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$ Ireland
Ofitee
Police and Criminal Evidence (Northern Ireland) Order 1989
(Article 60, 60A and 65)
Codes of Practice
2007 Edition
Effective 1 March 2007
Belfast: The Stationery Office Limited
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reproduction should be made in writing to the Co} sty's Stationery Office,
Printed in the UK for The Stationery Office Limited
03/07 PC1823
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Contents
A. Code of Practice for the exercise by police officers of
statutory powers of stop and search
General 3
1. Principles governing stop and search 3
2. Explanation of powers to stop and search 5
Searches requiring reasonable grounds for suspicion 5
Searches authorised under Article 23B of the Public Order (Northern Ireland)
Order 1987 8
Powers to require removal of face coverings 8
Searches authorised under section 44 of the Terrorism Act 2000 9
Powers to search in the exercise of a power to search premises 1
3. Conduct of searches 1
Steps to be taken prior to a search 13
4. Recording requirements 14
Notes for Guidance 16
Officers exercising stop and search powers 16
Authorising officers 18
Recording 19
ANNEX A - Summary of Main Stop and Search Powers 21
B. Code of practice for searches of premises by police
officers and the seizure of property found by police
officers on persons or premises
1. Introduction 27
2. General 28
Notes for guidance 30
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3. Search warrants and production orders 31
(a) Before making an application 31
(b) Making an application 33
Notes for guidance 34
4. Entry without warrant - particular powers 35
(a) Making an arrest etc 35
(b) Search of premises where arrest takes place or the arrested person was
immediately before arrest. 35
(c) Search of premises occupied or controlled by the arrested person 35
5. Search with consent 35
Notes for guidance 36
6. Searching Premises —- General Conditions 37
(a) Time of Searches 37
(b) Entry other than with consent 37
(c) Notice of Powers and Rights 38
(d) Conduct of searches 39
(e) Leaving Premises 40
(f) Searches under PACE Schedule 1 or the Terrorism Act 2000, Schedule 5 40
Notes for guidance 41
7. Seizure and retention of property 42
(a) Seizure 42
(b) Criminal Justice and Police Act 2001: Specific Procedures for Seize and
Sift powers 43
(c) Retention 45
(d) Rights of owners etc 46
Notes for guidance 46
8. Action after searches 47
9. Search registers 49
Notes for guidance 49
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Code of Practice for the Detention, Treatment and
Questioning of Persons by Police Officers
General 53
Notes for guidance 56
Custody Records 58
Note for guidance 60
Initial action 60
(a) Detained persons - normal procedure 60
(b) Detained persons - special groups 63
(c) Persons attending a police station voluntarily 64
(d) Documentation 65
(e) Persons answering street bail 65
Notes for guidance 65
Detainee’s property 66
(a) Action 66
(b) Documentation 67
Notes for guidance 68
Right not to be held incommunicado 68
(a) Action 68
(b) Documentation 69
Notes for guidance 69
Right to legal advice 70
(a) Action 70
(b) Documentation 73
Notes for guidance 74
Citizens of independent Commonwealth countries or foreign nationals 76
(a) Action 76
(b) Documentation 76
Note for guidance 76
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8. Conditions of detention
(a) Action
(b) Documentation
Notes for Guidance
9. Care and treatment of detained persons
(a) General
(b) Clinical treatment and attention
(c) Documentation
Notes for Guidance
10. Cautions
(a) When a caution must be given
(b) Terms of the cautions
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78
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79
81
82
83
83
84
(c) Special warnings under the Criminal Evidence (Northern Ireland) Order
1988, Articles 5 and 6.
85
(d) Juveniles and persons who are mentally disordered or otherwise mentally
vulnerable
(e) Documentation
Notes for guidance
11. Interviews — general
(a) Action
(b) Interview records
86
86
87
88
88
90
(c) Juveniles and mentally disordered or otherwise mentally vulnerable
people.
(d) Vulnerable suspects - urgent interviews at police stations
Notes for guidance
12. Interviews in police stations
(a) Action
(b) Documentation
Notes for guidance
91
92
92
93
93
95
96
13. Interpreters
(a) General
(b) Foreign languages
(c) Deaf people and people with speech difficulties
(d) Additional rules for detained persons
(e) Documentation
14. Questioning - special restrictions
Note for guidance
15. Reviews and extensions of detention
(a) Telephone review of detention
(b) Documentation
Notes for guidance
16. Charging detained persons
(a) Action
(b) Documentation
Notes for Guidance
ANNEX A - Intimate and Strip Searches
A_ Intimate search
(a) Action
(b) Documentation
B_ Strip search
(a) Action
The conduct of strip searches
(b) Documentation
Notes for Guidance
ANNEX B - Delay in Notifying Arrest or Allowing Access to Legal Advice
(a) Documentation
(b) Cautions and special warnings
Notes for guidance
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96
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98
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99
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102
103
104
104
107
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108
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110
110
110
111
112
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114
115
115
115
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ANNEX C - Restriction on Drawing Adverse Inferences from Silence and
Terms of the Caution when the Restriction Applies
(a) The restriction on drawing adverse inferences from silence
(b) Terms of the caution when the restriction applies
Notes for guidance
ANNEX D — Written Statements Under Caution
(a) Written by a person under caution
(b) Written by a police officer or other police staff
ANNEX E- Summary of Provisions Relating to Mentally Disordered and
Otherwise Mentally Vulnerable People
Notes for guidance
ANNEX F - Countries with which Bilateral Consular Conventions or
Agreements Requiring Notification of the Arrest and Detention
of their Nationals are in force as at 1 April 2003
ANNEX G - Fitness to be Interviewed
ANNEX H - Detained Person: Observation List
ANNEX K — X-Rays and Ultrasound Scans
(a) Action
(b) Documentation
Notes for guidance
D. Code of Practice for the Identification of Persons
by Police Officers
1. Introduction
2. General
Notes for guidance
3. Identification by Witnesses
(a) Cases when the suspect's identity is not known
(b) Cases when the suspect is known and available
Video identification
Identification parade
Group identification
117
117
118
118
120
120
121
124
126
128
129
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137
138
142
143
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145
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Arranging identification procedures 146
Circumstances in which an identification procedure must be held 146
Selecting an identification procedure 147
Notice to suspect 148
(c) Cases when the suspect is known but not available 150
(d) Documentation 151
(e) Showing films and photographs of incidents and information
released to the media. 151
(f) Destruction and retention of photographs taken or used
in identification procedures 152
Notes for Guidance 153
Identification by fingerprints and footwear impressions. 154
(A) Taking fingerprints in connection with a criminal investigation 154
(a) General 154
(b) Action 154
(c) Documentation 156
(B) Taking fingerprints in connection with immigration enquiries 156
(a) Action 156
(C) Taking footwear impressions in connection with a criminal investigation 158
(a) Action 158
(b) Documentation 159
Notes for guidance 159
Examinations to establish identity and the taking of photographs 160
(A) Detainees at police stations 160
(a) Searching or examination of detainees at police stations 160
(b) Photographing detainees at police stations and other persons
elsewhere than at a police station. 162
(c)_ Information to be given 163
(d) Documentation 163
(B) Persons at police stations not detained 164
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Notes for guidance
6. Identification by body samples and impressions
(A) General
(B) Action
(a) Intimate samples
(b) Non-intimate samples
(c) Documentation
Notes for guidance
ANNEX A - Video Identification
(a) General
(b) Conducting the video identification
(c) Image security and destruction
(d) Documentation
ANNEX B - Identification Parades
(a) General
(b
(
c) Conduct of the identification parade
)
) Identification parades involving prison inmates
(d) Documentation
ANNEX C - Group Identification
(a) General
(b) Identification with the consent of the suspect
Moving group
Stationary groups
All cases
(c) Identification without the suspect’s consent
(d) Identifications in police stations
(e) Identifications involving prison inmates
(f) Documentation
ANNEX D - Confrontation by a Witness
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167
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169
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185
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ANNEX E - Showing Photographs 189
(a) Action 189
(b) Documentation 190
ANNEX F - Fingerprints, Footwear Impressions and Samples — Destruction
and Speculative Searches. 191
(a) Fingerprints, Footwear Impressions and samples taken in
connection with a criminal investigation. 191
(b) Fingerprints taken in connection with Immigration service enquiries. 192
Notes for Guidance 193
E. Code of Practice on Audio Recording of Interviews
with Suspects
1. General 199
2. Recording and sealing master recordings 200
Notes for Guidance 201
3. Interviews to be audio recorded 201
Notes for Guidance 203
4. The Interview 203
(a) General 203
(b) Commencement of interview 203
(c) Interviews with deaf persons 204
(d) Objections and complaints by the suspect 204
(e) Changing recording media 205
(f) Taking a break during interview 205
(g) Failure of recording equipment 206
(h) Removing recording media from the recorder 206
(i) Conclusion of Interview 206
Notes for Guidance 207
5. After the interview 208
Notes for Guidance 209
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6. Media security 210
Notes for Guidance 211
F. Code of Practice on Visual Recording with Sound
of Interviews with Suspects
1. General 215
Note for Guidance 215
2. Recording and sealing of master tapes 215
Notes for Guidance 216
3. Interviews to be visually recorded 217
Notes for Guidance 218
4. The Interview 219
(a) General 219
(b) Commencement of interviews 220
(c) Interviews with the deaf 220
(d) Objections and complaints by the suspect 221
(e) Changing the recording media 221
(f) Taking a break during the interview 222
(g) Failure of recording equipment 222
(h) Removing used recording media from recording equipment 223
(i) Conclusion of interview 223
Notes for Guidance 223
5. After the Interview 224
Notes for Guidance 225
6. Master Copy Security 226
(a) General 226
(b) Breaking master copy seal for criminal proceedings 227
(c) Breaking master copy seal: other cases 227
(d) Documentation 228
Notes for Guidance 228
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Code of Practice for the Statutory Power of Arrest
by Police Officers
Introduction 231
Elements of Arrest under Article 26 of the PACE (NI) Order 1989 231
‘Involvement in the commission of an offence’ 232
Necessity criteria 232
Information to be given on Arrest 234
(a) Cautions - when a caution must be given (taken from Code C
Section 10) 234
(b) Terms of the caution (taken from Code C Section 10) 235
Records of Arrest 236
(a) General 236
(b) Interviews and arrests 236
Notes for guidance 237
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Office
Code of
Practice A
Code of Practice tor the exercise by police officers of statutory
powers of stop and'search
Commencement '- Transitional Arrangements
This cade applies to any search by ja police officer which Commences after midnight
Oni23 February 2007,
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General
This code of practice must be readily available at all police stations for consultation
by police officers, detained persons and members of the public.
The notes for guidance included are not provisions of this code, but are guidance to yAN
police officers and others about its application and interpretation. Provisions in the
annexes to the code are provisions of this code.
This code governs the exercise by police officers of statutory powers to search a
person or a vehicle without first making an arrest. The main stop and search powers
to which this code applies are set out in Annex A, but that list should not be regarded
as definitive. See Note 1.
This code does not apply to;
(a) the powers of stop and search under:
(i) Aviation Security Act 1982, section 27(2);
(ii) Police and Criminal Evidence (Northern Ireland) Order 1989 Article 8(1)
(which relates specifically to powers of constables employed by statutory
undertakers on the premises of the statutory undertakers);
(iii) section 85,95 and 116 of and Schedule 10 to the Terrorism Act 2000.
(b) searches carried out for the purposes of examination under Schedule 7 to the
Terrorism Act 2000 and to which the Code of Practice issued under paragraph 6 of
Schedule 14 to the Terrorism Act 2000 applies.
1. Principles governing stop and search
1.1 Powers to stop and search must be used fairly, responsibly, with respect for
people being searched and without discrimination on the grounds of religious
belief or political opinion, racial group, age, marital status, sexual orientation,
gender, or disability. The selection of persons stopped under section 44 of the
Terrorism Act 2000 should reflect an objective assessment of the threat posed
by the various terrorist groups active in the United Kingdom. The powers must
not be used to stop and search for reasons unconnected with terrorism.
Officers must take particular care not to discriminate against members of
particular groups in the exercise of these powers. There may be circumstances,
1.2
1.3
1.4
1.5
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however, where it is appropriate for officers to take account of a person’s
ethnic origin in selecting persons to be stopped in response to a specific
terrorist threat or intelligence, for example, some international terrorist groups
are associated with particular ethnic identities. See Notes 12 and 13.
The intrusion on the liberty of the person stopped or searched must be brief
and detention for the purpose of search must take place at or near the location
of the stop.
If these fundamental principles are not observed the use of powers to stop and
search may be drawn into question. Failure to use the powers in the proper
manner reduces their effectiveness. Stop and search can play an important role
in the detection and prevention of crime, and using the powers fairly makes
them more effective.
The primary purpose of stop and search powers is to enable officers to allay or
confirm suspicions about individuals without exercising their power of arrest.
Officers may be required to justify the use or authorisation of such powers, in
relation both to individual searches and the overall pattern of their activity in
this regard, to their supervisory officers or in court. Any misuse of the powers
is likely to be harmful to policing and lead to mistrust of the police. Officers
must also be able to explain their actions to the member of the public
searched. The misuse of these powers can lead to disciplinary action.
An officer must not search a person, even with his or her consent, where no
power to search is applicable. Even where a person is prepared to submit to a
search voluntarily, the person must not be searched unless the necessary legal
power exists, and the search must be in accordance with the relevant power
and the provisions of this Code. The only exception, where an officer does not
require a specific power, applies to searches of persons entering sports grounds
or venues or other premises carried out with their consent given as a condition
of entry.
Designated persons must have regard to any relevant provisions of the Codes
of Practice
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2. Explanation of powers to stop and search
2.1. This code applies to powers of stop and search as follows:
(a) powers which require reasonable grounds for suspicion, before they may be
exercised; that articles unlawfully obtained or possessed are being carried, yAN
or under Section 43 of the Terrorism Act 2000 that a person is a terrorist;
(b) authorised under Article 23B of the Public Order (Northern Ireland) Order
1987, based upon a reasonable belief that incidents involving serious
violence may take place or that people are carrying dangerous instruments
or offensive weapons within any locality in the police area;
(c) authorised under section 44(1) and (2) of the Terrorism Act 2000 based
upon a consideration that the exercise of one or both powers is expedient
for the prevention of acts of terrorism;
(d) powers to search a person who has not been arrested in the exercise of a
power to search premises (see Code B paragraph 2.4).
Searches requiring reasonable grounds for suspicion
2.2 Reasonable grounds for suspicion depend on the circumstances in each case.
There must be an objective basis for that suspicion based on facts, information,
and/or intelligence which are relevant to the likelihood of finding an article of
a certain kind or, in the case of searches under section 43 of the Terrorism Act
2000, to the likelihood that the person is a terrorist. Reasonable suspicion can
never be supported on the basis of personal factors alone without reliable
supporting intelligence or information or some specific behaviour by the person
concerned. For example, a person’s race, age, appearance, or the fact that the
person is known to have a previous conviction, cannot be used alone or in
combination with each other as the reason for searching that person. Reasonable
suspicion cannot be based on generalisations or stereotypical images of certain
groups or categories of people as more likely to be involved in criminal activity.
A person’s religion cannot be considered as reasonable grounds for suspicion and
should never be considered as a reason to stop or stop and search an individual.
2.3 Reasonable suspicion can sometimes exist without specific information or
intelligence and on the basis of some level of generalisation stemming from
the behaviour of a person. For example, if an officer encounters someone on
w
6
2.4
2.5
2.6
2.7
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the street at night who is obviously trying to hide something, the officer may
(depending on the other surrounding circumstances) base such suspicion on
the fact that this kind of behaviour is often linked to stolen or prohibited
articles being carried. Similarly, for the purposes of section 43 of the Terrorism
Act 2000, suspicion that a person is a terrorist may arise from the person's
behaviour at or near a location which has been identified as a potential target
for terrorists.
However, reasonable suspicion should normally be linked to accurate and
current intelligence or information, such as information describing an article
being carried, a suspected offender, or a person who has been seen carrying a
type of article known to have been stolen recently from premises in the area.
Searches based on accurate and current intelligence or information are more
likely to be effective. Targeting searches in a particular area at specified crime
problems increases their effectiveness and minimises inconvenience to law-
abiding members of the public. It also helps in justifying the use of searches
both to those who are searched and to the general public. This does not
however prevent stop and search powers being exercised in other locations
where such powers may be exercised and reasonable suspicion exists.
Searches are more likely to be effective, legitimate, and secure public
confidence when reasonable suspicion is based on a range of factors. The
overall use of these powers is more likely to be effective when up to date and
accurate intelligence or information is communicated to officers and they are
well-informed about local crime patterns.
Where there is reliable information or intelligence that members of a group or
gang habitually carry knives unlawfully or weapons or controlled drugs, and
wear a distinctive item of clothing or other means of identification to indicate
their membership of the group or gang, that distinctive item of clothing or
other means of identification may provide reasonable grounds to stop and
search a person. See Note 9.
A police officer may have reasonable grounds to suspect that a person is in
innocent possession of a stolen or prohibited article or other item for which he
or she is empowered to search. In that case the officer may stop and search
the person even though there would be no power of arrest.
2.8
2.9
2.10
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Under section 43(1) of the Terrorism Act 2000 a constable may stop and
search a person whom the officer reasonably suspects to be a terrorist to
discover whether the person is in possession of anything which may constitute
evidence that the person is a terrorist. These searches may only be carried out
by an officer of the same sex as the person searched. A
An officer who has reasonable grounds for suspicion may detain the person
concerned in order to carry out a search. Before carrying out a search the
officer may ask questions about the person’s behaviour or presence in
circumstances which gave rise to the suspicion. As a result of questioning the
detained person, the reasonable grounds for suspicion necessary to detain that
person may be confirmed or, because of a satisfactory explanation, be
eliminated. (See Notes 2 and 3) Questioning may also reveal reasonable
grounds to suspect the possession of a different kind of unlawful article from
that originally suspected. Reasonable grounds for suspicion however cannot
be provided retrospectively by such questioning during a person’s detention or
by refusal to answer any questions put.
If, as a result of questioning before a search, or other circumstances which
come to the attention of the officer, there cease to be reasonable grounds for
suspecting that an article is being carried of a kind for which there is a power
to stop and search, no search may take place. (See Note 3) In the absence of
any other lawful power to detain, the person is free to leave at will and must
be so informed.
There is no power to stop or detain a person in order to find grounds for a
search. Police officers have many encounters with members of the public
which do not involve detaining people against their will. If reasonable grounds
for suspicion emerge during such an encounter, the officer may search the
person, even though no grounds existed when the encounter began. If an
officer is detaining someone for the purpose of a search, he or she should
inform the person as soon as detention begins.
A
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Searches authorised under Article 23B of the Public Order
(Northern Ireland) Order 1987
2.12
2.13
Authority for a constable in uniform to stop and search under Article 23B of
the Public Order (Northern Ireland) Order 1987 may be given if the
authorising officer reasonably believes:-
(a) that incidents involving serious violence may take place in any locality in
the officer's police area, and it is expedient to use these powers to prevent
their occurrence, or
(b) that persons are carrying dangerous instruments or offensive weapons
without good reason in any locality in the officer’s police area.
An authorisation under Article 23B of the Public Order (Northern Ireland)
Order 1987 may only be given by an officer of the rank of inspector or above,
in writing, specifying the grounds on which it was given, the locality in which
the powers may be exercised and the period of time for which they are in
force. The period authorised shall be no longer than appears reasonably
necessary to prevent, or seek to prevent incidents of serious violence, or to
deal with the problem of carrying dangerous instruments or offensive
weapons. It may not exceed 24 hours. See Notes 10-13.
If an inspector gives an authorisation, he or she must, as soon as practicable,
inform an officer of or above the rank of superintendent. This officer may
direct that the authorisation shall be extended for a further 24 hours, if
violence or the carrying of dangerous instruments or offensive weapons has
occurred, or is suspected to have occurred, and the continued use of the
powers is considered necessary to prevent or deal with further such activity.
That direction must also be given in writing at the time or as soon as
practicable afterwards. See Note 12.
