detained person over to a custody officer. On doing so you must

explain the legality and grounds for detention to the custody officer

and inform them of any special conditions or risks that may apply to

the detained person.

When dealing with detained persons, all your actions towards

individuals must be conducted in an ethical manner, recognising and

respecting equality, diversity and human rights. You should take into

account the health and safety and welfare of yourself, the detained

person and others at all times.

You must use the correct officer safety and search techniques as

required. This should be in accordance with training, legislation and

policy and with consideration for the security and safety of the

detained person, yourself and others.

You need to ensure that correct and prompt disposal procedures are

followed when you are involved with a detained person.



Throughout your career with the police it is important that you

constantly evaluate your own performance and use self-reflection in

order to develop your skills to the required standard in relation to

escorting and presenting suspects to custody.

When dealing with detained persons, you will be under the general

supervision of the custody officer. The Police and Criminal Evidence

Act 1984 Codes of Practice lay down the procedures to be adopted

when dealing with detainees. It is vital to seek advice from the

custody officer if you are in any doubt as to what course of action

you should take.


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