Royal Mail
Royal Mail Internal Information
Criminal Investigation Team
7.2 Police Custody Procedures
Version 1.0 Final
May 2012
Review Date: May 2014
Ray Pratt
Head of Investigations Policy & Standards
Mobex
Mobile
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Contents
Key Accountabilities
1. Introduction
2. Arrest
3. Custody “Booking In” Process
4. Fingerprints, DNA and Photographs
5. Searching of Premises and Vehicles
6. Custody Reviews
7. Interviews at a Police Station
8. Procedure Post Interview
Change Control
Glossary
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Key Accountabilities
Who is What do I have to do? When do! have to do I How do! do this?
accountable?
this?
All members of
Royal Mail Security
Ensure you comply with
these procedures
Ongoing
As detailed within
these procedures
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Police Custody Procedures
1.
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1.2
1.3
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2.1
2.2
2.3
Introduction
The treatment of persons detained in police custody in England & Wales is governed by the Police and
Criminal Evidence Act 1984, (PACE) and the accompanying Codes of Practice (CoP). Similar provisions
apply in Northern Ireland, the legislation being the Police and Criminal Evidence (Northern Ireland)
Order 1989, (PACE(NI)), again with accompanying CoP. Investigators must ensure that they have a
thorough understanding of the legislation and the relevant codes, in particular Code C, which deals
with the detention and treatment of suspects. Different legislation applies to police custody in
Scotland but fundamentally the same activities are undertaken.
The purpose of these Procedures & Standards (P&S) therefore is not to reiterate legislation but to
inform Investigators of the practical procedures which are undertaken so that they can engage with
the police in a professional manner.
Investigators should also be aware that the order of the different processes described in these P&S
are not “fixed in stone”. The exact order will be dependant on the circumstances of the case and the
practices in place at the particular police station detaining the suspect. Having said that the order is
what can be expected in most cases.
Panic Alarms. Investigators should be aware that custody suites have panic alarms which can be used
to summons immediate help. Normally the alarms are strips on the wall. When in custody suites
Investigators should identify the particular panic alarm system in use in case it is needed.
Important Note. Some custody staff may incorrectly assume that Royal Mail Investigators have been
trained as, and have the powers of, police officers. As such custody staff may ask Investigators to
undertake tasks for which they have not been trained. Should an Investigator be asked to perform
some task of which they are unsure, they should politely decline and ask for assistance.
Arrest
In order to effectively progress some investigations arrest becomes necessary. An arrest should be
carried out by a constable, unless the arrest criteria apply and it appears to the Investigator making
the arrest, that it is not reasonably practicable for a constable to make it instead. In any event
police assistance will be requested.
Investigators should note that constables, like citizens, can only arrest if the arrest is necessary.
However constables, unlike citizens, are able to arrest if it is necessary to allow the prompt and
effective investigation of the offence(s) concerned. Full details on citizen’s powers of arrest are
contained within P&S 7.1 Suspect Approach and Arrest.
On the arrival of the police they will ask to be briefed on the circumstances of the case. An example of
the sort of briefing that a police officer will want in a Royal Mail Group Ltd (RMG Ltd) case is below;
2.3.1 An investigation is underway in to the reported losses of large amounts of greetings cards at
Anytown Delivery Office.
2.3.2 An analysis of the losses showed that the suspect had 100% access.
2.3.3. Two “test” greeting card type letters, which the suspect was due to deliver, were prepared
and placed in mail to be handled by the suspect.
2.3.4 Observations were undertaken on the suspect which confirmed that he sorted the test items
and took them out on delivery.
2.3.5 The test items have not been delivered, yet markers to the two test addresses have been.
2.3.6 When asked the suspect refused consent to search.
2.3.7. I believe the suspect has the stolen test letters in his possession.
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The police will then ask for the Investigator to repeat the allegations in the presence of the suspect.
(As the allegations are made in the presence of a suspect the police officer can include the allegations
and quote the reason for the arrest in any subsequent witness statement they make, without falling
foul of the “hearsay” rules.) Normally after hearing the circumstances they will either arrest, or if the
suspect has been arrested by an Investigator, re-arrest the suspect.
Searches on Arrest (Section 32 of PACE, Section 34 of PACE(NI)). When a person is arrested at a place
other than at a police station, Section 32 of PACE gives the Police the power to search a person for
anything which might be evidence of that offence or for anything that may present a danger to
themselves or any other person. In addition Section 32 gives the police the power to search the
premises in which the person was arrested, if they have reasonable grounds to suspect that they will
find evidence of an offence. (Under Section 23 of PACE, (Section 25 PACE(NI)) the definition of
premises includes vehicles).