Powers to require removal of face coverings
2.15
Article 23A of the Public Order (Northern Ireland) Order 1987 also provides a
power to demand the removal of disguises. The officer exercising the power
must reasonably believe that someone is wearing an item wholly or mainly for
the purpose of concealing identity. There is also a power to seize such items
where the officer believes that a person intends to wear them for this purpose.
There is no power to stop and search for disguises. An officer may seize any
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such item which is discovered when exercising a power of search for
something else, or which is being carried, and which the officer reasonably
believes is intended to be used for concealing anyone's identity. This power
can only be used if an authorisation under Article 23A or an authorisation
under 23B of the Public Order (NI) Order 1987 is in force. A
2.16 Authority for a constable in uniform to require the removal of disguises and to
seize them under Article 23A of the Public Order (Northern Ireland) Order
1987 may be given if the authorising officer reasonably believes that activities
may take place in any locality in the officer’s police area that are likely to
involve the commission of offences and it is expedient to use these powers to
prevent or control these activities.
2.17 An authorisation under Article 23A of the Public Order (Northern Ireland)
Order 1987 may only be given by an officer of the rank of inspector or above,
in writing, specifying the grounds on which it was given, the locality in which
the powers may be exercised and the period of time for which they are in
force. The period authorised shall be no longer than appears reasonably
necessary to prevent, or seek to prevent the commission of offences. It may
not exceed 24 hours. See Notes 10-13.
2.18 If an inspector gives an authorisation, he or she must, as soon as practicable,
inform an officer of or above the rank of superintendent. This officer may
direct that the authorisation shall be extended for a further 24 hours, if crimes
have been committed, or are suspected to have been committed, and the
continued use of the powers is considered necessary to prevent or deal with
further such activity. This direction must also be given in writing at the time or
as soon as practicable afterwards. See Note 12.
Searches authorised under section 44 of the
Terrorism Act 2000
2.19 An officer of the rank of assistant chief constable (or equivalent) or above, may
give authority for the following powers of stop and search under section 44 of
the Terrorism Act 2000 to be exercised in the whole or part of his or her police
area if the officer considers it is expedient for the prevention of acts of terrorism:-
(a) under section 44(1) of the Terrorism Act 2000, to give a constable in
uniform power to stop and search any vehicle, its driver, any passenger in
2.20
2.21
2.22
2.23
2.24
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the vehicle and anything in or on the vehicle or carried by the driver or
any passenger; and
(b) under section 44(2) of the Terrorism Act 2000, to give a constable in
uniform power to stop and search any pedestrian and anything carried by
the pedestrian. An authorisation under section 44(1) may be combined
with one under section 44(2).
If an authorisation is given orally at first, it must be confirmed in writing by the
officer who gave it as soon as reasonably practicable.
When giving an authorisation, the officer must specify the geographical area in
which the power may be used, and the time and date that the authorisation
ends (up to a maximum of 28 days from the time the authorisation was given).
See Notes 12 and 13.
The officer giving an authorisation under section 44(1) or (2) must cause the
Secretary of State to be informed, as soon as reasonably practicable, that such
an authorisation has been given. An authorisation which is not confirmed by
the Secretary of State within 48 hours of its having been given, shall have
effect up until the end of that 48 hour period or the end of the period specified
in the authorisation (whichever is the earlier). See Note 14.
Following notification of the authorisation, the Secretary of State may:
(i) cancel the authorisation with immediate effect or with effect from such
other time as he or she may direct;
(ii) confirm it but for a shorter period than that specified in the authorisation; or
(iii) confirm the authorisation as given.
When an authorisation under section 44 is given, a constable in uniform may
exercise the powers:-
(a) only for the purpose of searching for articles of a kind which could be
used in connection with terrorism (see paragraph 1.1);
(b) whether or not there are any grounds for suspecting the presence of such
articles.
2.25
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The powers under sections 43 and 44 of the Terrorism Act 2000 allow a
constable to search only for articles which could be used for terrorist purposes.
However, this would not prevent a search being carried out under other
powers if, in the course of exercising these powers, the officer formed
reasonable grounds for suspicion. A
Powers to search in the exercise of a power to search premises
2.26
2.27
2.28
3.1
The following powers to search premises also authorise the search of a person,
not under arrest, who is found on the premises during the course of the search:
(a) section 139B of the Criminal Justice Act 1988 under which a constable
may enter school premises and search the premises and any person on
those premises for any bladed or pointed article or offensive weapon; and
(b) under a warrant issued under section 23(3) of the Misuse of Drugs Act
1971 to search premises for drugs or documents but only if the warrant
specifically authorises the search of persons found on the premises.
Before the power under section 139B of the Criminal Justice Act 1988 may be
exercised, the constable must have reasonable grounds to believe that an
offence under section 139A of the Criminal Justice Act 1988 (having a bladed
or pointed article or offensive weapon on school premises) has been or is
being committed. A warrant to search premises and persons found therein may
be issued under section 23(3) of the Misuse of Drugs Act 1971 if there are
reasonable grounds to suspect that controlled drugs or certain documents are
in the possession of a person on the premises.
The powers in paragraph 2.26(a) or (b) do not require prior specific grounds to
suspect that the person to be searched is in possession of an item for which
there is an existing power to search. However, it is still necessary to ensure
that the selection and treatment of those searched under these powers is based
upon objective factors connected with the search of the premises, and not
upon personal prejudice.
Conduct of searches
All stops and searches must be carried out with courtesy, consideration and
respect for the person concerned. This has a significant impact on public
3.2
3.3
3.4
3.5
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confidence in the police. Every reasonable effort must be made to minimise
the embarrassment that a person being searched may experience. See Note 4.
The co-operation of the person to be searched must be sought in every case,
even if the person initially objects to the search. A forcible search may be
made only if it has been established that the person is unwilling to co-operate
or resists. Reasonable force may be used as a last resort if necessary to
conduct a search or to detain a person or vehicle for the purposes of a search.
The length of time for which a person or vehicle may be detained must be
reasonable and kept to a minimum. Where the exercise of the power requires
reasonable suspicion, the thoroughness and extent of a search must depend on
what is suspected of being carried, and by whom. If the suspicion relates to a
particular article which is seen to be slipped into a person’s pocket, then, in
the absence of other grounds for suspicion or an opportunity for the article to
be moved elsewhere, the search must be confined to that pocket. In the case
of a small article which can readily be concealed, such as a drug, and which
might be concealed anywhere on the person, a more extensive search may be
necessary. In the case of searches mentioned in paragraph 2.1(b), (c), and (d),
which do not require reasonable grounds for suspicion, officers may make any
reasonable search to look for items for which they are empowered to search.
See Note 5.
The search must be carried out at or nearby the place where the person or
vehicle was first detained. See Note 6.
There is no power to require a person to remove any clothing in public other
than an outer coat, jacket, headgear or gloves except under section 45(3) of
the Terrorism Act 2000 (which empowers a constable conducting a search
under section 44(1) or 44(2) of that Act to require a person to also remove
footwear in public) and under Article 23A of the Public Order (Northern
Ireland) Order 1987 (which empowers a constable to require a person to
remove any item worn to conceal identity). (See Notes 4 and 6). A search in
public of a person’s clothing which has not been removed must be restricted
to superficial examination of outer garments. This does not, however, prevent
an officer from placing his or her hand inside the pockets of the outer
clothing, or feeling round the inside of collars, socks and shoes if this is
reasonably necessary in the circumstances to look for the object of the search
or to remove and examine any item reasonably suspected to be the object of
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3.7
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the search. For the same reasons, a person’s hair may also be searched in
public (see paragraphs 3.1 and 3.3).
Where on reasonable grounds it is considered necessary to conduct a more
thorough search (e.g. by requiring a person to take off a T-shirt), this must be
done out of public view, for example, in a police van unless paragraph 3.7 A
applies, or a police station if there is one nearby. (See Note 6). Any search
involving the removal of more than an outer coat, jacket, gloves, headgear or,
where the search is under section 45(3) of the Terrorism Act 2000, footwear, or
any other item concealing identity, may only be made by an officer of the
same sex as the person searched and may not be made in the presence of
anyone of the opposite sex unless the person being searched specifically
requests it. See Notes 4,7 & 8.
Searches involving exposure of intimate parts of the body must not be
conducted as a routine extension of a less thorough search, simply because
nothing is found in the course of the initial search. Searches involving
exposure of intimate parts of the body may be carried out only at a nearby
police station or other nearby location which is out of public view (but not a
police vehicle). These searches must be conducted in accordance with
paragraph 11 of Annex A to Code C except that an intimate search mentioned
in paragraph 11(f) of Annex A to Code C may not be authorised or carried out
under any stop and search powers. The other provisions of Code C do not
apply to the conduct and recording of searches of persons detained at police
stations in the exercise of stop and search powers. See Note 7.
Steps to be taken prior to a search
3.8
Before any search of a detained person or attended vehicle takes place the
officer must take reasonable steps to give the person to be searched or in
charge of the vehicle the following information:
(a) that they are being detained for the purposes of a search
(b) the officer’s name (except in the case of enquiries linked to the investigation
of terrorism, or otherwise where the officer reasonably believes that giving
his or her name might put him or her in danger, in which case they shall
give their police service number) and the name of their police station;
(c)_ the legal search power which is being exercised; and
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(d) a clear explanation of:-
(i) the purpose of the search in terms of the article or articles for which
there is a power to search; and
(ii) in the case of powers requiring reasonable suspicion (see paragraph
2.1(a)), the grounds for that suspicion; or
(iii) in the case of powers which do not require reasonable suspicion (see
paragraph 2.1(b), and (c)), the nature of the power and of any
necessary authorisation and the fact that it has been given.
Officers not in uniform must show their warrant cards. Stops and searches
under the powers mentioned in paragraphs 2.1(b), and (c) may be undertaken
only by a constable in uniform.
Before the search takes place the officer must inform the person (or the owner
or person in charge of the vehicle that is to be searched) of his or her
entitlement to a copy of the record of the search, including his entitlement to a
record of the search if an application is made within 12 months, if it is wholly
impracticable to make a record at the time. If a record is not made at the time
the person should also be told how a copy can be obtained (see section 4).
If the person to be searched, or in charge of a vehicle to be searched, does not
appear to understand what is being said, the officer must take reasonable steps
to bring the information in paragraphs 3.8 to 3.10 to his or her attention. If the
person is deaf or cannot understand English and is accompanied by someone,
then the officer must try to establish whether that person can interpret or
otherwise help the officer to give the required information.
Recording requirements
An officer who has carried out a search must make a written record unless it is
not practicable to do so, on account of the numbers to be searched or for
some other operational reason, such as situations involving public disorder.
The record must be completed as soon as practicable, preferably on the spot,
unless circumstances (e.g. other immediate duties or very bad weather) make
this impracticable. See Note 18.
A copy of a record made at the time must be given immediately to the person
who has been searched. The officer must ask for the name, address and date of
4.3
4.4
4.5
4.6
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birth of the person searched, but there is no obligation on a person to provide
these details and no power of detention if the person is unwilling to do so.
The following information must always be included in the record of a search
even if the person does not wish to provide any personal details: A
(i) the name of the person searched, or (if it is withheld) a description;
(ii) when a vehicle is searched, its registration number; See Note 16.
(iii) the date, time, and place that the person or vehicle was first detained;
(iv) the date, time and place the person or vehicle was searched (if different
from (iii);
(v)_ the purpose of the search;
(vi) the grounds for making it, or in the case of those searches mentioned in
paragraph 2.1(b) and (c), the nature of the power and of any necessary
authorisation and the fact that it has been given; See Note 17.
(vii) its outcome (e.g. arrest or no further action);
(viii) a note of any injury or damage to property resulting from it;
(ix) subject to paragraph 3.8 (b), the identity of the officer making the search.
See Note 15.
Nothing in paragraph 4.3 (ix) requires the names of police officers to be
shown on the search record or any other record required to be made under
this code in the case of enquiries linked to the investigation of terrorism or
otherwise where an officer reasonably believes that recording names might
endanger the officers. In such cases the record must show the officer's
identification number and the name of their police station.
A record is required for each person and each vehicle searched. However, if a
person is in a vehicle and both are searched, and the object and grounds of
the search are the same, only one record need be completed.
The record of the grounds for making a search must, briefly but informatively,
explain the reason for suspecting the person concerned, by reference to the
person’s behaviour and/or other circumstances.
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4.7
4.8
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Where officers detain an individual with a view to performing a search, but
the search is not carried out due to the grounds for suspicion being eliminated
as a result of questioning the person detained, a record must still be made in
accordance with the procedure outlined above.
After searching an unattended vehicle, or anything in or on it, an officer must
leave a notice in it (or on it, if things on it have been searched without
opening it) recording the fact that it has been searched.
The notice must include the name of the police station to which the officer
concerned is attached and state where a copy of the record of the search may
be obtained and where any application for compensation should be directed.
4.10 The vehicle must if practicable be left secure.
Notes for Guidance
Officers exercising stop and search powers
1.
This code does not affect the ability of an officer to speak to or question a person
in the ordinary course of the officer’s duties without detaining the person or
exercising any element of compulsion. It is not the purpose of the code to
prohibit such encounters between the police and the community with the co-
operation of the person concerned and neither does it affect the principle that
all citizens have a duty to help police officers to prevent crime and discover
offenders. When a police officer is trying to discover whether, or by whom, an
offence has been committed he or she may question any person from whom
useful information might be obtained, subject to the restrictions imposed by
Code C. A person's unwillingness to reply does not alter this entitlement, but
in the absence of a power to arrest, or to detain in order to search, the person
is free to leave at will and cannot be compelled to remain with the officer.
In some circumstances preparatory questioning may be unnecessary, but in
general a brief conversation or exchange will be desirable not only as a means
of avoiding unsuccessful searches, but to explain the grounds for the stop/search,
to gain co-operation and reduce any tension there might be surrounding the
stop/search.
Where a person is lawfully detained for the purpose of a search, but no search
in the event takes place, the detention will not thereby have been rendered
unlawful.
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Many people customarily cover their heads or faces for religious reasons.
Where there may be religious sensitivities about ordering the removal of such
an item, the officer should permit the item to be removed out of public view.
Where practicable, the item should be removed in the presence of an officer
of the same sex as the person and out of sight of anyone of the opposite sex. A
A search of a person in public should be completed as soon as possible.
A person may be detained under a stop and search power at a place other
than where the person was first detained, only if that place, be it a police
station or elsewhere, is nearby. In paragraph 3.4 and 3.6 the term ‘nearby’
means close at hand to the place where the person or vehicle was stopped. In
the case of a person, for example, this could be a shop doorway or other
similar place of shelter, or a closed police van at the scene. It does not mean
that a person or vehicle should be taken from the scene to a police station for
the search to take place.
Such a place should be located within a reasonable travelling distance using
whatever mode of travel (on foot or by car) is appropriate. This applies to all
searches under stop and search powers, whether or not they involve the
removal of clothing or exposure of intimate parts of the body (see paragraphs
3.6 and 3.7) or take place in or out of public view. It means, for example, that
a search under the stop and search power in section 23 of the Misuse of Drugs
Act 1971 which involves the compulsory removal of more than a person’s
outer coat, jacket, or gloves cannot be carried out unless a place which is both
nearby the place they were first detained and out of public view, is available.
If a search involves exposure of intimate parts of the body and a police station
is not nearby, particular care must be taken to ensure that the location is
suitable in that it enables the search to be conducted in accordance with the
requirements of paragraph 11 of Annex A to Code C.
A search in the street itself should be regarded as being in public view for the
purposes of paragraphs 3.6 and 3.7 above, even though it may be empty at the
time a search begins. Although there is no power to require a person to do so,
there is nothing to prevent an officer from asking a person voluntarily to remove
more than an outer coat, jacket, gloves or headgear (and footwear under
section 45(3) of the Terrorism Act 2000) in public.
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8. Where there may be religious sensitivities about asking someone to remove
headgear, the police officer should offer to carry out the search out of public
view (for example, in a police van or police station if there is one nearby).
A 9. Other means of identification might include jewellery, insignias, tattoos or other
features which are known to identify members of a particular gang or group.
Authorising officers
10. The powers under Article 23B of the Public Order (Northern Ireland) Order
1987 are separate from and additional to the normal stop and search powers
which require reasonable grounds to suspect an individual of carrying an
offensive weapon (or other article). Their overall purpose is to prevent serious
violence and the widespread carrying of weapons which might lead to persons
being seriously injured by disarming potential offenders in circumstances
where other powers would not be sufficient. They should not therefore be used
to replace or circumvent the normal powers for dealing with routine crime
problems. The purpose of the powers under Article 23A of the Public Order
(Northern Ireland) Order 1987 is to prevent those involved in intimidatory or
violent protests using face coverings to disguise identity.
11. — Authorisations under Article 23B of the Public Order (Northern Ireland) Order
1987 require a reasonable belief on the part of the authorising officer. This
must have an objective basis, for example: intelligence or relevant information
such as a history of antagonism and violence between particular groups;
previous incidents of violence at, or connected with, particular events or
locations; a significant increase in knife-point robberies in a limited area;
reports that individuals are regularly carrying weapons in a particular locality;
or in the case of Article 23A of the Public Order (Northern Ireland) Order
1987 previous incidents of crimes being committed while wearing face
coverings to conceal identity.
12. It is for the authorising officer to determine the period of time during which
the powers mentioned in paragraph 2.1 (b) and (c) may be exercised. The
officer should set the minimum period he or she considers necessary to deal
with the risk of violence, the carrying of knives or offensive weapons, or
terrorism. A direction to extend the period authorised under the powers
mentioned in paragraph 2.1(b) may be given only once. Thereafter further use
of the powers requires a new authorisation. There is no provision to extend an
13.
14.
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authorisation of the powers mentioned in paragraph 2.1(c); further use of the
powers requires a new authorisation.
It is for the authorising officer to determine the geographical area in which the
use of the powers is to be authorised. In doing so the officer may wish to take
into account factors such as the nature and venue of the anticipated incident, yAN
the number of people who may be in the immediate area of any possible
incident, their access to surrounding areas and the anticipated level of
violence. The officer should not set a geographical area which is wider than
that he or she believes necessary for the purpose of preventing anticipated
violence, the carrying of knives or offensive weapons, acts of terrorism, or, in
the case of Article 23A of the Public Order (Northern Ireland) Order 1987, the
prevention of commission of offences. It is particularly important to ensure
that constables exercising such powers are fully aware of where they may be
used. If the area specified is smaller than the whole force area, the officer
giving the authorisation should specify either the streets which form the
boundary of the area or a divisional boundary within the force area.
An officer who has authorised the use of powers under section 44 of the
Terrorism Act 2000 must take immediate steps to send a copy of the
authorisation to the Chief Constable’s Office who will forward it to the
Secretary of State. The Secretary of State should be informed of the reasons for
the authorisation. The Northern Ireland Office will inform the Chief Constable,
within 48 hours of the authorisation being made, whether the Secretary of
State has confirmed or cancelled or altered the authorisation.
Recording
15.
16.
17.
Where a stop and search is conducted by more than one officer the identity of
all the officers engaged in the search must be recorded on the record. Nothing
prevents an officer who is present but not directly involved in searching from
completing the record during the course of the encounter.
Where a vehicle has not been allocated a registration number (e.g. a rally car
or a trials motorbike) that part of the requirement under 4.3(ii) does not apply.
However, in such cases a description of the vehicle should be given.
It is important for recording purposes to specify whether the authority for
exercising a stop and search power was given under Article 23B of the Public
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Order (Northern Ireland) Order 1987, or under section 44(1) or 44(2) of the
Terrorism Act 2000.
In situations where it is not practicable to provide a written record of the stop
and search at that time, the officer should consider providing the person with
details of the station to which the person may attend for a record. This may
take the form of a simple business card, adding the date of the stop and search.
ACE Codes of Practice
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ANNEX A - Summary of Main Stop and Search Powers
This table relates to stop and search powers only. Individual statutes below may
contain other police powers of entry, search and seizure.
Power
Unlawful articles general
rch
Extent of Search
Where Exercisable
1. Public Stores Act
1875, 56
HM Stores stolen or
unlawfully obtained.
Persons, vehicles and
vessels.
Anywhere where the
constabulary powers.
are exercisable.
