This chapter cites Code C of the Police and Criminal Evidence Act (PACE) 1984, which is the code of practice for the detention, treatment, and questioning of persons by police officers. It highlights the term ‘vulnerable’ which applies to any person that has a mental health condition or disorder which means that they may have difficulty understanding or communicating about the implications of their arrest and detention, their voluntary attendance at a police station, and the exercise of their rights and entitlements. It also talks about a person of any age suspected by the police to be vulnerable, which may be treated as such for the purposes of Code C. The chapter explores the reference of Code C to the custody officer or any police officer performing the functions of a custody officer. It looks at the role of an appropriate adult on safeguarding the rights, entitlements, and welfare of juveniles and vulnerable persons.
12
Chapter
Chapter
In Card and English on Police Law
Richard Card
Publication History:
- Published in print:
- 14 July 2022
- Published online:
- 23 August 2023
Chapter
Chapter
In Card and English on Police Law
Richard Card
Publication History:
- Published in print:
- 14 July 2022
- Published online:
- 23 August 2023
This chapter discusses identification by witnesses who have seen a crime committed by a person that may feature in a video identification or identification parade. It cites Code D of the Police and Criminal Evidence Act (PACE) 1984, which is concerned with methods of identification, the keeping of records, and the taking of photographs of arrested people. It also looks at general principles that apply to all methods by which identification can be made. The chapter describes persons other than police officers that may be allowed to carry out procedures or tasks at the police station if the law allows. The chapter reviews the materials in Code D, which includes the identification of a suspect by an eyewitness. It covers recognition by controlled and uncontrolled showing of films, photographs, and other images.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter details the entitlements of detainees. It cites the detainee's right both to have a person informed of their arrest and to consult with a solicitor, which includes the concern of the authority to interview a detainee without a solicitor being present when legal advice has been requested. Any delays to these rights may only be authorized under the Police and Criminal Evidence Act (PACE) 1984 or the Codes of Practice. The chapter explains that any detainee of an independent Commonwealth country may communicate at any time with the appropriate High Commission, Embassy or Consulate. It mentions that adverse inferences from any silence may not be drawn as the detainee has not had the opportunity to consult with a solicitor.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter examines the issue of extending the detention of a person beyond the initial 24-hour period. It mentions that a warrant of further detention may be issued for such a period as the magistrates' court thinks fit, but the period should not be beyond 36 hours. Section 42 of the Police and Criminal Evidence Act (PACE) 1984 allows a superintendent to authorize continued detention beyond 24 hours for indictable offences. Additionally, Article 5 of the Human Rights Act 1998 is relevant when determining whether or not to authorize continued detention. The chapter also considers the responsibility of review officers to the extension of detention.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter highlights Part III of the Police and Criminal Evidence Act (PACE) 1984, which outlines powers and duties in relation to arrest. It discusses arrest without warrant by constables and other persons, information to be given on arrest, and powers and procedures with respect to persons arrested elsewhere than at a police station. It also reviews provisions on the bail of persons arrested elsewhere than at a police station and the arrest of persons at police stations, attending voluntarily or by arrest for further offence. The chapter explores the power and duty of the search of persons and search and entry of premises upon arrest at a place other than a police station. It mentions the Serious Organised Crime and Police Act 2005 (SOCPA), which splits the general power of arrest into two sections: arrests effected by constables and arrests effected by other persons.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter cites Section 60 of Part V of the Police and Criminal Evidence Act (PACE) 1984, which imposes a duty on the Secretary of State to issue a Code of Practice in connection with the audio recording of interviews with suspects. It notes Section 60A that provides the Secretary of State with the power to issue a Code of Practice for the visual recording of interviews. It also discusses three Codes of Practice that apply to interviews. Code C provides general provisions on the arrangements for and rights, entitlements, and safeguards attaching to interviews of suspects, while Code E governs the conduct and recording of all audio-recorded interviews. Code F sets out similar provisions to those in Code E but in respect of visual and audio-visual recordings.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter focuses on Part VIII of the Police and Criminal Evidence Act (PACE) 1984, which deals with proof of previous convictions and acquittals that are admissible in evidence. It also covers provisions on confessions by the accused or a co-accused and confessions by the mentally handicapped. It also looks at miscellaneous provisions that provide the courts with the power to exclude evidence, handle competence and compellability of the accused's spouse, and the necessity to give advance notice of expert evidence. The chapter discusses Section 73 of Part VIII that provides a way of proving that a person has been convicted or acquitted of an offence in the United Kingdom or a member state. It details how Section 76 targets the admissibility of confessions made by an accused person wherein the prosecution fails to prove that the confession was obtained as a result of oppression.