Conveyed to a Designated Police Station. Following an arrest by a police officer Section 30 of PACE,
(Section 32 PACE(NI)) requires that an arrested person be conveyed to a designated police station as
soon as practicable.
Custody “Booking In” Process
Custody Record. All detainees must be seen by the custody officer as soon as practicable after arrival
at the police station. The custody officer is responsible for ensuring that the detainee’s time in
custody is PACE compliant and fully risk assessed. Accordingly the custody officer will open a custody
record, which will be used to record any events or issues relevant to the detainee’s custody including
any actions taken to ensure the detainee’s wellbeing, any actions taken in respect of the investigation
and any actions in respect of the detainee’s legal rights.
Grounds for Arrest The first matter to be addressed is the grounds for arrest. The arresting officer will
be asked to detail their reason for arresting the detained person. Normally the arresting officer will
repeat the information given to him by the Investigator in the Case (IIC). On occasions however,
arresting officers have asked the IIC to remind them of the reasons and assist in briefing the custody
officer on the grounds for arrest. The information given in paragraphs 2.3.1 to 2.3.7 above is an
example of the type of information which the custody officer would expect.
Grounds for Authorising Detention. The custody officer will then have to establish if there are
grounds to authorise detention. Such grounds may include;
3.3.1 To allow the prompt and effective investigation of the offence or of the conduct of the
detained person.
3.3.2 To secure evidence by conducting searches.
3.3.3 To secure evidence by interviewing the suspect.
3.3.4 To obtain fingerprints photographs and DNA samples
It is expected that in all RMG Ltd cases involving an arrest there will be grounds for detention and as
such the custody officer will authorise it.
Person Search. The search of a detainee prior to arrival at the custody suite does not negate the need
for a subsequent search being conducted at the police station. Section 54 of PACE, (Section 55
PACE(NI)) provides a power to search a detainee on arrival and a separate power to search at any
other time. The power within Section 54 applies only to the police and designated detention officers;
again however in the past custody officers have asked the IIC to conduct the search. If this happens
the IIC must ensure that they have the consent of the detainee, as they have no power to do so. If the
detainee does not consent then the IIC should refer the person search back to the custody officer.
During the custody “booking in” process therefore it is normal for the detained person to be searched
or re-searched, (if they were searched on arrest). During the search process items will be recovered
for the following reasons;
3.5.1 To prevent the detainee using the item to harm themselves, or others.
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3.5.2 To prevent items being used to assist an escape from detention.
3.5.3 For safe keeping whilst the detainee is in custody.
3.5.4 As potential evidence of an offence.
3.5.5 To prevent the interference with evidence.
3.5.6 To prevent the damage to property.
Items removed from the suspect will be recorded on the custody record, detailing the reason for the
retention.
Risk Assessment. A risk assessment will be undertaken with the view of ensuring the health and
safety of both the detainee and others they will come in to contact with within the custody suite. The
risk assessment consists of the following;
3.6.1 Intelligence checks will be made on the Police National Computer (PNC) and other force
records to see if the detainee has any “Warning Markers”, (a full explanation of what the
warning markers mean can be found in Section 2 of Appendix 1 to P&S 4.1 Risk Related
Intelligence Checks)
3.6.2 The detainee will then be asked questions to establish their physical and mental health along
the following lines.
a) Have they any injuries or physical medical conditions?
b) Have they any mental health problems including their current mental state?
¢) Have they seen a doctor or been to hospital in respect of any current condition?
d) Are they on any medication? (If they have any medication on them it should be handed to
the custody officer)
e) Have they ever tried to self harm?
f) Whether they are under the influence of drink or drugs or are dependant on them?
g) Whether they have any allergies?
h) If they have any learning difficulties?
Fit to be Detained. The custody officer is responsible for ensuring that any detainee is fit to be
detained. If they have any doubts they must ensure that the detainee is seen by a Registered Medical
Practioner. If any Investigator has any information which is relevant to the detainees’ general health
they should notify the custody officer as soon as practicable.
Observations. Depending on the risk assessment detainees will be subjected to a level of observation
whilst in custody. The levels of observation are;
3.8.1 General Observation. Checks are carried out at least every hour.
3.8.2 Intermittent Observation. Used if under the influence of drugs or alcohol and checked at least
every 30 minutes.