2. Firearms (Northern
Ireland) Order 2004
a.53
Firearms
Persons and vehicles
A public place, or
anywhere in the case
of reasonable suspicion
of offences of carrying
firearms with criminal
intent or trespassing,
with firearms
Management Act 1979,
8163
duty has not been
paid;
(b) being unlawfully
removed, imported or
exported;
(c) otherwise liable to
forfeiture to HM
Customs and Excise.
only.
3. Misuse of Drugs Act I Controlled drugs. Persons and vehicles. Anywhere.
1971, 523
4. Customs and Excise Goods: (a) on which Vehicles and vessels Anywhere.
5. Aviation Security Act
1982, s27(1)
Stolen or unlawfully
obtained goods
Airport employees and
vehicles carrying
airport employees or
aircraft or any vehicle
in a cargo area
whether or not carrying
an employee.
Any designated airport.
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A
21
AC
22
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Power
6. Police and Criminal
Evidence (Northern
Ireland) Order 1989,
Article 3.
n
Object of Search
Stolen goods; articles
for use in certain Theft
Act offences; offensive
weapons, including
bladed or sharply-
pointed articles (except
folding pocket knives
with a bladed cutting
edge not exceeding 3
inches); possession of a
firework in
contravention of a
prohibition imposed by
the Explosives
(Fireworks) Regulations
(Northern Ireland)
2002.
Criminal Damage:
articles made, adapted
or intended for use in
destroying or damaging
property.
Extent of Search
Persons and vehicles.
Persons and vehicles.
Where Exe
Where there is public
access.
Where there is public
access.
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7. Police and Criminal
Evidence Act 1984,
s6(3) (by a constable of
the United Kingdom
Atomic Energy Authority
Constabulary in respect
of property owned or
controlled by British
Nuclear Fuels ple
HM Stores (in the form
of goods and chattels
belonging to British
Nuclear Fuels ple).
Persons, vehicles and
vessels.
Anywhere where the
constabulary powers.
are exercisable.
8. Crossbows
(Northern Ireland)
Order 1988, Article 6
Crossbows or parts of
crossbows (except
crossbows with a draw
weight of less than 1.4
kilograms).
Persons and vehicles.
Anywhere except
dwellings.
9. Criminal Justice Act
1988 s139B
Offensive weapons,
bladed or sharply
pointed article.
Persons.
School premises.
Evidence of game and wilt
idlife offences
10. Poaching
Prevention Act 1862, s2
Game or poaching
equipment.
Persons and vehicles.
A public place.
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Power tent of Search Where Exer
11 Game Preservation I Game or equipment for I Persons and vehicles. Anywhere.
Act (Northern Ireland) the destruction or
192,.86. taking of game.
12. Fisheries Act Fish or equipment for Persons and vehicles Anywhere.
(Northern Ireland)
taking fish unlawfully.
including boats.
1966, s178.
13. Wildlife (Northern Evidence of wildlife Persons. Anywhere except
Ireland) Order 1985, offences. buildings.
Article 25.
Other
14. Terrorism Act 2000, I Evidence of liability to Persons. Anywhere.
8.43
arrest under section 14
of the Act.
15. Terrorism Act 2000,
s.44(1)
Articles which could
be used for a purpose
connected with the
commission, preparation
or instigation of acts of
terrorism.
Vehicles, driver and
passengers.
Anywhere within the
area or locality
authorised under
subsection (1).
16. Terrorism Act
2000, s.44(2).
Articles which could
be used for a purpose
connected with the
commission,
preparation or
instigation of acts of
terrorism.
Pedestrians.
Anywhere within the
area of locality
authorised.
17. Paragraphs 7 and 8
of Schedule 7 to the
Terrorism Act 2000.
Anything relevant to
determining if a person
being examined falls
within paragraph
2(1)(a) to (c) of
Schedule 5.
Persons, vehicles,
vessels etc.
Ports and airports.
18. Article 23B of the
Public Order (Northern
Ireland) Order 1987.
Offensive weapons or
dangerous instruments
to prevent incidents of
serious violence or to
deal with the carrying
of such items.
Persons and vehicles.
Anywhere within a
locality authorised
under subsection (1).
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Code of
Practice B
Code of practice for searches of premises by police officers and
the seizure of property found by. police officers on persons or
premises
Commencement '- Transitional Arrangements
This Code appiies to ‘applications for warrants made alter 28 Febru: 007 and to
searches and seizures tak ve lafter midnight on 26 Febfuary 200
This code does not apply to searches undertakenI by virtue! of Ys conferred’ by,
Part Vil of the Terrorism Act 2000.
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1.3
1.3A
1.4
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Introduction
This Code of Practice deals with police powers to:
* search premises
¢ seize and retain property found on premises and persons.
These powers may be used to find:
¢ property and material relating to a crime
* wanted persons
¢ children who abscond from secure accommodation where they have been
remanded or committed by a court.
A lay magistrate may issue a search warrant granting powers of entry, search
and seizure, e.g. warrants to search for stolen property, drugs, firearms and
evidence of serious offences. Police also have powers without a search warrant.
The main ones provided by the Police and Criminal Evidence (NI) Order 1989
(PACE) include powers to search premises:
* to make an arrest
¢ after an arrest.
The right to privacy and respect for personal property are key principles of the
Human Rights Act 1998. The legitimacy and proportionality of powers of entry,
search and seizure should be carefully considered before use. Officers should
consider if the necessary objectives can be met by less intrusive means.
When carrying out searches, police officers should be aware of the need to act
without discrimination on the grounds of religious belief or political opinion,
racial group, age, marital status, sexual orientation, gender, or disability.
In all cases, police should:
* exercise their powers courteously and with respect for persons and
property;
* only use reasonable force when this is considered necessary and
proportionate to the circumstances.
If the provisions of the PACE (NI) Order 1989 and this Code are not observed,
evidence obtained from a search may be open to question.
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2.2
2.3
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General
This Code must be readily available at all police stations for consultation by:
* police officers
* police staff
¢ detained persons
* members of the public
The notes for guidance included are not provisions of this code, but are
guidance to police officers and others about its application and interpretation.
This Code applies to searches of premises:
(a) undertaken for the purposes of an investigation into an alleged offence,
with the occupier’s consent, other than searches made in the following
circumstances:
* routine scenes of crime searches;
* calls to a fire or burglary made by or on behalf of an occupier or
searches following the activation of fire or burglar alarms or discovery
of insecure premises;
¢ searches when paragraph 5.4 applies;
¢ bomb threat calls;
(b) under powers conferred by Articles 19, 20 and 34 of the Police and
Criminal Evidence (Northern Ireland) Order 1989;
(c) undertaken in pursuance of search warrants issued in accordance with
Article 17 of, or Schedule 1 to, the Police and Criminal Evidence
(Northern Ireland) Order 1989.
(d) subject to paragraph 2.6, under any other power given to police to enter
premises with or without a search warrant for any purpose connected with
the investigation into an alleged or suspected offence.
‘Premises’ includes any place and, in particular, includes:
(i) any vehicle, vessel, aircraft or hovercraft,
(ii) any tent or moveable structure, and
(iii) any offshore installation within the meaning given to it by section 1 of
the Mineral Workings (Offshore Installations) Act 1971. See Note 2A.
2.4
2.5
2.6
2.7
2.8
2.9
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In these circumstances, a person who has not been arrested but is searched
during a search of premises should be searched in accordance with Code A.
This Code does not apply to the exercise of a statutory power to enter
premises or to inspect goods, equipment or procedures if the exercise of that
power is not dependent on the existence of grounds for suspecting that an
offence may have been committed and the person exercising the power has no
reasonable grounds for such suspicion.
This Code does not affect any directions of a search warrant or order, lawfully
executed in Northern Ireland that any item or evidence seized under that
warrant or order be handed over to a police force, court, tribunal, or other
authority outside Northern Ireland. For example, warrants and orders issued in
England & Wales or Scotland, and search warrants issued under the Criminal
Justice (International Co-operation) Act 1990, section 7.
When the Code requires the prior authority or agreement of an officer of at
least inspector or superintendent rank, that authority may be given by a sergeant
or chief inspector authorised to perform the functions of the higher rank under
Article 84 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
Written records required under this Code not made in the search record shall,
unless otherwise specified, be made:
¢ in the recording officer's official note book; or
* on forms provided for the purpose.
Nothing in this Code requires the identity of officers, or anyone accompanying
them during a search of premises, to be recorded or disclosed:
(a) in the case of enquiries linked to the investigation of terrorism; or
(b)_ if officers reasonably believe recording or disclosing their names might
put them in danger.
In these cases police officers and police staff should use their police
service number and the name of their police station.
The ‘officer in charge of the search’ means the officer assigned specific duties
and responsibilities under this Code. Whenever there is a search of premises to
which this Code applies one officer must act as the officer in charge of the
search. See Note 2B.
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2.11
2.13
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In this Code:
(a) ‘designated person’ means a person other than a police officer, designated
under the Police (Northern Ireland) Act 2003, Part 2, who has specified
powers and duties of police officers conferred or imposed on them.
(b) any reference to a police officer includes a designated person acting in
the exercise or performance of the powers and duties conferred or
imposed on them by their designation.
(c) a person authorised to accompany police officers or designated persons in
the execution of a warrant has the same powers as a constable in the
execution of the warrant and the search and seizure of anything related to
the warrant. These powers must be exercised in the company and under
the supervision of a police officer. See Note 3B.
If a power conferred on a designated person:
(a) allows reasonable force to be used when exercised by a police officer, a
designated person exercising that power has the same entitlement to use
force;
(b) includes power to use force to enter any premises, that power is not
exercisable by that designated person except:
(i) in the company and under the supervision of a police officer; or
(ii) for the purpose of:
¢ saving life or limb; or
* preventing serious damage to property.
Designated persons must have regard to any relevant provisions of the Codes
of Practice
Notes for guidance
2A
The Immigration Act 1971, Part Ill and Schedule 2 gives immigration officers
powers to enter and search premises, seize and retain property, with and
without a search warrant. These are similar to the powers available to police
under search warrants issued by a lay magistrate and without a warrant under
the Police and Criminal Evidence (NI) Order, Articles 19, 20, 21 and 34 except
they only apply to specified offences under the Immigration Act 1971 and
2B
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immigration control powers. For certain types of investigations and enquiries
these powers avoid the need for the Immigration Service to rely on police
officers becoming directly involved. When exercising these powers,
immigration officers are required by the Immigration and Asylum Act 1999,
section 145 to have regard to this Code’s corresponding provisions. When
immigration officers are dealing with persons or property at police stations,
police officers should give appropriate assistance to help them discharge their
specific duties and responsibilities.
For the purposes of paragraph 2.10, the officer in charge of the search should
normally be the most senior officer present. Some exceptions are:
(a) a supervising officer who attends or assists at the scene of a premises
search may appoint an officer of lower rank as officer in charge of the
search if that officer is:
¢ more conversant with the facts;
* a more appropriate officer to be in charge of the search;
(b) when all officers in a premises search are the same rank. The supervising
officer if available must make sure one of them is appointed officer in
charge of the search, otherwise the officers themselves must nominate one
of their number as the officer in charge;
(c) a senior officer assisting in a specialist role. This officer need not be regarded
as having a general supervisory role over the conduct of the search or be
appointed or expected to act as the officer in charge of the search.
Except in (c), nothing in this Note diminishes the role and responsibilities
of a supervisory officer who is present at the search or knows of a search
taking place.
Search warrants and production orders
(a) Before making an application
When information appears to justify an application, the officer must take
reasonable steps to check the information is accurate, recent and not provided
maliciously or irresponsibly. An application may not be made on the basis of
information from an anonymous source if corroboration has not been sought.
See Note 3A.
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3.3
3.4
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The officer shall ascertain as specifically as possible the nature of the articles
concerned and their location.
The officer shall make reasonable enquiries to:
(i) establish if:
* anything is known about the likely occupier of the premises and the
nature of the premises themselves;
¢ the premises have been searched previously and how recently;
(ii) obtain any other relevant information.
An application
(a) toa lay magistrate for a search warrant or to a judge of the High Court, a
County Court Judge or a Resident Magistrate for a search warrant or
production order under Schedule 1 to the Police and Criminal Evidence
(NI) Order 1989 must be supported by a signed written authority from an
officer of inspector rank or above.
Note: If the case is an urgent application to a lay magistrate and an
inspector or above is not readily available, the next most senior officer on
duty can give the written authority.
(b) to a county court judge under the Terrorism Act 2000, Schedule 5 for:
* a production order;
¢ search warrant; or
* an order requiring an explanation of material seized or produced under
such a warrant or production order must be supported by a signed
written authority from an officer of superintendent rank or above.
Except in a case of urgency, if the officer granting the authority for the warrant
has reason to believe that a search might have an adverse effect on relations
between the police and the community then the local community safety
officer shall be consulted:
¢ before the search; or
¢ in urgent cases, as soon as practicable after the search.
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(b) Making an application
3.6 A search warrant application must be supported in writing, specifying:
(a) the enactment under which the application is made;
(b) (i) whether the warrant is to authorise entry and search of:
* one set of premises; or
¢ if the application is under Article 10 of or Schedule 1, Paragraph 9, to
the Police and Criminal Evidence (NI) Order 1989, more than one set
of specified premises or all premises occupied or controlled by a
specified person, and
(ii) the premises to be searched;
(c)_ the object of the search;
(d) the grounds for the application, including, when the purpose of the
proposed search is to find evidence of an alleged offence, an indication of
how the evidence relates to the investigation;
(da) where the application is under Article 10 of or Schedule 1, paragraph 9 to
the Police and Criminal Evidence (NI) Order 1989, for a single warrant to
enter and search:
(i) more than one set of specified premises, the officer must specify
each set of premises which it is desired to enter and search
(ii) all premises occupied or controlled by a specified person, the officer
must specify;
* as many sets of premises which it is desired to enter and search
as it is reasonably practicable to specify,
¢ the person who is in occupation or control of those premises and
any others which it is desired to search,
* why it is necessary to search more premises than those which can
be specified,
¢ why it is not reasonably practicable to specify all the premises
which it is desired to enter and search.
(db) whether an application under Article 10 of the Police and Criminal
Evidence (NI) Order 1989 is for a warrant authorising entry and search on
more than one occasion, and if so, the officer must state the grounds for
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this and whether the desired number of entries authorised is unlimited or
a specified maximum.
(e) there are no reasonable grounds to believe the material to be sought,
when making application to a:
(i) lay magistrate or to a judge of the High Court, a County Court Judge
or a Resident Magistrate, consists of or includes items subject to legal
privilege;
(ii) lay magistrate, consists of or includes excluded material or special
procedure material;
Note: this does not affect the additional powers of seizure in the
Criminal Justice and Police Act 2001, Part 2 covered in paragraph 7.7;
(f) if applicable, a request for the warrant to authorise a person or persons to
accompany the officer who executes the warrant, see Note 3B.
3.7. An application for a search warrant under paragraph 9(a) of Schedule 1 to the
Police and Criminal Evidence (Northern Ireland) Order 1989 shall also, where
appropriate, indicate why it is believed that service of notice of an application
for a production order may seriously prejudice the investigation. Applications
for search warrants under the Terrorism Act 2000, Schedule 5, paragraph 11
must indicate why a production order would not be appropriate.
3.8 If a search warrant application is refused, a further application may not be
made for those premises unless supported by additional grounds.
Notes for guidance
3A The identity of an informant need not be disclosed when making an
application, but the officer should be prepared to deal with any questions the
magistrate or judge may have about:
«the accuracy of previous information from that source
* any other related matters.
3B Under Article 18(2) of the Police and Criminal Evidence (NI) Order 1989, a
search warrant may authorise persons other than police officers to accompany
the constable who executes the warrant. This includes, e.g. any suitably
qualified or skilled person or an expert in a particular field whose presence is
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4.3
5.1
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needed to help accurately identify the material sought or to advise where
certain evidence is most likely to be found and how it should be dealt with. It
does not give them any right to force entry, but it gives them the right to be on
the premises during the search and to search for or seize property without the
occupier’s permission.
Entry without warrant - particular powers
(a) Making an arrest etc
The conditions under which an officer may enter and search premises without
a warrant are set out in Article 19 of the Police and Criminal Evidence (NI)
Order 1989.
(b) Search of premises where arrest takes place or the arrested
person was immediately before arrest.
When a person has been arrested for an indictable offence, a police officer
has power under Article 34 of the Police and Criminal Evidence (NI) Order
1989 to search the premises where the person was arrested or where the
person was immediately before being arrested.
(c) Search of premises occupied or controlled by the arrested person
The specific powers to search premises occupied or controlled by a person
arrested for an indictable offence are set out in Article 20 of the Police and
Criminal Evidence (NI) Order 1989. They may not be exercised, except if
article 20(5) applies, unless an officer of inspector rank or above has given
written authority. If possible the authorising officer should record the authority
on the Notice of Powers and Rights and, subject to paragraph 2.9, sign the
Notice. The record should be made in:
¢ the custody record if there is one, otherwise
¢ the officer’s official note book, or
¢ the search record.
Search with consent
Subject to paragraph 5.4, if it is proposed to search premises with the consent
of a person entitled to grant entry the consent must, if practicable, be given in
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writing on the Notice of Powers and Rights before the search. The officer in
charge of the search must make any necessary enquiries to be satisfied the
person is in a position to give such consent. See Notes 5A and 5B.
5.2 Before seeking consent the officer in charge of the search shall state the
purpose of the proposed search and its extent. This information must be as
specific as possible, particularly regarding the articles or persons being sought
and the parts of the premises to be searched. The person concerned must be
clearly informed they are not obliged to consent and anything seized may be
produced in evidence. If at the time the person is not suspected of an offence,
the officer shall say this when stating the purpose of the search.
5.3 An officer cannot enter and search or continue to search premises under
paragraph 5.1 if consent is given under duress or withdrawn before the search
is completed.
5.4 It is unnecessary to seek consent under paragraphs 5.1 and 5.2 if this would
cause disproportionate inconvenience to the person concerned. See Note 5C.
Notes for guidance
5A Ina lodging house or similar accommodation, every reasonable effort should
be made to obtain the consent of the tenant, lodger or occupier. A search
should not be made solely on the basis of the landlord’s consent unless the
tenant, lodger or occupier is unavailable and the matter is urgent.
5B If the intention is to search premises under the authority of a warrant or a
power of entry and search without warrant, and the occupier of the premises
co-operates in accordance with paragraph 6.4, there is no need to obtain
written consent.
5C Paragraph 5.4 is intended to apply when it is reasonable to assume innocent
occupiers would agree to, and expect, police to take the proposed action, e.g. if:
* a suspect has fled the scene of a crime or to evade arrest and it is
necessary to quickly check surrounding gardens and readily accessible
places to see if the suspect is hiding;
* police have arrested someone in the night after a pursuit and it is necessary
to make a brief check of gardens along the pursuit route to see if stolen or
incriminating articles have been discarded.
6.1
6.2
6.3
6.3A
6.3B
6.4
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Searching Premises — General Conditions
(a) Time of Searches
Searches made under warrant must be made within three calendar months
from the date of issue of the warrant.
Searches must be made at a reasonable hour unless this might frustrate the
purpose of the search. See Note 6D.
When the extent or complexity of a search mean it is likely to take a long
time, the officer in charge of the search may consider using the seize and sift
powers referred to in section 7.
A warrant under Article 10 of the Police and Criminal Evidence (NI) Order
1989 may authorise entry to and search of premises on more than one
occasion if, on the application, the lay magistrate is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose for
which the warrant is issued. No premises may be entered or searched on any
subsequent occasions without the prior written authority of an officer of the
rank of inspector who is not involved in the investigation. All other warrants
authorise entry on one occasion only.
Where a warrant under Article 10 of or Schedule 1, paragraph 9 to the Police
and Criminal Evidence (NI) Order 1989 authorises entry to and search of all
premises occupied or controlled by a specified person, no premises which are
not specified in the warrant may be entered and searched without the prior
written authority of an officer of the rank of inspector who is not involved in
the investigation.
(b) Entry other than with consent
The officer in charge of the search shall first try to communicate with the
occupier, or any other person entitled to grant access to the premises, explain
the authority under which entry is sought and ask the occupier, or any other
person with the authority to grant access to the premises, to allow entry, unless:
(i) the search premises are unoccupied;
(ii) the occupier and any other person entitled to grant access are absent; or
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6.7
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(iii) there are reasonable grounds for believing that alerting the occupier or
any other person entitled to grant access would frustrate the object of the
search or endanger officers or other people.