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter discusses Part V of the Police and Criminal Evidence Act (PACE) 1984 that contains important sections dealing with procedures that identify the suspect as the offender. It looks at the methods by which a suspect may be identified. It also cites amendments to PACE provided for by the Crime and Security Act 2010 that give the police additional powers to take fingerprints and DNA samples from people arrested, charged, or convicted of a recordable offence. The chapter mentions proposed amendments to Section 64 of PACE contained in Section 14 of the Crime and Security Act 2010. It covers comprehensive provisions concerning the identification of a suspect by witnesses that are found in Code D, which concerns the principal methods used by police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter describes Sections 34 to 51, which make up Part IV of the Police and Criminal Evidence Act (PACE) 1984. Part IV sets out the conditions under which a person can be held in police detention and when they must be released, the role and responsibilities of the custody officer, and a timetable within which decisions relating to detention and charge must be made. It also talks about a person in police detention for the purposes of PACE if taken to a police station following arrest or is arrested at the police station. The chapter examines how a person is to be treated as under arrest for an offence where they return to a police station to answer bail. It cites Section 34(1), which specifies that a person arrested for an offence will not be kept in police detention except in accordance with the provisions of PACE.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter analyzes Part V of the Police and Criminal Evidence Act (PACE) 1984, which encompasses disparate but important provisions relating to the rights and treatment of detainees, interviews, and identification. It highlights Sections 53 to 55 of Part V that provide for the detainee to be searched to ascertain what items the person searched is in possession of and to assist in identifying the detained person. It also covers Sections 61 to 64 that provide the police with power to take fingerprints, impressions of footwear, intimate and other samples, photographs, and to test the detainee for the presence of Class A drugs. The chapter talks about giving rights to the detainee, notably the right to have someone informed of their arrest. It points out that sections of Part V that deal with detainees' rights and treatment are expanded in Code C of the Codes of Practice.
Chapter
Chapter
In PACE: A Practical guide to the Police and Criminal Evidence Act 1984
Paul Ozin and Heather Norton
Publication History:
- Published in print:
- 26 March 2019
- Published online:
- 23 August 2023
This chapter describes particular classes of detainee who may have difficulty in understanding the significance of procedures, questioning, and the potential implication of any decisions they may make or responses they may give. It discusses detainees that are recognized as special groups in Code C 3(B), which are deemed in need of special protection. It also explores Code C, this provides safeguards covering the detention, treatment, and questioning of the members of special groups. The chapter emphasizes how the Codes of Police and Criminal Evidence Act (PACE) 1984 recognize that special groups may be liable to give misleading, unreliable, or self-incriminating evidence. It states that any breach of the safeguards designed to protect the interests of special groups may give rise to a subsequent successful application to exclude any obtained evidence.
Chapter
Chapter
In Card and English on Police Law
Richard Card
Publication History:
- Published in print:
- 14 July 2022
- Published online:
- 23 August 2023
This chapter cites Code C of the Police and Criminal Evidence Act (PACE) 1984, which is about the temporary withholding of information to persons that are at the time incapable of understanding as they were being violent or in urgent need of medical attention. It points out how suspects and other people entering in the custody area should be informed through placed notices that video cameras are installed and in use. It also cites PACE, s 35(1) that requires the chief officer to designate the police stations in the area that are to be used for detaining arrested persons. The chapter discusses the requirement of a custody officer to perform the functions specified in Code C as soon as is practicable. It emphasizes how no person in police detention may be released except on the authority of a custody officer.
Chapter
Chapter
In Blackstone’s Police Operational Handbook
Paul Ozin
Publication History:
- Published in print:
- 10 November 2022
- Published online:
- 23 August 2023
This introductory chapter provides an overview of the power and procedures of police operations. It details the sections and articles within the Police and Criminal Evidence Act 1984 (PACE). If a police officer uses force, the action must be justified and reasonable and based on lawful authority since it would become a notion of assault and be deemed unlawful. Statute, common law, and human rights set out the circumstances in which the use of force will be lawful, however, each case will have its peculiar facts. The chapter explores police operations that range between stop and search, arrest, seizure powers, and search warrants.