3.8.3 Constant Observation. The detainee is under constant observation but this may be done by
CCTV in the cell
3.8.4 Close Proximity. This is for detainees who are at the biggest risk and as such they are to be
physically supervised in close proximity.
Other Persons Dependant on the Detainee. The custody officer may also make enquiries with the
detainee to establish if there is any person who depends on them, who may be left without help or
care whilst they are in custody. This could include a child, or an older or disabled person. Assistance
can be given to help the detainee to arrange help.
Legal Rights. The detainee will be informed of their legal rights whilst in custody by the custody
officer. They include;
3.10.1 Their right to consult with an independent Solicitor.
3.10.2 The right to have someone informed of the arrest, (Investigators can request that this right be
delayed if it is thought that this will lead to the loss of evidence; for example alerting someone
at a premises to be searched).
3.10.3 That they can consult the relevant PACE CoP.
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3.11 Foreign Nationals Foreign nationals are also to be informed of their right to communicate with, or
inform their High Commission, Embassy or Consulate of their detention.
3.12 The custody officer will also establish whether the detainee requires an appropriate adult and/or an
interpreter.
3.13 Drug Testing and Smartwater Checks. The detainee may also be subjected to a drug use test anda
test to see if they are contaminated with “Smartwater”.
4. Fingerprints, DNA samples and Photographs.
4.1 The police have the power to take the fingerprints, a DNA sample and photographs of persons
detained at a police station, for a recordable offence, if they are not already in possession of such
samples. (The offences investigated by Royal Mail Security (RMS) are in the main recordable). The
power to;
4.1.1 Fingerprint is given under Section 61 of PACE 1984, (Section 61 PACE(NI)).
4.1.2. Take a DNA sample is given under Section 63 of PACE 1984, (Section 63 PACE(NI)).
4.1.3 Photograph is given under Section 64 of PACE 1984, (Section 64A PACE(NI)).
4.2 The detainee will be informed that any fingerprints or DNA will be taken;
4.2.1 To make sure whether or not their fingerprints and DNA are already held on relevant
databases.
4.2.2 \f they are not held on relevant databases to ensure that they are added.
4.2.3 To prove their identity as the person arrested and detained at the police station on that
particular occasion.
The detainee will also be informed that the fingerprints and DNA may well be subject of a speculative
search against fingerprints or DNA obtained following crime scene examination.
4.3 Most fingerprints which are taken at a police station are now taken by an electronic system called
“Livescan”. Livescan takes a digital image of the fingerprints which is checked against fingerprint
records, whilst the detainee is in custody, to see if they are “known to police” or if they are “wanted”.
In order to use the Livescan system a police officer will have to enter their warrant number in to the
system. Investigators should also note that the Livescan system will generate a unique number which
identifies the detainee. This number should be recorded by the IIC as it should be detailed on the Non
Police Agencies (NPA) forms. For further information on NPA forms see P&S 7.10 Reporting Offences
to the Police (NPA Procedures).
4.4 Investigators must ensure that before the suspect is released from police detention the matter of
obtaining fingerprints, a DNA sample and photographs have been addressed. Investigators must note
however, that the power to take fingerprints, a DNA sample and photographs without written
consent is only exercisable by a constable.
4.5 Other Samples. It is also worthy of note that the police have the power, in certain circumstances, to
take intimate samples such as blood or dental impressions and also to take such things as footwear
impressions. Investigators should therefore be aware that such tests may be required but it is the
responsibility of the police to administer these procedures.
5. Searches of Premises and Vehicles.
5.1 If searches of the suspect's home and vehicle have not been completed prior to the detainee being
taken to the police station then Section 18 of PACE, (Section 20 PACE(NI)) allows the police to search
premises occupied or controlled by that person. (Remember Section 23 of PACE, (Section 25 PACE(NI)
includes vehicles in the definition of premises). A Section 18 search usually requires the authority of a
police inspector. (In certain circumstances a constable can search under Section 18 without an
inspector’s authority). Sometimes the inspector will ask to be briefed on the circumstances of the case
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by the IIC. This is particularly so if there are applications to search more than one address, as the
inspector will want to know the connection between the detainee and the premises to be searched.
Investigators should note that there is no requirement for the detained person to be present at a
search; they may well be left in custody at the police station whilst the search is conducted. For
further details on searching see P&S 7.5 Searching.