Unless sub-paragraph 6.4(iii) applies, if the premises are occupied, the officer,
subject to paragraph 2.9 shall, before the search begins:
(i) identify him or herself, show their warrant card (if not in uniform) and
state the purpose of and grounds for the search;
(ii) identify and introduce any person accompanying the officer on the search
(such persons should carry identification for production on request) and
briefly describe that person’s role in the process.
Reasonable and proportionate force may be used if necessary to enter premises if
the officer in charge of the search is satisfied the premises are those specified
in any warrant, or in exercise of the powers described in paragraphs 4.1 to
4.3, and if:
(i) the occupier or any other person with the authority to grant access has
refused entry;
(ii) it is impossible to communicate with the occupier or any other person
entitled to grant access; or
(iii) any of the provisions of paragraph 6.4 apply.
(c) Notice of Powers and Rights
If an officer conducts a search to which this Code applies the officer shall,
unless it is impracticable to do so, provide the occupier with a copy of a
Notice in a standard format:
(i) specifying if the search is made under warrant, with consent, or in the
exercise of the powers described in paragraphs 4.1 to 4.3;
(ii) summarising the extent of the powers of search and seizure conferred by
the PACE (NI) Order 1989;
(iii) explaining the rights of the occupier, and the owner of the property seized;
6.8
6.9
6.9A
6.9B
6.10
6.11
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(iv) explaining compensation may be payable in appropriate cases for
damages caused entering and searching premises, and who may be
responsible for this, see Note 6A;
(v) stating this Code is available at any police station.
If the occupier is:
* present, copies of the Notice and warrant where relevant shall, if
practicable, be given to them before the search begins, unless the officer in
charge of the search reasonably believes this would frustrate the object of
the search or endanger officers or other people;
* not present, copies of the Notice and warrant where relevant, shall be left
in a prominent place on the premises or appropriate part of the premises
and endorsed, subject to paragraph 2.9 with the name of the officer in
charge of the search, the date and time of the search. The warrant shall be
endorsed to show this has been done.
(d) Conduct of searches
Premises may be searched only to the extent necessary to achieve the object
of the search, having regard to the size and nature of whatever is sought.
A search may not continue under:
* a warrant’s authority once all the things specified in that warrant have been
found
¢ any other power once the object of that search has been achieved.
No search may continue once the officer in charge of the search is satisfied
whatever is being sought is not on the premises. (See Note 6B). This does not
prevent a further search of the same premises if additional grounds come to
light supporting a further application for a search warrant or exercise or further
exercise of another power. For example, when, as a result of new information, it
is believed articles previously not found or additional articles are on the premises.
Searches must be conducted with due consideration for the property and
privacy of the occupier and with no more disturbance than necessary.
Reasonable force may be used only when necessary and proportionate
because the co-operation of the occupier cannot be obtained or is insufficient.
A friend, neighbour or other person must be allowed to witness the search if
the occupier wishes unless the officer in charge of the search has reasonable
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grounds for believing the presence of the person asked for would seriously
hinder the investigation or endanger officers or other people. A search need
not be unreasonably delayed for this purpose. A record of the action taken
should be made on the premises search record including the grounds for
refusing the occupier’s request.
6.12 A person is not required to be cautioned prior to being asked questions that
are solely necessary for the purpose of furthering the proper and effective
conduct of a search, see Code C, paragraph 10.1(c). For example, questions to
discover the occupier of specified premises, to find a key to open a locked
drawer or cupboard or to otherwise seek co-operation during the search or to
determine if a particular item is liable to be seized.
6.12A If questioning goes beyond what is necessary for the purpose of the exemption
in Code C, the exchange is likely to constitute an interview as defined by
Code C, paragraph 11.1A and would require the associated safeguards
included in Code C, section 10.
(e) Leaving Premises
6.13 If premises have been entered by force, before leaving the officer in charge of
the search must make sure they are secure by:
* arranging for the occupier or their agent to be present
* any other appropriate means
(f) Searches under PACE Schedule 1 or the Terrorism Act 2000,
Schedule 5
6.14 An officer shall be appointed as the officer in charge of the search, see
paragraph 2.10, in respect of any search made under a warrant issued under
Schedule 1 of the PACE (NI) Order 1989 or the Terrorism Act 2000, Schedule
5. They are responsible for making sure the search is conducted with
discretion and in a manner that causes the least possible disruption to any
business or other activities carried out on the premises.
6.15 Once the officer in charge of the search is satisfied material may not be taken
from the premises or destroyed without their knowledge, they shall ask for the
documents or other records concerned. The officer in charge of the search may
also ask to see the index to files held on the premises, and the officers conducting
the search may inspect any files which, according to the index, appear to
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contain the material sought. A more extensive search of the premises may be
made only if:
¢ the person responsible for them refuses to:
produce the material sought, or
allow access to the index
¢ it appears the index is:
inaccurate, or
incomplete
¢ for any other reason the officer in charge of the search has reasonable
grounds for believing such a search is necessary in order to find the
material sought.
a
a
2a
u
Notes for guidance
6A — Whether compensation is appropriate depends on the circumstances in each
case. Compensation for damage caused when effecting entry is unlikely to be
appropriate if the search was lawful, and the force used can be shown to be
reasonable, proportionate and necessary to effect entry. If the wrong premises
are searched by mistake, everything possible should be done at the earliest
opportunity to allay any sense of grievance. The Northern Ireland Policing
Board will accept the financial commitment to pay contractors who are called
out to secure property where:
(a) the police are unable through their own efforts to secure the property and
the owner is not at home; or
(b) the owner has no means of effecting such repairs, for example, because of
the time of day, lack of telephone or because they are elderly or infirm.
6B It is important that, when possible, all those involved in a search are fully
briefed about any powers to be exercised and the extent and limits within
which it should be conducted.
6C __Inall cases the number of officers and other persons involved in executing the
warrant should be determined by what is reasonable and necessary according
to the particular circumstances.
6D In determining at what time to make a search, the officer in charge should have
regard, among other considerations, to the times of day at which the occupier
of the premises is likely to be present, and should not search at a time when
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he or any other person on the premises, is likely to be asleep unless not doing
so is likely to frustrate the purpose of the search.
Seizure and retention of property
(a) Seizure
Subject to paragraph 7.2, an officer who is searching any person or premises
under any statutory power or with the consent of the occupier may seize anything:
(a) covered by a warrant;
(b) the officer has reasonable grounds for believing is evidence of an offence
or has been obtained in consequence of the commission of an offence but
only if seizure is necessary to prevent the items being concealed, lost,
disposed of, altered, damaged, destroyed or tampered with;
(c) covered by the powers in the Criminal Justice and Police Act 2001, Part 2
allowing an officer to seize property from persons or premises and retain
it for sifting or examination elsewhere. See Note 7B.
No item may be seized which an officer has reasonable grounds for believing
to be subject to legal privilege, as defined in Article 12 of the PACE (NI) Order
1989, other than under the Criminal Justice and Police Act 2001, Part 2.
Officers must be aware of the provisions in the Criminal Justice and Police Act
2001, section 59, allowing for applications to a judicial authority for the return
of property seized and the subsequent duty to secure in section 60, see
paragraph 7.12 (iii).
An officer may decide it is not appropriate to seize property because of an
explanation from the person holding it but may nevertheless have reasonable
grounds for believing it was obtained in consequence of an offence by some
person. In these circumstances, the officer should identify the property to the
holder, inform the holder of their suspicions and explain the holder may be
liable to civil or criminal proceedings if they dispose of, alter or destroy the
property.
An officer may arrange to photograph, image or copy, any document or other
article they have the power to seize in accordance with paragraph 7.1. This is
subject to specific restrictions on the examination, imaging or copying of
certain property seized under the Criminal Justice and Police Act 2001, Part 2.
7.6
7.7
7.8
7.8A
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An officer must have regard to their statutory obligation to retain an original
document or other article only when a photograph or copy is not sufficient.
If an officer considers information stored in any electronic form and accessible
from the premises could be used in evidence, they may require the
information to be produced in a form:
¢ which can be taken away and in which it is visible and legible; or
¢ from which it can readily be produced in a visible and legible form.
(b) Criminal Justice and Police Act 2001:
Specific Procedures for Seize and Sift powers
The Criminal Justice and Police Act 2001, Part 2 gives officers limited powers
to seize property from premises or persons so they can sift or examine it
elsewhere. Officers must be careful they only exercise these powers when it is
essential and they do not remove any more material than necessary. The
removal of large volumes of material, much of which may not ultimately be
retainable, may have serious implications for the owners, particularly when
they are involved in business or activities such as journalism or the provision
of medical services. Officers must carefully consider if removing copies or
images of relevant material or data would be a satisfactory alternative to
removing originals. When originals are taken, officers must be prepared to
facilitate the provision of copies or images for the owners when reasonably
practicable. See Note 7C.
Property seized under the Criminal Justice and Police Act 2001, sections 50 or
51 must be kept securely and separately from any material seized under other
powers. An examination under section 53 to determine which elements may
be retained must be carried out at the earliest practicable time, having due
regard to the desirability of allowing the person from whom the property was
seized, or a person with an interest in the property, an opportunity of being
present or represented at the examination.
All reasonable steps should be taken to accommodate an interested person’s
request to be present, provided the request is reasonable and subject to the
need to prevent harm to, interference with, or unreasonable delay to the
investigatory process. If an examination proceeds in the absence of an
interested person who asked to attend or their representative, the officer who
exercised the relevant seizure power must give that person a written notice of
why the examination was carried out in those circumstances. If it is necessary
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for security reasons or to maintain confidentiality officers may exclude
interested persons from decryption or other processes which facilitate the
examination but do not form part of it. See Note 7D.
7.9 It is the responsibility of the officer in charge of the investigation to make sure
property is returned in accordance with sections 53 to 55. Material which
there is no power to retain must be:
* separated from the rest of the seized property
* returned as soon as reasonably practicable after examination of all the
seized property.
7.9A Delay is only warranted if very clear and compelling reasons exist, e.g. the:
* unavailability of the person to whom the material is to be returned
* need to agree a convenient time to return a large volume of material.
7.9B Legally privileged, excluded or special procedure material which cannot be
retained must be returned:
* as soon as reasonably practicable
¢ without waiting for the whole examination.
7.9C As set out in section 58, material must be returned to the person from whom it
was seized, except when it is clear some other person has a better right to it.
See Note 7E.
7.10 When an officer involved in the investigation has reasonable grounds to
believe a person with a relevant interest in property seized under section 50 or
51 intends to make an application under section 59 for the return of any
legally privileged, special procedure or excluded material, the officer in charge
of the investigation should be informed as soon as practicable and the material
seized should be kept secure in accordance with section 61. See Note 7C.
7.11 The officer in charge of the investigation is responsible for making sure property
is properly secured. Securing involves making sure the property is not examined,
copied, imaged or put to any other use except at the request, or with the consent,
of the applicant or in accordance with the directions of the appropriate judicial
authority. Any request, consent or directions must be recorded in writing and
signed by both the initiator and the officer in charge of the investigation. See
Notes 7F and 7G.
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7.12 When an officer exercises a power of seizure conferred by sections 50 or 51
they shall provide the occupier of the premises or the person from whom the
property is being seized with a written notice:
(i) specifying what has been seized under the powers conferred by that
section;
(ii) specifying the grounds for those powers;
(iii) setting out the effect of sections 59 to 61 covering the grounds for a
person with a relevant interest in seized property to apply to a judicial
authority for its return and the duty of officers to secure property in certain
circumstances when an application is made;
(iv) specifying the name and address of the person to whom:
* notice of an application to the appropriate judicial authority in respect
of any of the seized property must be given;
* an application may be made to allow attendance at the initial
examination of the property.
7.13 If the occupier is not present but there is someone in charge of the premises,
the notice shall be given to them. If no suitable person is available, so the
notice will easily be found it should either be:
¢ left in a prominent place on the premises
* attached to the exterior of the premises.
(c) Retention
7.14 Subject to paragraph 7.15, anything seized in accordance with the above
provisions may be retained only for as long as is necessary. It may be retained,
among other purposes:
(i) for use as evidence at a trial for an offence;
(ii) to facilitate the use in any investigation or proceedings of anything to
which it is inextricably linked, see Note 7H;
(iii), for forensic examination or other investigation in connection with an offence;
(iv) in order to establish its lawful owner when there are reasonable grounds for
believing it has been stolen or obtained by the commission of an offence.
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7.15 Property shall not be retained under paragraph 7.1 4(i),(ii) or (iii) if a copy or
image would be sufficient.
(d) Rights of owners etc
7.16 If property is retained, the person who had custody or control of it
immediately before seizure must, on request, be provided with a list or
description of the property within a reasonable time.
7.17 That person or their representative must be allowed supervised access to the
property to examine it or have it photographed or copied, or must be provided
with a photograph or copy, in either case within a reasonable time of any
request and at their own expense, unless the officer in charge of an
investigation has reasonable grounds for believing this would:
(i) prejudice the investigation of any offence or criminal proceedings; or
(ii) lead to the commission of an offence by providing access to unlawful
material such as pornography.
A record of the grounds shall be made when access is denied.
Notes for guidance
7A _ Any person claiming property seized by the police may apply to a magistrates’
court under the Police (Property) Act 1897 for its possession and should, if
appropriate, be advised of this procedure.
7B The powers of seizure conferred by Articles 20(2) and 21(3) of the Police and
Criminal Evidence (NI) Order 1989 extend to the seizure of the whole premises
when it is physically possible to seize and retain the premises in their totality
and practical considerations make seizure desirable. For example, police may
remove premises such as tents, vehicles or caravans to a police station for the
purpose of preserving evidence.
7C Officers should consider reaching agreement with owners and/or other interested
parties on the procedures for examining a specific set of property, rather than
awaiting the judicial authority’s determination. Agreement can sometimes give
a quicker and more satisfactory route for all concerned and minimise costs
and legal complexities.
7D
7E
7F
7G
7H
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What constitutes a relevant interest in specific material may depend on the
nature of that material and the circumstances in which it is seized. Anyone
with a reasonable claim to ownership of the material and anyone entrusted
with its safe keeping by the owner should be considered.
Requirements to secure and return property apply equally to all copies, images
or other material created because of seizure of the original property.
The mechanics of securing property vary according to the circumstances;
“bagging up”, i.e. placing material in sealed bags or containers and strict
subsequent control of access is the appropriate procedure in many cases.
When material is seized under the powers of seizure conferred by PACE, the
duty to retain it under the Code of Practice issued under the Criminal Procedure
and Investigations Act 1996 is subject to the provisions on retention of seized
material in Article 24 of the PACE (NI) Order 1989.
Paragraph 7.14 (ii) applies if inextricably linked material is seized under the
Criminal Justice and Police Act 2001, sections 50 or 51. Inextricably linked
material is material it is not reasonably practicable to separate from other
linked material without prejudicing the use of that other material in any
investigation or proceedings. For example, it may not be possible to separate
items of data held on computer disk without damaging their evidential
integrity. Inextricably linked material must not be examined, imaged, copied
or used for any purpose other than for proving the source and/or integrity of
the linked material.
Action after searches
If premises are searched in circumstances where this Code applies, unless the
exceptions in paragraph 2.3(a) apply, on arrival at a police station the officer in
charge of the search shall make or have made a record of the search, to include:
(i) the address of the searched premises;
(ii) the date, time and duration of the search;
(iii) the authority used for the search:
¢ if the search was made in exercise of a statutory power to search
premises without warrant, the power which was used for the search;
e if the search was made under a warrant or with written consent;
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- a copy of the warrant and the written authority to apply for it, see
paragraph 3.4; or
- the written consent;
shall be appended to the record or the record shall show the
location of the copy warrant or consent.
(iv) subject to paragraph 2.9, the names of:
¢ the officer(s) in charge of the search;
¢ all other officers and authorised persons who conducted the search;
(v)_ the names of any people on the premises if they are known;
(vi) any grounds for refusing the occupier’s request to have someone present
during the search, see paragraph 6.11;
(vii) a list of any articles seized or the location of a list and, if not covered by a
warrant, the grounds for their seizure;
(viii) whether force was used, and the reason;
(ix) details of any damage caused during the search, and the circumstances;
(x) if applicable, the reason it was not practicable;
(a) to give the occupier a copy of the Notice of Powers and Rights, see
paragraph 6.7;
(b) before the search to give the occupier a copy of the Notice, see
paragraph 6.8;
(xi) when the occupier was not present, the place where copies of the Notice
of Powers and Rights and search warrant were left on the premises, see
paragraph 6.8.
On each occasion when premises are searched under warrant, the warrant
authorising the search on that occasion shall be endorsed to show:
(i) if any articles specified in the warrant were found and the address where
found;
(ii) if any other articles were seized;
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(iii) the date and time it was executed and if present, the name of the occupier
or if the occupier is not present the name of the person in charge of the
premises;
(iv) subject to paragraph 2.9, the names of the officers who executed it and
any authorised persons who accompanied them;
(v)_ if a copy, together with a copy of the Notice of Powers and Rights was:
¢ handed to the occupier; or
* endorsed as required by paragraph 6.8; and left on the premises and
where.
Any warrant which has been executed or which has not been executed within
three calendar months of its issue or sooner on completion of the search(es)
authorised by that warrant shall be returned, to the clerk of petty sessions for
the petty sessions district in which the premises are situated.
Search registers
A search register will be maintained at each designated police station. All
records which are required to be made by this code shall be made, copied or
referred to in the register.
Notes for guidance
9A
Paragraph 9.1 also applies to search records made by immigration officers. In
these cases, a search register must also be maintained at an immigration office.
See also Note 2A.
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Code of
Practice C
Code of Practice for the Detention, Treatment and Questioning
of’ Persons by Police Officers
Commencement - Transitional/ Arrangements
This Code applies to people in police! detention after midnight on 28 February I
standing that theiriperiod of detention may have commenced before that t
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General
All persons in custody must be dealt with expeditiously, and released as soon
as the need for detention no longer applies.
A custody officer must perform the functions in this Code as soon as practicable.
A custody officer will not be in breach of this Code if delay is justifiable and
reasonable steps are taken to prevent unnecessary delay. The custody record
shall show when a delay has occurred and the reason. See Note 1H.
This Code of Practice must be readily available at all police stations for
consultation by:
¢ police officers
¢ police staff
¢ detained persons
* members of the public. C
The provisions of this Code:
* include the Annexes
¢ do not include the Notes for Guidance.
If an officer has any suspicion, or is told in good faith, that a person of any age
may be mentally disordered or otherwise mentally vulnerable, in the absence
of clear evidence to dispel that suspicion, the person shall be treated as such
for the purposes of this Code. See Note 1G.
If anyone appears to be under 17, they shall be treated as a juvenile for the
purposes of this Code in the absence of clear evidence that they are older.
If a person appears to be blind, seriously visually impaired, deaf, unable to
read or speak or has difficulty orally because of a speech impediment, they
shall be treated as such for the purposes of this Code in the absence of clear
evidence to the contrary.
‘The appropriate adult’ means, in the case of a:
(a) juvenile:
(i) the parent, relative, guardian or, if the juvenile is in care, a member
of a care authority, or voluntary organisation;
(ii) a social worker;
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(iii) failing these, some other responsible adult aged 18 or over who is not
a police officer or employed by the Northern Ireland Policing Board.
(b) person who is mentally disordered or mentally vulnerable: See Note 1D.
(i) a parent, relative, guardian or other person responsible for their care
or custody;
(ii) someone experienced in dealing with mentally disordered or mentally
vulnerable people but who is not a police officer or employed by the
Northern Ireland Policing Board;
(iii) failing these, some other responsible adult aged 18 or over who is not
a police officer or employed by the Northern Ireland Policing Board.
1.8 If this Code requires a person be given certain information, they do not have
to be given it if at the time they are incapable of understanding what is said,
are violent or may become violent, or are in urgent need of medical attention,
but they must be given it as soon as practicable
1.9 References to a custody officer include any
¢ police officer; or
¢ designated staff custody officer acting in the exercise or performance of the
powers and duties conferred or imposed on them by their designation,
performing the functions of a custody officer.