Chapter
Chapter
In Blackstone’s Handbook for Policing Students
Edited by Dominic Wood, Sarah Bradshaw, Tara Dickens, Julian Parker-McLeod, Francis Simpson, and Graham Weaver
Publication History:
- Published in print:
- 10 April 2022
- Published online:
- 23 August 2023
This chapter looks into the law surrounding detention and arrest, and collecting evidence. Police officers are required to know the law and how to apply it in relation to detaining a person, carrying out an arrest, and taking a suspect into custody. Moreover, the exercise of powers should be consistent with the Human Rights Act 1998 and the provisions of the Police and Criminal Evidence (PACE) Act 1984, and the associated Codes of Practice. The chapter explains that risk assessments must also be made when a person is detained, especially when there is a risk of self-harm. It cites the process of identification of suspects by witnesses.
Book
Richard Card
This book provides straightforward coverage of all aspects of law and police procedure that affect the community at large. This edition has been fully updated. In addition to a host of amendments to pre-existing legislation, new bodies of statute law, such as the Investigatory Powers Act 2016, the Haulage Permits and Trailer Registration Act 2018, and the Assault on Emergency Workers (Offences) Act 2018, are dealt with. Case law developments are also described, as are revisions to the PACE Codes. Introduced into the body of the new edition is content covering public service vehicles, goods vehicles, animals, birds, and plants, and game.
Chapter
Chapter
In Blackstone’s Handbook for Policing Students
Edited by Dominic Wood, Sarah Bradshaw, Tara Dickens, Julian Parker-McLeod, Francis Simpson, and Graham Weaver
Publication History:
- Published in print:
- 10 April 2022
- Published online:
- 23 August 2023
This chapter discusses the process of investigative interviewing. Interviewing witnesses, victims, and suspects is a key part of the police investigation process, thus the modern approach to police interviewing in the UK is to see the interview as a means of seeking to establish the truth. Following the advent of the Police and Criminal Evidence (PACE) Act 1984, the police were obliged to routinely audio-record interviews of suspects. The chapter explains the PEACE process interview with witnesses and suspects. It notes how the by-product of a formal police interview is the intelligence interview, which is often used to gather criminal intelligence on the activities and lifestyle of the interviewee and others.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter discusses the application of the Guidance on the Safer Detention and Handling of Persons in Police Custody 2012. It details the effect of Code C of the PACE Codes of Practice as it applies to custody staff. Most custody staff are primarily concerned with the risk of a person dying, or committing suicide during their detention. The chapter notes what the custody officer can do to minimize the risk of detainees attempting to self-harm or suicide by observing the detainee's behaviour. It also explains how Article 2 of the Human Rights Act 1998 is enacted to ensure that everyone's right to life is protected by law.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter covers the additional protections for vulnerable detainees as per the Police and Criminal Evidence Act (PACE) 1984 and the Codes of Practice. It cites that vulnerable detainees have the same right to have someone informed of their arrest and to consult with a solicitor as any other person in police detention. Meanwhile, Section 11 of the Children Act 2004 requires the police to consider the need to safeguard and promote the welfare of children in discharging their functions. The chapter discusses the issues that affect juvenile detainees and adult detainees requiring appropriate adults and some general issues which affect both classes of people. It tackles the importance of the Mental Health Act 1983 in ensuring vulnerable detainees are not detained for more than 72 hours.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter looks into how custody officers deal with property and searching in correlation with the provisions of the Police and Criminal Evidence Act (PACE) 1984 and the Codes of Practice. Custody officers need to be aware of the requirement to record property belonging to detainees and the power to seize property when the need arises. Under the Human Rights Act 1998, the police must rationalize their actions and show that it was necessary, proportional, and legal to search, remove or retain a detained person's property. The chapter explains the careful consideration given to the intrusive nature of an intimate search. It mentions the responsibility of custody offers to ascertain a detainee's properties under several factors such as their arrest or illegal acquisition.
Chapter
Chapter
In Blackstone’s Custody Officers’ Manual
Huw Smart
Publication History:
- Published in print:
- 14 November 2013
- Published online:
- 23 August 2023
This chapter tackles the role of the custody officer. It highlights the importance of leadership and decision making for custody officers, especially when custody officers have a responsibility to ensure all detainees are treated in accordance with their individual needs without discrimination. The Police Reform Act 2002 allowed the appointment of non-police officers to act as detention officers and their powers. Additionally, Article 5 of the Human Rights Act of 1998 indicates people's right to liberty and security of the person. The chapter then looks into the appointment of officers in correlation with the Police and Criminal Evidence Act 1984 (PACE).
12