Custody Reviews
Normally a person can be kept in custody for a total of 24 hours, without charge, from the time
detention was authorised by the custody officer. This period of time can be extended to 36 hours on
the authority of a police superintendent, or extended to a period of 96 hours on the authority of a
Magistrate. It is, however, unlikely in RMG Ltd cases that more than 24 hours will be needed. (This
period of detention includes the time spent in custody following the initial decision to authorise
detention and any further period of custody, should the detainee be required to answer police bail).
Although a period of 24 hours is allowed, the period of time in which a person is in custody should be
the minimum amount of time needed to effectively investigate the offences in question. Accordingly,
in order to ensure that the investigation is being carried out in a prompt and expeditious manner, a
person’s period in custody is subject to review.
First Review. The general rule is that the first review must be carried out by a police officer not below
the rank of inspector and no later than six hours after detention was first authorised. The officer
responsible for conducting the review should not be directly involved in the investigation. The
detainee or their legal advisor can make representations to the “reviewing officer” about the need for
continued detention.
Second and Subsequent Review. Following the initial review a police officer, not below the rank of
inspector, must review the authority for detention no later than nine hours after the initial review. Any
subsequent reviews (should the period of detention be extended by a Police Superintendent or
Magistrate) must take place no later than 9 hours after the previous review.
The reviewing officer may well ask questions of the IIC to ensure that the investigation is being
conducted in a prompt and effective manner and Investigators should be prepared for this.
Interviews at a Police Station.
Following the arrest of suspects in RMG Ltd cases the suspect will often be interviewed by Royal Mail
Investigators, without the presence of a police officer. This of course is not an issue as Investigators
are well versed in conducting suspect interviews. There are however subtle changes (in procedures
and processes) which Investigators should be aware of, which are detailed below.
Friend Rule. The RMG Ltd Friend rule does not apply when Investigators are conducting suspect
interviews of RMG Ltd staff that are in police custody.
Fitness to be interviewed. A custody officer should satisfy themselves that a detainee is fit to be
interviewed before an interview takes place.
Interview Recording Media. There are many ways of recording interviews at police stations including
magnetic tapes, CD’s, DVD's and secure digital networks. If Investigators are confronted with a
recording medium with which they are unfamiliar then they should seek the advice of the police. It
may be that they allow the use of the Investigators portable equipment. Investigators should also
establish what the treatment of the master recording will be. Some forces centrally store all master
recordings; others will allow the Investigators to keep them with the case papers. Often however if
Investigators use RMS seals and recording media they will allow the investigator to keep the Master
copy.
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Responsibility for Detained Person whist being Interviewed. When it is time to interview the suspect
the IIC will be asked to make a declaration to the effect that they are aware of their responsibilities
under Section 39 of PACE. This section details that the Investigator is responsible for ensuring that the
detained person is treated in accordance with the PACE CoP. The IIC is also responsible for the
detainee’s well being during the time that they are being interviewed.
Legal Rights. As detailed above in paragraph 3.10 the suspect will always be offered their legal rights
when they are being booked in to custody. However the IIC is responsible for ensuring that the
detainee is reminded of their legal rights at the outset and recommencement of any interview. This
includes informing the detainee that the interview can be delayed whilst legal advice is sought.
Accordingly if the Legal Rights Explanation GS001 form is used it will have to be amended to reflect
the actual legal rights that the suspect has whilst in custody.
Ending the Interview. The correct action to be taken at the end of an interview is dependant on the
circumstances of the case and is as follows;
7.7.1. Charged with an Offence(s). If the IIC believes there is sufficient evidence to charge the
detainee with an offence(s) there is no need to inform them that they may have rendered
themselves liable to prosecution. This will be made clear to them when they are charged. The
suspect should however be given the second caution and the opportunity to respond to it.
7.7.2 Bailed to Appear Back at a Police Station. If further enquires are needed before a detainee is
charged it may be thought that the correct course of action is to request that the detainee
should be released from police custody on police bail. This means that the suspect will be
required to attend the police station at a later date when they can be re-interviewed. Should it
be thought that releasing a person on police bail is the appropriate course of action then the
detainee should not be informed that they may have rendered themselves liable to
prosecution at that stage, nor should they be given the second caution.
7.7.3 Released from Police Custody with Option of Proceeding by Summons. If the investigation is
involved and further enquiries are likely to be time consuming then it may be appropriate to
release the detainee from police custody with the option of proceeding by summons. If this is
the case the detainee should be informed that they may have rendered themselves liable to
prosecution and given the second caution, with the opportunity to respond. It should also be
made clear to the detainee before they are released from police custody that the enquiries are
ongoing and the case may well proceed by summons.