1.9A When this Code requires the prior authority or agreement of an officer of at
least inspector or superintendent rank, that authority may be given by a
sergeant or chief inspector authorised to perform the functions of the higher
rank under Article 84 of the Police and Criminal Evidence (NI) Order 1989.
1.10 Subject to paragraph 1.11, this Code applies to people in custody at police
stations in Northern Ireland, whether or not they have been arrested, and to
those removed to a police station as a place of safety under Articles 129 and
130 of the Mental Health (NI) Order 1986. Section 15 of this code applies
solely to people in police detention, as defined by Article 2 of the Police and
Criminal Evidence (NI) Order 1989.
1.11 This Code’s provisions do not apply to people in custody:
(i) arrested on warrants issued in Scotland by officers under the Criminal
Justice and Public Order Act 1994, section 136(3), or arrested or detained
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without warrant by officers from a police force in Scotland under section
137(1) or 137(2). In these cases, police powers and duties and the
person’s rights and entitlements whilst at a police station in Northern
Ireland are the same as those in Scotland;
(ii) arrested under the Immigration and Asylum Act 1999, section 142(3) in
order to have their fingerprints taken;
(iii) whose detention is authorised by an immigration officer under the
Immigration Act 1971;
(iv) detained under the Terrorism Act 2000;
(v) detained for searches under stop and search powers except as required by
Code A.
The provisions on conditions of detention and treatment in sections 8 and
9 must be considered as the minimum standards of treatment for such
detainees.
In this Code:
(a) ‘designated person’ means a person other than a police officer, designated
under the Police (NI) Act 2003, Part 2 who has specified powers and
duties of police officers conferred or imposed on them;
(b) reference to a police officer includes a designated person acting in the
exercise or performance of the powers and duties conferred or imposed
on them by their designation.
Designated persons are entitled to use reasonable force as follows:-
(a) when exercising a power conferred on them which allows a police officer
exercising that power to use reasonable force, a designated person has the
same entitlement to use force; and
(b) at other times when carrying out duties conferred or imposed on them
that also entitle them to use reasonable force, for example:
¢ when ata police station carrying out the duty to keep detainees for
whom they are responsible under control and to assist any other police
officer or designated person to keep any detainee under control and to
prevent their escape.
C
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¢ when securing, or assisting any other police officer or designated
person in securing, the detention of a person at a police station.
* when escorting, or assisting any other police officer or designated
person in escorting, a detainee within a police station.
¢ for the purpose of saving life or limb; or preventing serious damage to
property.
1.14 Nothing in this Code prevents the custody officer, or other officer given custody
of the detainee, from allowing police staff who are not designated persons to
carry out individual procedures or tasks at the police station if the law allows.
However, the officer remains responsible for making sure the procedures and
tasks are carried out correctly in accordance with the Codes of Practice. Any
such person must be:
(a) a person employed by the Northern Ireland Policing Board and under the
control and direction of the Chief Constable;
(b) employed by a person with whom the Northern Ireland Policing Board
has a contract for the provision of services relating to persons arrested or
otherwise in custody.
1.15 Designated persons and other police staff must have regard to any relevant
provisions of the Codes of Practice.
1.16 References to the officer's official note book include any official report book
issued to police officers or other police staff.
Notes for guidance
1A Although certain sections of this Code apply specifically to people in custody
at police stations, those there voluntarily to assist with an investigation should
be treated with no less consideration, e.g. offered refreshments at appropriate
times, and enjoy an absolute right to obtain legal advice or communicate with
anyone outside the police station.
1AA On arrival at the police station, the appropriate adult should be provided with
written guidance as to their role.
1B
1C
1D
1E
1F
1G
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A person, including a parent, relative or guardian, should not be an
appropriate adult if they:
* are
- suspected of involvement in the offence
- the victim
- a witness
- involved in the investigation
- appear to be mentally disordered or otherwise mentally vulnerable
¢ received admissions prior to attending to act as the appropriate adult.
Note: A parent of a juvenile should not be asked to act as the appropriate
adult if the juvenile expressly and specifically objects to their presence.
If a juvenile admits an offence to, or in the presence of, a social worker other
than during the time that person is acting as the juvenile’s appropriate adult,
another appropriate adult should be appointed in the interest of fairness.
In the case of people who are mentally disordered or otherwise mentally C
vulnerable, it may be more satisfactory if the appropriate adult is someone
experienced or trained in their care rather than a relative lacking such
qualifications. But if the detainee prefers a relative to a better qualified stranger
or objects to a particular person their wishes should, if practicable, be respected.
A detainee should always be given an opportunity, when an appropriate adult
is called to the police station, to consult privately with a solicitor in the
appropriate adult's absence if they want. An appropriate adult is not subject to
legal privilege.
A solicitor or independent custody visitor (formerly a lay visitor) present at the
police station in that capacity may not be the appropriate adult.
‘Mentally vulnerable’ applies to any detainee who, because of their mental
state or capacity, may not understand the significance of what is said, of
questions or of their replies. ‘Mental disorder’ is defined in Article 3(1) of the
Mental Health (Northern Ireland) Order 1986 as ‘mental illness, mental handicap
and any other disorder or disability of the mind ’. When the custody officer
has any doubt about the mental state or capacity of a detainee, that detainee
should be treated as mentally vulnerable and an appropriate adult called.
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1
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2.1A
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Paragraph 1.1A is intended to cover delays which may occur in processing
detainees, e.g. if:
* a large number of suspects are brought into the station simultaneously to
be placed in custody;
¢ interview rooms are all being used;
¢ there are difficulties contacting an appropriate adult, solicitor or interpreter.
The custody officer must remind the appropriate adult and detainee about the
right to legal advice and record any reasons for waiving it in accordance with
section 6.
This Code does not affect the principle that all citizens have a duty to help
police officers to prevent crime and discover offenders. This is a civic rather
than a legal duty; but when a police officer is trying to discover whether, or by
whom, an offence has been committed he is entitled to question any person
from whom he thinks useful information can be obtained, subject to the
restrictions imposed by this Code. A person's declaration that he is unwilling
to reply does not alter this entitlement.
Custody Records
When a person is brought to a police station:
* under arrest
¢ is arrested at the police station having attended there voluntarily, or
¢ attends a police station to answer bail
they should be brought before the custody officer as soon as practicable after
their arrival at the station or, if appropriate, following arrest after attending the
police station voluntarily. This applies to designated and non-designated police
stations. A person is deemed to be “at a police station” for these purposes if
they are within the boundary of any building or enclosed yard which forms
part of that police station.
A separate custody record must be opened as soon as practicable for each
person:
* brought to a police station under arrest;
* arrested at the station having gone there voluntarily;
¢ attending a police station in answer to street bail; or
2.2
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¢ produced to a police station from a custodial establishment under section
16 of the Prison (NI) Act 1953.
All information recorded under this Code must be recorded as soon as
practicable in the custody record unless otherwise specified. Any audio or
visual recording made in the custody area is not part of the custody record.
If any action requires the authority of an officer of a specified rank, subject to
paragraph 2.6A, their name and rank must be noted in the custody record.
The custody officer is responsible for the custody record’s accuracy and
completeness and for making sure the record or copy of the record accompanies
a detainee if they are transferred to another police station. The record shall
show the:
* time and reason for transfer;
* time a person is released from detention.
A solicitor or appropriate adult must be permitted to consult a detainee’s C
custody record as soon as practicable after their arrival at the station and at
any other time whilst the person is detained. Arrangements for this access must
be agreed with the custody officer and may not unreasonably interfere with
the custody officer's duties.
When a detainee leaves police detention or is taken before a court they, their
legal representative or appropriate adult shall be given, on request, a copy of
the custody record as soon as practicable. This entitlement lasts for 12 months
after release.
The detainee, appropriate adult or legal representative shall be permitted to
inspect the original custody record after the detainee has left police detention
provided they give reasonable notice of their request. Any such inspection
shall be noted in the custody record.
Subject to paragraph 2.6A, all entries in custody records must be timed and
signed by the maker. Records entered on computer shall be timed and contain
the operator’s identification.
Nothing in this Code requires the identity of officers or other police staff to be
recorded or disclosed if the officer or police staff reasonably believe recording
or disclosing their name might put them in danger. In these cases, they shall
use their police service identification number and the name of their police
station. See Note 2A.
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2.7 The fact and time of any detainee’s refusal to sign a custody record, when
asked in accordance with this Code, must be recorded.
Note for guidance
2A The purpose of paragraph 2.6A is to protect those involved in serious
organised crime investigations or arrests of particularly violent suspects when
there is reliable information that those arrested or their associates may threaten
or cause harm to those involved. In cases of doubt, an officer of inspector rank
or above should be consulted.
3. Initial action
(a) Detained persons - normal procedure
3.1. When a person is brought to a police station under arrest or arrested at the
C station having gone there voluntarily, the custody officer must make sure the
person is told clearly about the following continuing rights which may be
exercised at any stage during the period in custody:
(i) the right to have someone informed of their arrest as in section 5;
(ii) the right to consult privately with a solicitor and that independent legal
advice is available;
(iii) the right to consult these Codes of Practice.
See Note 3D.
3.2. The detainee must also be given:
* awritten notice setting out:
- the above three rights;
- the arrangements for obtaining legal advice;
- the right to a copy of the custody record as in paragraph 2.4A;
- the caution in the terms prescribed in section 10.
* an additional written notice briefly setting out their entitlements while in
custody, see Notes 3A and 3B.
Note: The detainee shall be asked to sign the custody record to acknowledge
receipt of these notices. Any refusal must be recorded on the custody record.
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A citizen of an independent Commonwealth country or a national of a foreign
country, including the Republic of Ireland, must be informed as soon as
practicable about their rights of communication with their High Commission,
Embassy or Consulate. See section 7.
The custody officer shall:
¢ record the offence(s) that the detainee has been arrested for and the reason(s)
for the arrest on the custody record. See paragraph 10.3 and Code G
paragraphs 2.2 and 4.3.
* note on the custody record any comment the detainee makes in relation to
the arresting officer’s account but shall not invite comment. If the arresting
officer is not physically present when the detainee is brought to a police
station, the arresting officer’s account must be made available to the
custody officer remotely or by a third party on the arresting officer's behalf.
If the custody officer authorises a person’s detention the detainee must be
informed of the grounds as soon as practicable and before they are
questioned about any offence;
* note any comment the detainee makes in respect of the decision to detain
them but shall not invite comment;
* not put specific questions to the detainee regarding their involvement in
any offence, nor in respect of any comments they may make in response to
the arresting officer’s account or the decision to place them in detention.
Such an exchange is likely to constitute an interview as in paragraph 11.1A
and require the associated safeguards in section 11.
See paragraph 11.13 in respect of unsolicited comments.
The custody officer shall:
(a) ask the detainee, whether at this time, they:
(i) would like legal advice, see paragraph 6.4;
(ii) want someone informed of their detention, see section 5;
(b) ask the detainee to sign the custody record to confirm their decisions in
respect of (a);
(c) determine whether the detainee:
(i) is, or might be, in need of medical treatment or attentionsee section 9
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(ii) requires:
* an appropriate adult;
¢ help to check documentation;
¢ an interpreter;
(d) record the decision in respect of (c).
3.5A When determining these needs the custody officer is responsible for initiating
an assessment to consider whether the detainee is likely to present specific
risks to custody staff or themselves. Such assessments should always include a
check on the Police National Computer, to be carried out as soon as
practicable, to identify any risks highlighted in relation to the detainee.
Although such assessments are primarily the custody officer’s responsibility, it
may be necessary for them to consult and involve others, e.g. the arresting
officer or forensic medical officer, see paragraph 9.13. Reasons for delaying
the initiation or completion of the assessment must be recorded.
3.5B The Chief Constable should ensure that arrangements for proper and effective
risk assessments required by paragraph 3.5A are implemented in respect of all
detainees at police stations.
3.5C_ Risk assessments must follow a structured process which clearly defines the
categories of risk to be considered and the results must be incorporated in the
detainee’s custody record. The custody officer is responsible for making sure
those responsible for the detainee’s custody are appropriately briefed about the
risks. If no specific risks are identified by the assessment, that should be noted
in the custody record, see paragraph 9.14
3.5D_ The custody officer is responsible for implementing the response to any
specific risk assessment, e.g.:
* reducing opportunities for self harm;
* calling a forensic medical officer;
¢ increasing levels of monitoring or observation.
3.5E Risk assessment is an ongoing process and assessments must always be subject
to review if circumstances change.
3.6 If video cameras are installed in the custody area, notices shall be prominently
displayed showing cameras are in use. Any request to have video cameras
switched off shall be refused.
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3.7
3.8
3.9
(b) Detained persons - special groups
If the detainee appears deaf or there is doubt about their hearing or speaking
ability or ability to understand English, and the custody officer cannot establish
effective communication, the custody officer must, as soon as practicable, call
an interpreter for assistance in the action under paragraphs 3.1-3.5. See
section 13.
If the detainee is a juvenile, the custody officer must, if it is practicable,
ascertain the identity of a person responsible for their welfare. That person:
* may be:
- the parent or guardian;
- if the juvenile is in care, a member of a care authority, or voluntary
organisation, or a person appointed by that authority or organisation to
have responsibility for the juvenile’s welfare;
- any other person who has, for the time being, assumed responsibility
for the juvenile’s welfare.
* must be informed as soon as practicable that the juvenile has been
arrested, why they have been arrested and where they are detained. This
right is in addition to the juvenile’s right in section 5 not to be held
incommunicado. See Note 3C.
If a juvenile is known to be subject to a court order under which a person or
organisation is given any degree of statutory responsibility to supervise or
otherwise monitor them, reasonable steps must also be taken to notify that
person or organisation.
If the detainee is a juvenile, mentally disordered or otherwise mentally
vulnerable, the custody officer must, as soon as practicable:
¢ inform the appropriate adult, who in the case of a juvenile may or may not
be a person responsible for their welfare, as in paragraph 3.8, of:
- the grounds for their detention;
- their whereabouts.
¢ ask the adult to come to the police station to see the detainee.
It is imperative that a mentally disordered or otherwise mentally vulnerable
person, detained under Article 130 of the Mental Health (Northern Ireland)
Order 1986, be assessed as soon as possible. If that assessment is to take place
at the police station, an approved social worker and a registered medical
practitioner shall be called to the station as soon as possible in order to
interview and examine the detainee. Once the detainee has been interviewed,
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examined and suitable arrangements made for their treatment or care, they
can no longer be detained under Article 130. A detainee must be immediately
discharged from detention under Article 130 if a registered medical
practitioner, having examined them, concludes they are not mentally
disordered within the meaning of the Order.
If the appropriate adult is:
¢ already at the police station, the provisions of paragraphs 3.1 to 3.5 must
be complied with in the appropriate adult's presence;
* not at the station when these provisions are complied with, they must be
complied with again in the presence of the appropriate adult when they
arrive.
The detainee shall be advised that:
¢ the duties of the appropriate adult include giving advice and assistance;
* they can consult privately with the appropriate adult at any time.
If the detainee, or appropriate adult on the detainee’s behalf, asks for a
solicitor to be called to give legal advice, the provisions of section 6 apply.
If the detainee is blind, seriously visually impaired or unable to read, the custody
officer shall make sure their solicitor, relative, appropriate adult or some other
person likely to take an interest in them and not involved in the investigation
is available to help check any documentation. When this Code requires written
consent or signing the person assisting may be asked to sign instead, if the
detainee prefers. This paragraph does not require an appropriate adult to be
called solely to assist in checking and signing documentation for a person who
is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see
paragraph 3.10).
(c) Persons attending a police station voluntarily
Anybody attending a police station voluntarily to assist with an investigation
may leave at will unless arrested. See Note 1). If it is decided they shall not be
allowed to leave, they must be informed at once that they are under arrest and
brought before the custody officer, who is responsible for making sure they are
notified of their rights in the same way as other detainees. If they are not
arrested but are cautioned as in section 10, the person who gives the caution
must, at the same time, inform them they are not under arrest, they are not
obliged to remain at the station but if they remain at the station they may
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obtain independent legal advice if they want. They shall be told the right to
legal advice includes the right to speak with a solicitor on the telephone and
be asked if they want to do so.
3.17 If a person attending the police station voluntarily asks about their entitlement
to legal advice, they shall be given a copy of the notice explaining the
arrangements for obtaining legal advice. See paragraph 3.2.
(d) Documentation
3.18 The grounds for a person's detention shall be recorded, in the person’s
presence if practicable.
3.19 Action taken under paragraphs 3.7 to 3.15 shall be recorded.
(e) Persons answering street bail
3.20 When a person is answering street bail, the custody officer should link any
documentation held in relation to arrest with the custody record. Any further
action shall be recorded on the custody record in accordance with paragraphs
3.18 and 3.19 above.
Notes for guidance
3A The notice of entitlements should:
list the entitlements in this Code, including:
- visits and contact with outside parties, including special provisions for
Commonwealth citizens and foreign nationals;
- reasonable standards of physical comfort;
- adequate food and drink;
- access to toilets and washing facilities, clothing, medical attention, and
exercise when practicable.
* mention the:
- provisions relating to the conduct of interviews;
- circumstances in which an appropriate adult should be available to
assist the detainee and their statutory rights to make representation
whenever the period of their detention is reviewed.
3B In addition to notices in English, translations should be available in the main
minority ethnic languages, the principal European languages and other languages
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commonly spoken in the locality, whenever they are likely to be helpful. Audio
versions of the notice should also be made available.
3C If the juvenile is in the care of the Department of Health, Social Services and
Public Safety or a Health and Social Services Board but is living with his
parents or other adults responsible for his welfare then, although there is no
legal obligation to inform them, they as well as the Department or Board
should normally be contacted unless suspected of involvement in the offence
concerned. Even if a juvenile in care is not living with their parents, consideration
should be given to informing them as well.
3D The right to consult the Codes of Practice does not entitle the person
concerned to delay unreasonably any necessary investigative or administrative
action whilst they do so. Examples of action which need not be delayed
unreasonably include:
* procedures requiring the provision of breath, blood or urine specimens
C under the Road Traffic (Northern Ireland) Order 1995,
* searching detainees at the police station
¢ taking fingerprints, footwear impressions or non-intimate samples without
consent for evidential purposes.
4. Detainee’s property
(a) Action
4.1 The custody officer is responsible for:
(a) ascertaining what property a detainee:
(i) has with them when they come to the police station, whether on:
* arrest or re-detention on answering to bail;
* commitment to prison custody on the order or sentence of a court;
¢ lodgement at the police station with a view to their production in
court from prison custody;
* transfer from detention at another station or hospital;
* detention under Article 129 or 130 of the Mental Health
(Northern Ireland) Order 1986;
* remand into police custody on the authority of a court
(ii) might have acquired for an unlawful or harmful purpose while in
custody;
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(iii) remanded to a police station by a magistrate’s court under Article 47
of the Magistrates’ Courts (Northern Ireland ) Order 1981 as
amended by Article 3(1) of the Criminal Justice (Northern Ireland)
Order 1991 (The ‘3 day remand.’),
(iv) produced to a police station from a custodial establishment under
section 16 of the Prison Act (Northern Ireland) 1953;
(b) the safekeeping of any property taken from a detainee which remains at
the police station.
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 as
in Annex A. A search may only be carried out by an officer of the same sex as
the detainee. See Note 4A.
Detainees may retain clothing and personal effects at their own risk unless the C
custody officer considers they may use them to cause harm to themselves or
others, interfere with evidence, damage property, effect an escape or they are
needed as evidence. In this event the custody officer may withhold such articles
as they consider necessary and must tell the detainee why.
Personal effects are those items a detainee may lawfully need, use or refer to
while in detention but do not include cash and other items of value.
(b) Documentation
It is a matter for the custody officer to determine whether a record should be
made of the property a detained person has with him or had taken from him
on arrest. Any record made is not required to be kept as part of the custody
record but the custody record should be noted as to where such a record
exists. Whenever a record is made the detainee shall be allowed to check and
sign the record of property as correct. Any refusal to sign shall be recorded.
If a detainee is not allowed to keep any article of clothing or personal effects,
the reason must be recorded.
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Notes for guidance
4A Article 55(1) of the PACE (NI) Order 1989 and paragraph 4.1 of this Code
require a detainee to be searched when it is clear the custody officer will have
continuing duties in relation to that detainee or when that detainee’s behaviour
or offence makes an inventory appropriate. They do not require every detainee
to be searched, e.g. if it is clear a person will only be detained for a short period
and is not to be placed in a cell, the custody officer may decide not to search
them. In such a case the custody record will be endorsed ‘not searched’,
paragraph 4.4 will not apply, and the detainee will be invited to sign the entry.
If the detainee refuses, the custody officer will be obliged to ascertain what
property they have in accordance with paragraph 4.1.
4B Paragraph 4.4 does not require the custody officer to record on the custody
record property in the detainee’s possession on arrest if, by virtue of its nature,
quantity or size, it is not practicable to remove it to the police station.
GC 4C Paragraph 4.4 does not require items of clothing worn by the person be
recorded unless withheld by the custody officer as in paragraph 4.2.
5. Right not to be held incommunicado
(a) Action
5.1 Any person arrested and held in custody at a police station or other premises
may, on request, have one person known to them or likely to take an interest
in their welfare informed at public expense of their whereabouts as soon as
practicable. If the person cannot be contacted the detainee may choose up to
two alternatives. If they cannot be contacted, the person in charge of detention
or the investigation has discretion to allow further attempts until the information
has been conveyed. See Notes 5C and 5D.
5.2. The exercise of the above right in respect of each person nominated may be
delayed only in accordance with Annex B.
5.3 The above right may be exercised each time a detainee is taken to another
police station.
5.4 The detainee may receive visits at the custody officer's discretion.See Note 5B.
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If a friend, relative or person with an interest in the detainee’s welfare enquires
about their whereabouts, this information shall be given if the suspect agrees
and Annex B does not apply. See Note 5D.
The detainee shall be given writing materials, on request, and allowed to
telephone one person for a reasonable time, see Notes 5A and 5E. Either or
both these privileges may be denied or delayed if an officer of inspector rank
or above considers sending a letter or making a telephone call may result in
any of the consequences in Annex B paragraphs 1 and 2 and the person is
detained in connection with an indictable offence.
Nothing in this paragraph permits the restriction or denial of the rights in
paragraphs 5.1 and 6.1.
Before any letter or message is sent, or telephone call made, the detainee shall
be informed that what they say in any letter, call or message (other than in a
communication to a solicitor) may be read or listened to and may be given in ©
evidence. A telephone call may be terminated if it is being abused. The costs
can be at public expense at the custody officer’s discretion.
Any delay or denial of the rights in this section should be proportionate and
should last no longer than necessary
(b) Documentation
A record must be kept of any:
(a) request made under this section and the action taken;
(b) letters, messages or telephone calls made or received or visit received;
(c) refusal by the detainee to have information about them given to an outside
enquirer. The detainee must be asked to countersign the record
accordingly and any refusal recorded.
Notes for guidance
5A
A person may request an interpreter to interpret a telephone call or translate a
letter.
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5C
5D
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At the custody officer’s discretion, visits should be allowed when possible,
subject to having sufficient personnel to supervise a visit and any possible
hindrance to the investigation.
If the detainee does not know anyone to contact for advice or support or
cannot contact a friend or relative, the custody officer should bear in mind any
local voluntary bodies or other organisations who might be able to help.
Paragraph 6.1 applies if legal advice is required.
In some circumstances it may not be appropriate to use the telephone to
disclose information under paragraphs 5.1 and 5.5.
The telephone call at paragraph 5.6 is in addition to any communication
under paragraphs 5.1 and 6.1.
Right to legal advice
(a) Action
Unless Annex B applies, all detainees must be informed that they may at any
time consult and communicate privately with a solicitor, whether in person, in
writing or by telephone. See paragraph 3.1, Note 6B and Note 6H.
A poster advertising the right to legal advice must be prominently displayed in
the charging area of every police station. See Note 6F.
No police officer or police staff should, at any time, do or say anything with
the intention of dissuading a detainee from obtaining legal advice.
The exercise of the right of access to legal advice may be delayed only as in
Annex B. Whenever legal advice is requested, and unless Annex B applies, the
custody officer must act without delay to secure the provision of such advice.
If, on being informed or reminded of this right, the detainee declines to speak
to a solicitor in person, the officer should point out that the right includes the
right to speak with a solicitor on the telephone. If the detainee continues to
waive this right the officer should ask them why and any reasons should be
recorded on the custody record or the interview record as appropriate.
Reminders of the right to legal advice must be given as in paragraphs 3.5,
11.2, 15.4, 16.4, 16.5, 2B of Annex A and 3 of Annex K and Code D,
paragraphs 3.17(ii) and 6.3. Once it is clear a detainee does not want to speak
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to a solicitor in person or by telephone they should cease to be asked their
reasons. See Note 61.
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 he is adamant that he
does not wish to do so.
A detainee who wants legal advice may not be interviewed or continue to be
interviewed until they have received such advice unless:
(a) Annex B applies, when the restriction on drawing adverse inferences from
silence in Annex C will apply because the detainee is not allowed an
opportunity to consult a solicitor; or
(b) an officer of superintendent rank or above has reasonable grounds for C
believing that:
(i) the consequent delay might:
e lead to interference with, or harm to, evidence connected with
an offence;
¢ lead to interference with, or physical harm to, other people;
* lead to serious loss of, or damage to, property;
¢ lead to alerting other people suspected of having committed an
offence but not yet arrested for it;
¢ hinder the recovery of property obtained in consequence of the
commission of an offence.
(ii) when a solicitor has been contacted and has agreed to attend,
awaiting their arrival would cause unreasonable delay to the process
of investigation.
Note: In these cases the restriction on drawing adverse inferences from
silence in Annex C will apply because the detainee is not allowed an
opportunity to consult a solicitor;
(c)_ the solicitor the detainee has nominated or selected from a list:
(i) cannot be contacted;
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(ii) has previously indicated they do not wish to be contacted; or
(iii) having been contacted, has declined to attend.
In these circumstances the interview may be started or continued without
further delay provided an officer of inspector rank or above has agreed to
the interview proceeding.
Note: The restriction on drawing adverse inferences from silence in Annex
C will not apply because the detainee is allowed an opportunity to
consult a solicitor;
(d)_ the detainee changes their mind, about wanting legal advice.
In these circumstances the interview may be started or continued without
delay provided that:
(i) the detainee agrees to do so, in writing or on the interview record
made in accordance with Code E or F; and
(ii) an officer of inspector rank or above has inquired about the detainee’s
reasons for their change of mind and gives authority for the interview
to proceed.
Confirmation of the detainee’s agreement, their change of mind, the
reasons for it if given and, subject to paragraph 2.6A, the name of the
authorising officer shall be recorded in the taped or written interview
record. See Note 6G.
Note: In these circumstances the restriction on drawing adverse inferences
from silence in Annex C will not apply because the detainee is allowed an
opportunity to consult a solicitor if they wish.
If paragraph 6.5(b)(i) applies, once sufficient information has been obtained to
avert the risk, questioning must cease until the detainee has received legal
advice unless paragraph 6.5(a), (b)(ii), (c) or (d) applies.
A detainee who has been permitted to consult a solicitor shall be entitled on
request to have the solicitor present when they are interviewed unless one of
the exceptions in paragraph 6.5 applies.
6.8
6.9
6.10
6.12
6.13
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The solicitor may only be required to leave the interview if their conduct is
such that the interviewer is unable properly to put questions to the suspect.
See Notes 6C and 6D.
If the interviewer considers a solicitor is acting in such a way, they will stop
the interview and consult an officer not below superintendent rank, if one is
readily available, and otherwise an officer not below inspector rank not
connected with the investigation. After speaking to the solicitor, the officer
consulted will decide if the interview should continue in the presence of that
solicitor. If they decide it should not, the suspect will be given the opportunity
to consult another solicitor before the interview continues and that solicitor
given an opportunity to be present at the interview. See Note 6D.
The removal of a solicitor from an interview is a serious step and, if it occurs,
the officer of superintendent rank or above who took the decision will
consider if the incident should be reported to the Law Society. If the decision
to remove the solicitor has been taken by an officer below superintendent C
rank, the facts must be reported to an officer of superintendent rank or above
who will similarly consider whether a report to the Law Society would be
appropriate.
In this code ‘solicitor’ means a solicitor qualified to practice in accordance
with the Solicitors (Northern Ireland) Order 1976 or the Solicitors Act 1974.
If a solicitor arrives at the station to see a particular person, that person must,
unless Annex B applies, be so informed whether or not they are being
interviewed and asked if they would like to see the solicitor. This applies even
if the detainee has declined legal advice or, having requested it, subsequently
agreed to be interviewed without receiving advice. The solicitor’s attendance
and the detainee’s decision must be noted in the custody record. (The person
shall be asked to sign the custody record to confirm his decision. The custody
officer shall note any refusal to do so on the custody record.)
(b) Documentation
Any request for legal advice and the action taken shall be recorded.
A record shall be made in the interview record if a detainee asks for legal
advice and an interview is begun either in the absence of a solicitor or their
representative, or they have been required to leave an interview.
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Notes for guidance
6A In considering if paragraph 6.5(b) applies, the officer should, if practicable, ask
the solicitor for an estimate of how long it will take to come to the station and
relate this to the time detention is permitted, the time of day (i.e. whether the
rest period under paragraph 12.2 is imminent) and the requirements of other
investigations. If the solicitor is on their way or is to set off immediately, it will
not normally be appropriate to begin an interview before they arrive. If it
appears necessary to begin an interview before the solicitor’s arrival, they
should be given an indication of how long the police would be able to wait
before 6.5(b) applies so there is an opportunity to make arrangements for
someone else to provide legal advice.
6B A detainee who asks for legal advice should be given an opportunity to
consult a specific solicitor or another solicitor from that solicitor’s firm. If
advice is not available by these means, the detainee should be given an
opportunity to choose a solicitor from a list of those willing to provide legal
advice. If this solicitor is unavailable, they may choose up to two alternatives.
If these attempts are unsuccessful, the custody officer has discretion to allow
further attempts until a solicitor has been contacted and agrees to provide
legal advice. Apart from carrying out these duties, an officer must not advise
the suspect about any particular firm of solicitors.
6C A detainee has a right to legal advice and to be represented by a solicitor. The
solicitor’s only role in the police station is to protect and advance the legal
rights of their client. On occasions this may require the solicitor to give advice
which has the effect of the client avoiding giving evidence which strengthens a
prosecution case. The solicitor may intervene in order to seek clarification,
challenge an improper question to their client or the manner in which it is put,
advise their client not to reply to particular questions, or if they wish to give
their client further legal advice. Paragraph 6.8 only applies if the solicitor’s
approach or conduct prevents or unreasonably obstructs proper questions
being put to the suspect or the suspect’s response being recorded. Examples of
unacceptable conduct include answering questions on a suspect's behalf or
providing written replies for the suspect to quote.
6D _ An officer who takes the decision to exclude a solicitor must be in a position
to satisfy the court the decision was properly made. In order to do this they
may need to witness what is happening.
6E
6F
6G
6H
6l
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Subject to the constraints of Annex B, a solicitor may advise more than one
client in an investigation if they wish. Any question of a conflict of interest is
for the solicitor under their professional code of conduct. If, however, waiting
for a solicitor to give advice to one client may lead to unreasonable delay to
the interview with another, the provisions of paragraph 6.5(b) may apply.
In addition to a poster in English, a poster or posters containing translations
into the main minority ethnic languages, the principal European languages and
any other languages commonly spoken in the locality should be displayed
wherever they are likely to be helpful and it is practicable to do so.
Paragraph 6.5(d) requires the authorisation of an officer of inspector rank or
above to the continuation of an interview when a detainee who wanted legal
advice changes their mind. It is permissible for such authorisation to be given
over the telephone, if the authorising officer is able to satisfy themselves about
the reason for the detainee’s change of mind and is satisfied it is proper to
continue the interview in those circumstances. C
Whenever a detainee exercises their right to legal advice by consulting or
communicating with a solicitor, they must be allowed to do so in private. This
right to consult or communicate in private is fundamental. If the requirement
for privacy is compromised because what is said or written by the detainee or
solicitor for the purpose of giving and receiving legal advice is overheard,
listened to, or read by others without the informed consent of the detainee, the
right will effectively have been denied. When a detainee chooses to speak to a
solicitor on the telephone, they should be allowed to do so in private unless
this is impractical because of the design and layout of the custody area or the
location of telephones. However, the normal expectation should be that facilities
will be available, unless they are being used, at all police stations to enable
detainees to speak in private to a solicitor either face to face or over the telephone.
A detainee is not obliged to give reasons for declining legal advice and should
not be pressed to do so.
When the detainee is a juvenile, the Custody Officer should emphasise their
right to and the importance of legal advice and that such legal advice can be
made available quickly.
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7. Citizens of independent Commonwealth countries or
foreign nationals
(a) Action
7.1 Any citizen of an independent Commonwealth country or a national of a
foreign country, including the Republic of Ireland, may communicate at any
time with the appropriate High Commission, Embassy or Consulate. The
detainee must be informed as soon as practicable of:
¢ this right;
¢ their right, upon request, to have their High Commission, Embassy or
Consulate told of their whereabouts and the grounds for their detention.
Such a request should be acted upon as soon as practicable.
7.2 Ifa detainee is a citizen of a country with which a bilateral consular
convention or agreement is in force requiring notification of arrest, the
appropriate High Commission, Embassy or Consulate shall be informed as
CG soon as practicable, subject to paragraph 7.4. The countries to which this
applies as at 1st April 2003 are listed in Annex F.
7.3. Consular officers may visit one of their nationals in police detention to talk to
them and, if required, to arrange for legal advice. Such visits shall take place
out of the hearing of a police officer.
7.4 Notwithstanding the provisions of consular conventions, if the detainee is a
political refugee whether for reasons of race, nationality, political opinion or
religion, or is seeking political asylum, consular officers shall not be informed
of the arrest of one of their nationals or given access or information about
them except at the detainee’s express request.
(b) Documentation
7.5. Arecord shall be made when a detainee is informed of their rights under this
section and of any communications with a High Commission, Embassy or
Consulate.
Note for guidance
7A The exercise of the rights in this section may not be interfered with even
though Annex B applies.
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8.2
8.3
8.4
8.5
8.6
8.7
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Conditions of detention
(a) Action
So far as it is practicable, not more than one detainee should be detained in
each cell.
Cells in use must be adequately heated, cleaned and ventilated. They must be
adequately lit, subject to such dimming as is compatible with safety and security
to allow people detained overnight to sleep. No additional restraints shall be
used within a locked cell unless absolutely necessary and then only restraint
equipment, approved for use by the Chief Constable, which is reasonable and
necessary in the circumstances having regard to the detainee’s demeanour and
with a view to ensuring their safety and the safety of others. If a detainee is
deaf, mentally disordered or otherwise mentally vulnerable, particular care
must be taken when deciding whether to use any form of approved restraints.
Blankets, mattresses, pillows and other bedding supplied shall be of a C
reasonable standard and in a clean and sanitary condition. See Note 8A.
Access to toilet and washing facilities must be provided.
If it is necessary to remove a detainee’s clothes for the purposes of investigation,
for hygiene, health reasons or cleaning, replacement clothing of a reasonable
standard of comfort and cleanliness shall be provided. A detainee may not be
interviewed unless adequate clothing has been offered.
At least two light meals and one main meal should be offered in any 24 hour
period. See Note 8B. Drinks should be provided at meal times and upon
reasonable request between meals. Whenever necessary, advice shall be sought
from the Forensic Medical Officer on medical and dietary matters. As far as
practicable, meals provided shall offer a varied diet and meet any specific
dietary needs or religious beliefs the detainee may have. The detainee may, at
the custody officer’s discretion, have meals supplied by their family or friends
at their expense. See Note 8A.
Brief outdoor exercise shall be offered daily if practicable.
A juvenile shall not be placed in a police cell unless no other secure
accommodation is available and the custody officer considers it is not
practicable to supervise them if they are not placed in a cell or that a cell
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provides more comfortable accommodation than other secure accommodation
in the station. A juvenile may not be placed in a cell with a detained adult.
8.9 Reasonable force may be used if necessary for the following purposes:
(i) to secure compliance with reasonable instructions, including instructions
given in pursuance of the provisions of a code of practice; or
(ii) to prevent escape, injury, damage to property or the destruction of
evidence.
(b) Documentation
8.10 Arecord must be kept of replacement clothing and meals offered.
8.11 If a juvenile is placed in a cell, the reason must be recorded.
8.12 The use of any restraints on a detainee whilst in a cell, the reasons for it and, if
appropriate, the arrangements for enhanced supervision of the detainee whilst
so restrained, shall be recorded. See paragraph 3.5D.
Notes for Guidance
8A The provisions in paragraph 8.3 and 8.6 are of particular importance in the
case of persons likely to be detained for an extended period. In deciding
whether to allow meals to be supplied by family or friends, the custody officer
is entitled to take account of the risk of items being concealed in any food or
package and the officer’s duties and responsibilities under food handling
legislation.
8B Meals should, so far as practicable, be offered at recognised meal times, or at
other times that take account of when the detainee last had a meal.
9. Care and treatment of detained persons
(a) General
9.1 Nothing in this section prevents the police from calling the forensic medical
officer, to examine a detainee for the purposes of obtaining evidence relating to
any offence in which the detainee is suspected of being involved.
9.2
9.3
9.4
9.5
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If a complaint is made by, or on behalf of, a detainee about their treatment
since their arrest, or it comes to notice that a detainee may have been treated
improperly, a report must be made as soon as practicable to an officer of
inspector rank or above not connected with the investigation. If the matter
concerns a possible assault or the possibility of the unnecessary or unreasonable
use of force, a forensic medical officer must also be called as soon as practicable.
Detainees should be visited at least every hour. If no reasonably foreseeable
risk was identified in a risk assessment, see paragraphs 3.5A - 3.5E, there is no
need to wake a sleeping detainee. Those suspected of being intoxicated
through drink or drugs or having swallowed drugs, see Note 9C, or whose
level of consciousness causes concern must, subject to any clinical directions
given by the forensic medical officer, see paragraph 9.13:
¢ be visited and roused at least every half hour
* have their condition assessed as in Annex H
¢ and clinical treatment arranged if appropriate
See Notes 9A, 9B and 9H.
When arrangements are made to secure clinical attention for a detainee, the
custody officer must make sure all relevant information which might assist in
the treatment of the detainee’s condition is made available to the forensic
medical officer. This applies whether or not the forensic medical officer asks
for such information. Any officer or police staff with relevant information must
inform the custody officer as soon as practicable.
(b) Clinical treatment and attention
The custody officer must make sure a detainee receives appropriate clinical
attention as soon as reasonably practicable if the person:
(a) appears to be suffering from physical illness; or
(b) is injured; or
(c) appears to be suffering from a mental disorder; or
(d) appears to need clinical attention.
This applies even if the detainee makes no request for clinical attention and
whether or not they have already received clinical attention elsewhere. If the
need for attention appears urgent, e.g. when indicated as in Annex H, the
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nearest available forensic medical officer or an ambulance must be called
immediately.
The custody officer must also consider the need for clinical attention as set out in
Note for Guidance 9B in relation to those suffering the effects of alcohol or drugs.
Paragraph 9.5 is not meant to prevent or delay the transfer to a hospital if
necessary of a person detained under Article 130 of the Mental Health (Northern
Ireland) Order 1986. See Note 9D. When an assessment under that Order takes
place at a police station, see paragraph 3.11, the custody officer must consider
whether a forensic medical officer should be called to conduct an initial clinical
check on the detainee.
If it appears to the custody officer, or they are told, that a person brought to a
station under arrest may be suffering from an infectious disease or condition,
the custody officer must take reasonable steps to safeguard the health of the
detainee and others at the station. In deciding what action to take, advice must
be sought from a forensic medical officer. See Note 9E. The custody officer has
discretion to isolate the person and their property until clinical directions have
been obtained.
If a detainee requests a clinical examination, a forensic medical officer must
be called as soon as practicable to assess the detainee’s clinical needs. The
detainee may also be examined by a medical practitioner of their choice at
their expense.