7.7.4 No further Action. If it is thought that there is no realistic chance of a successful prosecution
then the detainee should not be informed that they have rendered themselves liable to
prosecution or given the second caution. Arrangements should be made for their release from
custody as soon as practicable.
Advice on the correct course of action should be sought from the Criminal Law Team (CLT) in
accordance with paragraph 8.1 below.
Returning the Detainee to the Custody Officer Post Interview. On returning the detainee to the
custody officer the IIC must report whether or not PACE was complied with and report any incidents
that occurred which may be relevant to the detainee’s detention. In addition the IIC should give the
custody officer a summary of the interview. That summary should include;
7.8.1 All offences admitted.
7.8.2. All matters which were denied.
7.8.3 If the interviewee declined to answer any questions.
7.8.4 Any other events such as toilet visits or refreshments given.
Procedures Post Interview.
Following an interview the IIC will have to discuss the further conduct of the case and any potential
charges with the custody officer. However before doing this the IC should endeavour to contact the
Criminal Law Team (CLT) for advice. The out of hours contact for the CLT is
} The potential courses of action are detailed paragraph 7.7 above.
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Should the decision be to charge the suspect with criminal offences the IIC must make a request that
the case is not referred to the Crown Prosecution Service (CPS) as it is preferred that the Royal Mail
CLT will prosecute. To facilitate this it is normal practice for the IIC to sign the charge sheet and retain
the CPS copy. If the IIC is signing the charge sheet some custody officers will ask the IIC to read the
charges to the detainee and give them the second caution.
Defendants who are Charged. Following a charge a defendant will either be remanded in custody or,
more likely, bailed to appear at a Magistrates Court at the next available hearing. Conditions may be
placed on a defendant bailed to appear at a Magistrates Court, for example it may be a condition that
they live at a particular address, or that they are not to contact prosecution witnesses. Any defendant
who is charged at a police station should be given a Notice to Person Charged or Summonsed form
Gs044.
For a defendant to be remanded in custody, or have conditions placed on their bail, the custody
officer must have substantial grounds to believe that the defendant may;
8.4.1 Fail to surrender to bail. The defendant’s domestic/personal circumstances may influence this
or they may have indicated they intend to abscond.
8.4.2 Obstruct the course of justice and/or interfere with witnesses. Has the defendant threatened
to interfere with witnesses (or has a history of such behaviour) or will they hinder the recovery
of property?
8.4.3 Commit offences on bail. Is it thought that the defendant will commit further offence(s) whilst
on bail?
8.4.4 Be at risk of harm. Is there a threat to the defendant or are they suicidal, have a drug habit or
mental disorder etc? Special consideration should be given to the welfare of young persons.
If the IIC knows of any such issues they should make the custody officer aware.
Non Police Prosecution and Antecedents Forms. If a suspect is charged or informed that the case will
proceed by summons the IIC should ensure that the NPAO1 Notification of Proceedings to the Police
form and an Antecedents form GS033 are completed. Investigators are also reminded that they must
ensure that the detainee has provided fingerprint and DNA samples and had their photograph taken.
Returning from Bail. If a suspect is released on police bail then advice should be sought from the CLT
on potential charges, before they answer their bail. In addition it is often useful for IIC to telephone
the relevant custody suite the day before to ensure that the correct arrangements are in place for the
suspect to answer bail. On answering bail detainees will be taken back into custody and as such the
provisions of these P&S apply.
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Change Control
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I Final
1.0
Ray Pratt
Michael F Matthews
May 2012
Internal
Security
Ray Pratt
May 2012
Distribution List
All Royal Mail Security via Security Sharepoint
vi
May 2012
Documentation History
VA
Final
May 2012
May 2012
Document Change History
vi
Document Produced
Glossary
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PACE Police and Criminal Evidence Act 1984
PACE(NI) Police and Criminal Evidence Order (Northern Ireland) 1989
CoP Codes of Practice
P&S Procedures and Standards
RMG Ltd Royal Mail Group Ltd
1c Investigator In the Case
RMS Royal Mail Security
PNC Police National Computer
CLT
CPS
Document Summary
If you have any queries please contact:
Mick F Matthews
Royal Mail Security
6A Eccleston St
LONDON
swiw SLT
Postline:
STD:
E mail
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