If a detainee is required to take or apply any medication in compliance with
clinical directions prescribed before their detention, the custody officer must
consult the forensic medical officer before the use of the medication. Subject
to the restrictions in paragraph 9.10, the custody officer is responsible for the
safekeeping of any medication and for making sure the detainee is given the
opportunity to take or apply prescribed or approved medication. Any such
consultation and its outcome shall be noted in the custody record.
No police officer may administer or supervise the self-administration of
medically prescribed controlled drugs of the types and forms listed in the
Misuse of Drugs Regulations 2001, Schedule 2 or 3. A detainee may only self-
administer such drugs under the personal supervision of the forensic medical
officer authorising their use. Drugs listed in Schedule 4 or 5 may be distributed
by the custody officer for self-administration if they have consulted the forensic
medical officer authorising their use, this may be done by telephone, and both
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parties are satisfied self-administration will not expose the detainee, police
officers or anyone else to the risk of harm or injury.
9.11 When forensic medical officers administer drugs or other medications, or
supervise their self-administration, it must be within current medicines
legislation and the scope of practice as determined by their relevant
professional body.
9.12 If a detainee has in their possession, or claims to need, medication relating to
a heart condition, diabetes, epilepsy or a condition of comparable potential
seriousness then, even though paragraph 9.5 may not apply, the advice of the
forensic medical officer must be obtained.
9.13 Whenever the forensic medical officer is called in accordance with this
section to examine or treat a detainee, the custody officer shall ask for their
opinion about:
* any risks or problems which police need to take into account when
making decisions about the detainee’s continued detention;
¢ when to carry out an interview if applicable; and
¢ the need for safeguards.
9.14. When clinical directions are given by the forensic medical officer, whether
orally or in writing, and the custody officer has any doubts or is in any way
uncertain about any aspect of the directions, the custody officer shall ask for
clarification. It is particularly important that directions concerning the frequency
of visits are clear, precise and capable of being implemented. See Note 9F.
(c) Documentation
9.15 A record must be made in the custody record of:
(a) the arrangements made for an examination by a forensic medical officer
under paragraph 9.2 and of any complaint reported under that paragraph
together with any relevant remarks by the custody officer;
(b) any arrangements made in accordance with paragraph 9.5;
(c) any request for a clinical examination under paragraph 9.8 and any
arrangements made in response;
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(d)_ the injury, ailment, condition or other reason which made it necessary to
make the arrangements in (a) to (c), see Note 9G;
(e) any clinical directions and advice, including any further clarifications,
given to police by a forensic medical officer concerning the care and
treatment of the detainee in connection with any of the arrangements
made in (a) to (c), see Note 9F;
(f) if applicable, the responses received when attempting to rouse a person
using the procedure in Annex H, see Note 9H.
9.16 If a forensic medical officer does not record their clinical findings in the
custody record, the record must show where they are recorded. See Note 9G.
However, information which is necessary to custody staff to ensure the
effective ongoing care and well being of the detainee must be recorded openly
in the custody record, see paragraph 3.5C and Annex G, paragraph 7.
9.17 Subject to the requirements of Section 4, the custody record shall include:
* a record of all medication a detainee has in their possession on arrival at
the police station;
* anote of any such medication they claim to need but do not have with
them.
Notes for Guidance
9A Whenever possible juveniles and mentally vulnerable detainees should be
visited more frequently.
9B A detainee who appears drunk or behaves abnormally may be suffering from
illness, the effects of drugs or may have sustained injury, particularly a head
injury which is not apparent. A detainee needing or dependent on certain
drugs, including alcohol, may experience harmful effects within a short time of
being deprived of their supply. In these circumstances, when there is any
doubt, police should always act urgently to call a forensic medical officer or
an ambulance. Paragraph 9.5 does not apply to minor ailments or injuries
which do not need attention. However, all such ailments or injuries must be
recorded in the custody record and any doubt must be resolved in favour of
calling the forensic medical officer.
9C Paragraph 9.3 would apply to a person in police custody by order of a
magistrates’ court under the Criminal Justice Act 1988, section 152 (as
9D
9E
OF
9G
9H
10.
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amended by the Drugs Act 2005, section 8) to facilitate the recovery of
evidence after being charged with drug possession or drug trafficking and
suspected of having swallowed drugs. In the case of the healthcare needs of a
person who has swallowed drugs, the custody officer subject to any clinical
directions, should consider the necessity for rousing every half hour. This does
not negate the need for regular visiting of the suspect in the cell.
Whenever practicable, arrangements should be made for persons detained for
assessment under Article 130 of the Mental Health (NI) Order 1986, to be
taken to a hospital. There is no power under that Order to transfer a person
detained under Article 130 from one place of safety to another place of safety
for assessment.
It is important to respect a person’s right to privacy and information about their
health must be kept confidential and only disclosed with their consent or in
accordance with clinical advice when it is necessary to protect the detainee’s
health or that of others who come into contact with them. C
The custody officer should always seek to clarify directions that the detainee
requires constant observation or supervision and should ask the forensic
medical officer to explain precisely what action needs to be taken to
implement such directions.
Paragraphs 9.15 and 9.16 do not require any information about the cause of
any injury, ailment or condition to be recorded on the custody record if it
appears capable of providing evidence of an offence.
The purpose of recording a person’s responses when attempting to rouse them
using the procedure in Annex H is to enable any change in the individual’s
consciousness level to be noted and clinical treatment arranged if appropriate.
Cautions
(a) When a caution must be given
A person whom there are grounds to suspect of an offence, see Note 10A,
must be cautioned before any questions about an offence, or further questions
if the answers provide the grounds for suspicion, are put to them if either the
suspect's answers or silence, (i.e. failure or refusal to answer or answer
satisfactorily) may be given in evidence to a court in a prosecution. A person
need not be cautioned if questions are for other necessary purposes, e.g.:
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(a) solely to establish their identity or ownership of any vehicle;
(b) to obtain information in accordance with any relevant statutory
requirement, see paragraph 10.9;
(c)_ in furtherance of the proper and effective conduct of a search, e.g. to
determine the need to search in the exercise of powers of stop and search
or to seek co-operation while carrying out a search;
(d)_ to seek verification of a written record as in paragraph 11.13;
10.2 Whenever a person not under arrest is initially cautioned, or reminded they
are under caution, that person must at the same time be told they are not
under arrest and are free to leave if they want to. See Note 10C.
10.3. A person who is arrested, or further arrested, must be informed at the time, or
as soon as practicable thereafter, that they are under arrest and the grounds for
their arrest, see paragraph 3.4, Note 10B and Code G, paragraphs 2.2 and 4.3.
10.4 As per Code G, section 3, a person who is arrested, or further arrested, must
also be cautioned unless:
(a) it is impracticable to do so by reason of their condition or behaviour at
the time;
(b) they have already been cautioned immediately prior to arrest as in
paragraph 10.1.
(b) Terms of the cautions
10.5 The caution which must be given on:
(a) arrest;
(b) all other occasions before a person is charged or informed they may be
prosecuted, see section 16,
should, unless the restriction on drawing adverse inferences from silence
applies, see Annex C, be in the following terms:
“You do not have to say anything, but I must caution you that if you do
not mention when questioned something which you later rely on in Court,
10.6
10.7
10.8
10.9
(c)
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it may harm your defence. If you do say anything it may be given in
evidence.”
See Note 10G.
Annex C, paragraph 2 sets out the alternative terms of the caution to be used
when the restriction on drawing adverse inferences from silence applies.
Minor deviations from the words of any caution given in accordance with this
Code do not constitute a breach of this Code, provided the sense of the
relevant caution is preserved. See Note 10D.
After any break in questioning under caution, the person being questioned must
be made aware they remain under caution. If there is any doubt the relevant
caution should be given again in full when the interview resumesSee Note 10E.
When, despite being cautioned, a person fails to co-operate or to answer
particular questions which may affect their immediate treatment, the person ©
should be informed of any relevant consequences and that those
consequences are not affected by the caution. Examples are when a person’s
refusal to provide:
¢ their name and address when charged may make them liable to detention;
* particulars and information in accordance with a statutory requirement, e.g.
under the Road Traffic (Northern Ireland) Order 1995, may amount to an
offence or may make the person liable to a further arrest.
Special warnings under the Criminal Evidence (Northern Ireland)
Order 1988, Articles 5 and 6.
When a suspect interviewed at a police station or authorised place of
detention after arrest fails or refuses to answer certain questions, or to answer
satisfactorily, after due warning, see Note 10F, a court or jury may draw such
inferences as appear proper under the Criminal Evidence (Northern Ireland)
Order 1988, Articles 5 and 6. Such inferences may only be drawn when:
(a) the restriction on drawing adverse inferences from silence, see Annex C,
does not apply; and
(b) the suspect is arrested by a constable and fails or refuses to account for
any objects, marks or substances, or marks on such objects found:
* on their person;
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¢ in or on their clothing or footwear;
¢ otherwise in their possession; or
¢ in the place they were arrested;
(c)_ the arrested suspect was found by a constable at a place at or about the
time the offence for which that officer has arrested them is alleged to have
been committed, and the suspect fails or refuses to account for their
presence there.
When the restriction on drawing adverse inferences from silence applies, the
suspect may still be asked to account for any of the matters in (b) or (c) but the
special warning described in paragraph 10.11will not apply and must not be
given.
10.11 For an inference to be drawn when a suspect fails or refuses to answer a
question about one of these matters or to answer it satisfactorily, the suspect
must first be told in ordinary language:
(a) what offence is being investigated;
(b) what fact they are being asked to account for;
(c)_ this fact may be due to them taking part in the commission of the offence;
(d) a court may draw a proper inference if they fail or refuse to account for
this fact;
(e) a record is being made of the interview and it may be given in evidence if
they are brought to trial.
(d) Juveniles and persons who are mentally disordered or otherwise
mentally vulnerable
10.12 If a juvenile or a person who is mentally disordered or otherwise mentally
vulnerable is cautioned in the absence of the appropriate adult, the caution
must be repeated in the adult’s presence (unless the interview has by then
already finished).
(e) Documentation
10.13 A record shall be made when a caution is given under this section, either in
the interviewer's official note book or in the interview record.
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Notes for guidance
10A
10B
10C
10D
10E
10F
10G
There must be some reasonable, objective grounds for the suspicion, based on
known facts or information which are relevant to the likelihood the offence
has been committed and the person to be questioned committed it.
An arrested person must be given sufficient information to enable them to under
stand that they have been deprived of their liberty and the reason they have been
arrested, e.g. when a person is arrested on suspicion of committing an offence
they must be informed of the suspected offence’s nature, when and where it was
committed. The suspect must also be informed of the reason or reasons why the
arrest is considered necessary. Vague or technical language should be avoided.
The restriction on drawing inferences from silence, see Annex C, paragraph 1,
does not apply to a person who has not been detained and who therefore
cannot be prevented from seeking legal advice if they wantsee paragraph 3.16.
If it appears a person does not understand the caution, the person giving it
should explain it in their own words.
It may be necessary to show to the court that nothing occurred during an
interview break or between interviews which influenced the suspect's recorded
evidence. After a break in an interview or at the beginning of a subsequent
interview, the interviewing officer should summarise the reason for the break
and confirm this with the suspect.
The Criminal Evidence (Northern Ireland) Order 1988, Articles 5 and 6 apply
only to suspects who have been arrested by a constable or Customs and Excise
officer and are given the relevant warning by the police or customs officer
who made the arrest or who is investigating the offence. They do not apply to
any interviews with suspects who have not been arrested.
Nothing in this Code requires a caution to be given or repeated when
informing a person not under arrest they may be prosecuted for an offence.
However, a court will not be able to draw any inferences under the Criminal
Evidence (Northern Ireland) Order 1988, Article 3, if the person was not
cautioned.
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11. Interviews — general
(a) Action
11.1A An interview is the questioning of a person regarding their involvement or
suspected “involvement in a criminal offence or offences which, under
paragraph 10.1, must be carried out under caution. Whenever a person is
interviewed they must be informed of the nature of the offence, or further
offence. Procedures under the Road Traffic (Northern Ireland) Order 1995,
Article 18, do not constitute interviewing for the purpose of this Code.
11.1B A detained person may not be interviewed in connection with any offence(s)
for which he has been arrested unless detention has been authorised by the
custody officer in respect of each offence.
11.1 Following a decision to arrest a suspect, they must not be interviewed about
the relevant offence except at a police station or other authorised place of
detention, unless the consequent delay would be likely to:
(a) lead to:
¢ interference with, or harm to, evidence connected with an offence;
¢ interference with, or physical harm to, other people; or
¢ serious loss of, or damage to, property;
(b) lead to alerting other people suspected of committing an offence but not
yet arrested for it; or
(c) hinder the recovery of property obtained in consequence of the
commission of an offence.
Interviewing in any of these circumstances shall cease once the relevant risk
has been averted or the necessary questions have been put in order to attempt
to avert that risk.
11.2 Immediately prior to the commencement or re-commencement of any interview
at a police station or other authorised place of detention, the interviewer should
remind the suspect of their entitlement to legal advice and that the interview
can be delayed for legal advice to be obtained, unless one of the exceptions in
paragraph 6.5 applies. It is the interviewer's responsibility to make sure all
reminders are recorded in the interview record.
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At the beginning of an interview the interviewer, after cautioning the suspect,
see section 10, shall put to them any significant statement or silence which
occurred in the presence and hearing of a police officer or other police staff
before the start of the interview and which has not been put to the suspect in
the course of a previous interview. See Note 11A. The interviewer shall ask the
suspect whether they confirm or deny that earlier statement or silence and if
they want to add anything.
A significant statement is one which appears capable of being used in evidence
against the suspect, in particular a direct admission of guilt. A significant
silence is a failure or refusal to answer a question or answer satisfactorily when
under caution, which might, allowing for the restriction on drawing adverse
inferences from silence, see Annex C, give rise to an inference under Articles
3, 5 or 6 of the Criminal Evidence (Northern Ireland) Order 1988.
No interviewer may try to obtain answers or elicit a statement by the use of
oppression. Except as in paragraph 10.9, no interviewer shall indicate, except
to answer a direct question, what action will be taken by the police if the
person being questioned answers questions, makes a statement or refuses to
do either. If the person asks directly what action will be taken if they answer
questions, make a statement or refuse to do either, the interviewer may inform
them what action the police propose to take provided that action is itself
proper and warranted.
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:
(a) 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, this includes 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;
(b) the officer in charge of the investigation has taken account of any other
available evidence; and
(c)_ the officer in charge of the investigation, or in the case of a detained
suspect, the custody officer, see paragraph 16.1, reasonably believes there
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is sufficient evidence to provide a realistic prospect of conviction for that
offence. See Note 11B.
This paragraph does not prevent officers in revenue cases or acting under the
confiscation provisions of the Criminal Justice (Confiscation) (Northern Ireland)
Order 1990, from inviting suspects to complete a formal question and answer
record after the interview is concluded.
(b) Interview records
11.7. (a) An accurate record must be made of each interview, whether or not the
interview takes place at a police station
(b) The record must state the place of interview, the time it begins and ends,
any interview breaks and, subject to paragraph 2.6A, the names of all those
present; and must be made on the forms provided for this purpose or in
the officer’s note book or in accordance with the Codes of Practice E or F;
(c) Any written record must be made and completed during the interview,
unless this would not be practicable or would interfere with the conduct
of the interview, and must constitute either a verbatim record of what has
been said or, failing this, an account of the interview which adequately
and accurately summarises it.
11.8 Ifa written record is not made during the interview it must be made as soon as
practicable after its completion.
11.9 Written interview records must be timed and signed by the maker.
11.10 Ifa written record is not completed during the interview the reason must be
recorded in the interview record.
11.11 Unless it is impracticable, the person interviewed shall be given the
opportunity to read the interview record and to sign it as correct or to indicate
how they consider it inaccurate. If the person interviewed cannot read or
refuses to read the record or sign it, the senior interviewer present shall read it
to them and ask whether they would like to sign it as correct or make their
mark or to indicate how they consider it inaccurate. The interviewer shall
certify on the interview record itself what has occurred. See Note 11E.
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11.12. If the appropriate adult or the person’s solicitor is present during the interview,
they should also be given an opportunity to read and sign the interview record
or any written statement taken down during the interview.
11.13 A written record shall be made of any comments made by a suspect, including
unsolicited comments, which are outside the context of an interview but
which might be relevant to the offence. Any such record must be timed and
signed by the maker. When practicable the suspect shall be given the
opportunity to read that record and to sign it as correct or to indicate how
they consider it inaccurate. See Note 17E.
11.14 Any refusal by a person to sign an interview record when asked in accordance
with this Code must itself be recorded.
(c) Juveniles and mentally disordered or otherwise mentally
vulnerable people. C
11.15 A juvenile or person who is mentally disordered or otherwise mentally
vulnerable must not be interviewed regarding their involvement or suspected
involvement in a criminal offence or offences, or asked to provide or sign a
written statement under caution or record of interview, in the absence of the
appropriate adult unless paragraphs 11.1, 11.18 to 11.20 apply. See Note 11C.
11.16 Juveniles may only be interviewed at their place of education in exceptional
circumstances and only when the principal or their nominee agrees. Every effort
should be made to notify the parent(s) or other person responsible for the
juvenile’s welfare and the appropriate adult, if this is a different person, that the
police want to interview the juvenile and reasonable time should be allowed
to enable the appropriate adult to be present at the interview. If awaiting the
appropriate adult would cause unreasonable delay, and unless the juvenile is
suspected of an offence against the educational establishment, the principal or
their nominee can act as the appropriate adult for the purposes of the interview.
11.17 If an appropriate adult is present at an interview, they shall be informed:
¢ they are not expected to act simply as an observer; and
¢ the purpose of their presence is to:
- advise the person being interviewed;
- observe whether the interview is being conducted properly and fairly;
- facilitate communication with the person being interviewed.
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11.19
11.20
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(d) Vulnerable suspects - urgent interviews at police stations
The following persons may not be interviewed unless an officer of super-
intendent rank or above considers delay will lead to the consequences in
paragraph 11.1(a) to (c), and is satisfied the interview would not significantly
harm the person’s physical or mental state (see Annex G):
(a) a juvenile or person who is mentally disordered or otherwise mentally
vulnerable if at the time of the interview the appropriate adult is not present;
(b) anyone other than in (a) who at the time of the interview appears unable to:
¢ appreciate the significance of questions and their answers; or
¢ understand what is happening because of the effects of drink, drugs or
any illness, ailment or condition;
(c)_ a person who has difficulty understanding English or has a hearing
disability, if at the time of the interview an interpreter is not present.
These interviews may not continue once sufficient information has been
obtained to avert the consequences in paragraph 11.1(a) to (c).
A record shall be made of the grounds for any decision to interview a person
under paragraph 11.18.
Notes for guidance
1A
11B
11C
Paragraph 11.3 does not prevent the interviewer from putting significant
statements and silences to a suspect again at a later stage or a further interview.
The Criminal Procedure and Investigations Act 1996 Code of Practice,
paragraph 3.4 states ‘In conducting an investigation, the investigator should
pursue all reasonable lines of enquiry, whether these point towards or away
from the suspect. What is reasonable will depend on the particular
circumstances.’ Interviewers should keep this in mind when deciding what
questions to ask in an interview.
Although juveniles or people who are mentally disordered or otherwise mentally
vulnerable are often capable of providing reliable evidence, they may, without
knowing or wishing to do so, be particularly prone in certain circumstances to
provide information that may be unreliable, misleading or self-incriminating.
Special care should always be taken when questioning such a person, and the
appropriate adult should be involved if there is any doubt about a person’s age,
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mental state or capacity. Because of the risk of unreliable evidence it is also
important to obtain corroboration of any facts admitted whenever possible.
11D Juveniles should not be arrested at their place of education unless this is
unavoidable. When a juvenile is arrested at their place of education, the principal
or their nominee must be informed.
11E Significant statements described in paragraph 11.3 will always be relevant to
the offence and must be recorded. When a suspect agrees to read records of
interviews and other comments and sign them as correct, they should be
asked to endorse the record with, e.g. ‘I agree that this is a correct record of
what was said’ and add their signature. If the suspect does not agree with the
record, the interviewer should record the details of any disagreement and ask
the suspect to read these details and sign them to the effect that they accurately
reflect their disagreement. Any refusal to sign should be recorded.
12. Interviews in police stations C
(a) Action
12.1 Ifa police officer wants to interview or conduct enquiries which require the
presence of a detainee, the custody officer is responsible for deciding whether
to deliver the detainee into the officer's custody.
12.2 Except as below, in any period of 24 hours a detainee must be allowed a
continuous period of at least 8 hours for rest, free from questioning, travel or
any interruption in connection with the investigation concerned. This period
should normally be at night or other appropriate time which takes account of
when the detainee last slept or rested. If a detainee is arrested at a police
station after going there voluntarily, the period of 24 hours runs from the time
of their arrest and not the time of arrival at the police station. The period may
not be interrupted or delayed, except:
(a) when there are reasonable grounds for believing not delaying or
interrupting the period would:
(i) involve a risk of harm to people or serious loss of, or damage to,
property;
(ii) delay unnecessarily the person’s release from custody;
(iii) otherwise prejudice the outcome of the investigation;
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(b) at the request of the detainee, their appropriate adult or legal
representative;
(c) when a delay or interruption is necessary in order to:
(i) comply with the legal obligations and duties arising under section 15;
(ii) take action required under section 9 or in accordance with medical
advice.
If the period is interrupted in accordance with (a), a fresh period
must be allowed. Interruptions under (b) and (c), do not require a
fresh period to be allowed.
12.3. Before a detainee is interviewed the custody officer, in consultation with the
officer in charge of the investigation and the forensic medical officer as
necessary, shall assess whether the detainee is fit enough to be interviewed.
This means determining and considering the risks to the detainee’s physical
and mental state if the interview took place and determining what safeguards are
needed to allow the interview to take place. See Annex G. The custody officer
shall not allow a detainee to be interviewed if the custody officer considers it
would cause significant harm to the detainee’s physical or mental state.
Vulnerable suspects listed at paragraph 11.18 shall be treated as always being
at some risk during an interview and these persons may not be interviewed
except in accordance with paragraphs 11.18 to 11.20.
12.4 As far as practicable interviews shall take place in interview rooms which are
adequately heated, lit and ventilated.
12.5 A suspect whose detention without charge has been authorised under PACE,
because the detention is necessary for an interview to obtain evidence of the
offence for which they have been arrested, may choose not to answer
questions but police do not require the suspect’s consent or agreement to
interview them for this purpose. If a suspect takes steps to prevent themselves
being questioned or further questioned, e.g. by refusing to leave their cell to
go to a suitable interview room or by trying to leave the interview room, they
shall be advised their consent or agreement to interview is not required. The
suspect shall be cautioned as in section 10, and informed if they fail or refuse
to co-operate, the interview may take place in the cell and that their failure or
refusal to co-operate may be given in evidence. The suspect shall then be
invited to co-operate and go into the interview room.
12.6
12.7
12.8
12.9
12.10
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People being questioned or making statements shall not be required to stand.
Before the interview commences each interviewer shall, subject to paragraph
2.6A, identify themselves and any other persons present to the interviewee.
Breaks from interviewing should be made at recognised meal times or at other
times that take account of when an interviewee last had a meal. Short refresh-
ment breaks shall be provided at approximately two hour intervals, subject to
the interviewer's discretion to delay a break if there are reasonable grounds for
believing it would:
(i) involve a:
¢ risk of harm to people;
¢ serious loss of, or damage to, property;
(ii) unnecessarily delay the detainee’s release;
(iii) otherwise prejudice the outcome of the investigation. See Note 12B. ©
If during the interview a complaint is made by or on behalf of the interviewee
that the provisions of this code have not been observed, the interviewer should:
(i) record it in the interview record;
(ii) inform the custody officer, who is then responsible for dealing with it as in
section 9.
(b) Documentation
A record must be made of the:
* time a detainee is not in the custody of the custody officer, and why
* reason for any refusal to deliver the detainee out of that custody.
A record shall be made of:
(a) the reasons it was not practicable to use an interview room; and
(b) any action taken as in paragraph 12.5.
The record shall be made on the custody record or in the interview record for
action taken whilst an interview record is being kept, with a brief reference to
this effect in the custody record.
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12.12 Any decision to delay a break in an interview must be recorded, with reasons,
in the interview record.
12.13 All written statements made at police stations under caution shall be written
on forms provided for the purpose.
12.14 All written statements made under caution shall be taken in accordance with
Annex D. Before a person makes a written statement under caution at a police
station they shall be reminded about the right to legal advice. See Note 12A.
Notes for guidance
12A It is not normally necessary to ask for a written statement if the interview was
recorded in writing and the record signed in accordance with paragraph 11.11
or audibly or visually recorded in accordance with Code E or F. Statements
under caution should normally be taken in these circumstances only at the
person’s express wish. A person may however be asked if they want to make
such a statement.
12B_ Meal breaks should normally last at least 45 minutes and shorter breaks after
two hours should last at least 15 minutes. If the interviewer delays a break in
accordance with paragraph 12.8 and prolongs the interview, a longer break
should be provided. If there is a short interview, and another short interview is
contemplated, the length of the break may be reduced if there are reasonable
grounds to believe this is necessary to avoid any of the consequences in
paragraph 12.8(i) to (iii).
13. Interpreters
(a) General
13.1. The Chief Constable is responsible for making sure appropriate arrangements
are in place for provision of suitably qualified interpreters for people who:
e are deaf;
¢ do not understand English.
(b) Foreign languages
13.2 Unless paragraphs 11.1, 11.18 to 11.20 apply, a person must not be
interviewed in the absence of a person capable of interpreting if:
13.3
13.4
13.5
13.6
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(a) they have difficulty understanding English;
(b) the interviewer cannot speak the person’s own language;
(c)_ the person wants an interpreter present.
The interviewer shall make sure the interpreter makes a note of the interview
at the time in the person’s language for use in the event of the interpreter being
called to give evidence, and certifies its accuracy. The interviewer should allow
sufficient time for the interpreter to note each question and answer after each
is put, given and interpreted. The person should be allowed to read the record
or have it read to them and sign it as correct or indicate the respects in which
they consider it inaccurate. If the interview is audibly recorded or visually
recorded, the arrangements in Code E or F apply.
In the case of a person making a statement to a police officer or other police
staff other than in English: C
(a) the interpreter shall record the statement in the language it is made;
(b) the person shall be invited to sign it;
(c) an official English translation shall be made in due course.
(c) Deaf people and people with speech difficulties
If a person appears to be deaf or there is doubt about their hearing or speaking
ability, they must not be interviewed in the absence of an interpreter unless
they agree in writing to being interviewed without one or paragraphs 11.1,
11.18 to 11.20 apply.
An interpreter should also be called if a juvenile is interviewed and the parent
or guardian present as the appropriate adult appears to be deaf or there is
doubt about their hearing or speaking ability, unless they agree in writing to
the interview proceeding without one or paragraphs 11.1, 11.18 to 11.20 apply.
The interviewer shall make sure the interpreter is allowed to read the interview
record and certify its accuracy in the event of the interpreter being called to
give evidence. If the interview is audibly recorded or visually recorded, the
arrangements in Code E or F apply.
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(d) Additional rules for detained persons
13.8 All reasonable attempts should be made to make the detainee understand that
interpreters will be provided at public expense.
13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor
because of language, hearing or speech difficulties, an interpreter must be called.
The interpreter may not be a police officer or any other police staff when inter
pretation is needed for the purposes of obtaining legal advice. In all other cases
a police officer or other police staff may only interpret if the detainee and the
appropriate adult, if applicable, give their agreement in writing or if the interview
is audibly recorded or visually recorded as in Code E or F.
13.10 When the custody officer cannot establish effective communication with a
person charged with an offence who appears deaf or there is doubt about their
ability to hear, speak or to understand English, arrangements must be made as
soon as practicable for an interpreter to explain the offence and any other
information given by the custody officer.
(e) Documentation
13.11 Action taken to call an interpreter under this section and any agreement to be
interviewed in the absence of an interpreter must be recorded.
14. Questioning - special restrictions
14.1 Ifa person is arrested by one police force on behalf of another and the lawful
period of detention in respect of that offence has not yet commenced in
accordance with Article 42 of the Police and Criminal Evidence (NI) Order
1989 no questions may be put to them about the offence while they are in
transit between the forces except to clarify any voluntary statement they make.
14.2 Ifa person is in police detention at a hospital they may not be questioned
without the agreement of a responsible doctor. See Note 14A.
Note for guidance
14A _ If questioning takes place at a hospital under paragraph 14.2, or on the way to
or from a hospital, the period of questioning concerned counts towards the
total period of detention permitted.
15.1
15.2
15.2A
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Reviews and extensions of detention
The review officer is responsible under Article 41 of the Police and Criminal
Evidence (Northern Ireland) Order 1989 for periodically determining if a
person’s detention, before or after charge, continues to be necessary. This
requirement continues throughout the detention period and except as in
paragraph 15.9, the review officer must be present at the police station
holding the detainee. See Notes 15A and 15B.
Under Article 43 of the Police and Criminal Evidence (Northern Ireland) Order
1989, an officer of superintendent rank or above who is responsible for the
station holding the detainee may give authority any time after the second
review to extend the maximum period the person may be detained without
charge by up to 12 hours. Further detention without charge may be authorised
only by a magistrates’ court in accordance with Articles 44 and 45 of the PACE
(NI) Order 1989. See Notes 15C, 15D and 15E.
Article 43(1) of the Police and Criminal Evidence (NI) Order 1989 as amended
extends the maximum period of detention for indictable offences from 24
hours to 36 hours. Detaining a juvenile or mentally vulnerable person for
longer than 24 hours will be dependent on the circumstances of the case and
with regard to the person’s:
(a) special vulnerability;
(b)_ the legal obligation to provide an opportunity for representations to be
made prior to a decision about extending detention;
(c)_ the need to consult and consider the views of any appropriate adult; and
(d) any alternatives to police custody.
Before deciding whether to authorise continued detention the officer
responsible under paragraphs 15.1 or 15.2 shall give an opportunity to make
representations about the detention to:
(a) the detainee, unless in the case of a review as in paragraph 15.1, the
detainee is asleep;
(b) the detainee’s solicitor if available at the time; and
(c) the appropriate adult if available at the time.
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15.3A Other people having an interest in the detainee’s welfare may also make
representations at the authorising officer’s discretion.
15.3B Subject to paragraph 15.9, the representations may be made orally in person
or by telephone or in writing. The authorising officer may, however, refuse to
hear oral representations from the detainee if the officer considers them unfit
to make representations because of their condition or behaviour.See Note 15C.
15.3C The decision on whether the review takes place in person or by telephone or
by video conferencing (see Note 15G) is a matter for the review officer. In
determining the form the review may take, the review officer must always take
full account of the needs of the person in custody. The benefits of carrying out
a review in person should always be considered, based on the individual
circumstances of each case with specific additional consideration if the person is:
(a) a juvenile (and the age of the juvenile); or
C (b) mentally vulnerable; or
(c) has been subject to medical attention for other than routine minor
ailments; or
(d) there are presentational or community issues around the person’s detention.
15.4 Before conducting a review or determining whether to extend the maximum
period of detention without charge, the officer responsible must make sure the
detainee is reminded of their entitlement to legal advice, see paragraph 6.4,
unless in the case of a review the person is asleep.
15.5 If, after considering any representations, the officer decides to keep the detainee
in detention or extend the maximum period they may be detained without
charge, any comment made by the detainee shall be recorded. If applicable,
the officer responsible under paragraph 15.1 or 15.2 shall be informed of the
comment as soon as practicable. See also paragraphs 11.3 and 11.13.
15.6 No officer shall put specific questions to the detainee:
* regarding their involvement in any offence; or
* in respect of any comments they may make:
- when given the opportunity to make representations; or
- in response to a decision to keep them in detention or extend the
maximum period of detention.
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15.8
15.8A
15.8B
15.8C
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Such an exchange could constitute an interview as in paragraph 11.1A and
would be subject to the associated safeguards in section 11 and, in respect of
a person who has been charged, paragraph 16.5. See also paragraph 11.13.
A detainee who is asleep at a review, see paragraph 15.1, and whose
continued detention is authorised must be informed about the decision and
reason as soon as practicable after waking.
(a) Telephone review of detention
Article 41A of the Police and Criminal Evidence (Northern Ireland) Order
1989 provides that the officer responsible under Article 41 for reviewing the
detention of a person who has not been charged, need not attend the police
station holding the detainee and may carry out the review by telephone.
Article 46A(2) of the Police and Criminal Evidence (Northern Ireland) Order
1989 provides that the officer responsible under Article 41 for reviewing the
detention of a person who has not been charged, need not attend the police
station holding the detainee and may carry out the review by video
conferencing facilities. See Note 15G.
A telephone review is not permitted where facilities for review by video
conferencing exist and it is practicable to use them.
The review officer can decide at any stage that a telephone review or review
by video conferencing should be terminated and that the review will be
conducted in person. The reasons for doing so should be noted in the custody
record. See Note 15F.
When a telephone review is carried out, an officer at the station holding the
detainee shall be required by the review officer to fulfil that officer's
obligations under Article 41 of the PACE (NI) Order 1989 or this Code by:
(a) making any record connected with the review in the detainee’s custody
record;
(b)_ if applicable, making a record in (a) in the presence of the detainee; and
(c) giving the detainee information about the review.
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15.10 When a telephone review is carried out, the requirement in paragraph 15.3
will be satisfied:
(a) if facilities exist for the immediate transmission of written representations
to the review officer, e.g. fax or email message, by giving the detainee an
opportunity to make representations:
(i) orally by telephone; or
(ii) in writing using those facilities; and
(b) in all other cases, by giving the detainee an opportunity to make their
representations orally by telephone.
(b) Documentation
15.11. It is the officer’s responsibility to make sure all reminders given under
C paragraph 15.4 are noted in the custody record.
15.12 The grounds for, and extent of, any delay in conducting a review shall be
recorded.
15.13, When a telephone review is carried out, a record shall be made of:
(a) the reason the review officer did not attend the station holding the
detainee;
(b) the place the review officer was;
(c)_ the method representations, oral or written, were made to the review
officer, see paragraph 15.10.
15.14 Any written representations shall be retained.
15.15 A record shall be made as soon as practicable about the outcome of each
review or determination whether to extend the maximum detention period
without charge or an application for a warrant of further detention or its
extension. If paragraph 15.7 applies, a record shall also be made of when the
person was informed and by whom. If an authorisation is given under Article
43 of the PACE (NI) Order 1989, the record shall state the number of hours
and minutes by which the detention period is extended or further extended. If
a warrant for further detention, or extension, is granted under Article 44 or 45,
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the record shall state the detention period authorised by the warrant and the
date and time it was granted.
Notes for guidance
15A
15B
15C
Review officer for the purposes of Articles 41 and 41A of the PACE (NI) Order
1989 means, in the case of a person arrested but not charged, an officer of at
least inspector rank not directly involved in the investigation and, if a person
has been arrested and charged, the custody officer.
The detention of persons in police custody not subject to the statutory review
requirement in paragraph 15.1 should still be reviewed periodically as a
matter of good practice. Such reviews can be carried out by an officer of the
rank of sergeant or above. The purpose of such reviews is to check the
particular power under which a detainee is held continues to apply, any
associated conditions are complied with and to make sure appropriate action
is taken to deal with any changes. This includes the detainee’s prompt release
when the power no longer applies, or their transfer if the power requires the
detainee be taken elsewhere as soon as the necessary arrangements are made.
Examples include persons:
(a) arrested on warrant because they failed to answer bail to appear at court;
(b) arrested for breaching a condition of bail granted after charge;
(c)_ in police custody for specific purposes and periods under the Crime
(Sentences) Act 1997, Schedule 1;
(d) being detained to prevent them causing a breach of the peace;
(e) detained at police stations on behalf of the Immigration Service.
(f) detained by order of a magistrates’ court under the Criminal Justice Act
1988, section 152 (as amended by the Drugs Act 2005, section 8) to
facilitate the recovery of evidence after being charged with drug
possession or drug trafficking and suspected of having swallowed drugs.
In the case of a review of detention, but not an extension, the detainee need
not be woken for the review. However, if the detainee is likely to be asleep,
e.g. during a period of rest allowed as in paragraph 12.2, at the latest time a
review or authorisation to extend detention may take place, the officer should,
if the legal obligations and time constraints permit, bring forward the
procedure to allow the detainee to make representations. A detainee not
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15D
15E
15F
16.
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asleep during the review must be present when the grounds for their continued
detention are recorded and must at the same time be informed of those
grounds unless the review officer considers the person is incapable of
understanding what is said, violent or likely to become violent or in urgent
need of medical attention.
An application to a Magistrates’ Court under Articles 44 or 45 of the Police
and Criminal Evidence (Northern Ireland) Order 1989, for a warrant of further
detention or its extension should be made between 10am and 9pm, and if
possible during normal court hours. It will not usually be practicable to
arrange for a court to sit specially outside the hours of 10am to 9pm. If it
appears a special sitting may be needed outside normal court hours but
between 10am and 9pm, the clerk of petty sessions should be given notice
and informed of this possibility, during normal office hours.
In paragraph 15.2, the officer responsible for the station holding the detainee
includes a superintendent or above who, in accordance with operational
policy or police regulations, is given that responsibility on a temporary basis
whilst the appointed long-term holder is off duty or otherwise unavailable.
The provisions of Article 41A of the PACE (NI) Order 1989, allowing telephone
reviews do not apply to reviews of detention after charge by the custody officer.
When video conferencing is not required, they allow the use of a telephone to
carry out a review of detention before charge. The procedure under Article 43
of the PACE (NI) Order 1989, must be done in person.
The use of video conferencing facilities for decisions about detention under
Article 46A of the PACE (NI) Order 1989 is subject to the introduction of
regulations by the Secretary of State.
Charging detained persons
(a) Action
When the officer in charge of the investigation reasonably believes there is
sufficient evidence to provide a realistic prospect of conviction for the offence
(see paragraph 11.6), they shall without delay, and subject to the following
qualification, inform the custody officer who will be responsible for considering
whether the detainee should be charged. See Note 17B. 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 are satisfied in respect
16.1A
16.2
16.3
16.4
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of all the offences, but see paragraph 11.6. If the detainee is a juvenile,
mentally disordered or otherwise mentally vulnerable, any resulting action
shall be taken in the presence of the appropriate adult if they are present at
the time. See Note 16A.
The nature of the charge to be preferred and the actual charging of the
detained person shall be at the direction of the investigating officer. The
custody officer’s responsibility is to ensure that he has before him sufficient
evidence for the person to be charged and that the investigating officer
complies with the charging procedure.
When a detainee is charged with or informed they may be prosecuted for an
offence, see Note 16A, they shall, unless the restriction on drawing adverse
inferences from silence applies, see Annex C, be cautioned as follows:
‘You do not have to say anything, but I must caution you that if you do not
mention now something which you later rely on in court, it may harm your C
defence. If you do say anything it may be given in evidence!
Annex C, paragraph 2 sets out the alternative terms of the caution to be used
when the restriction on drawing adverse inferences from silence applies.
When a detainee is charged they shall be given a written notice showing
particulars of the offence and, subject to paragraph 2.6A, the officer's name
and the case reference number. As far as possible the particulars of the charge
shall be stated in simple terms, but they shall also show the precise offence in
law with which the detainee is charged. The notice shall begin: ‘You are
charged with the offence(s) shown below.’ Followed by the caution. If the
detainee is a juvenile, mentally disordered or otherwise mentally vulnerable,
the notice should be given to the appropriate adult.
If, after a detainee has been charged with or informed they may be prosecuted
for an offence, an officer wants to tell them about any written statement or
interview with another person relating to such an offence, the detainee shall
either be handed a true copy of the written statement or the content of the
interview record brought to their attention. Nothing shall be done to invite any
reply or comment except to:
(a) caution the detainee in the terms of paragraph 10.5 above and if
appropriate, in the terms of paragraph 10.7 and/or paragraph 10.9; and
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(b) remind the detainee about their right to legal advice.
16.4A If the detainee:
* cannot read, the document may be read to them
¢ isa juvenile, mentally disordered or otherwise mentally vulnerable, the
appropriate adult shall also be given a copy, or the interview record shall
be brought to their attention.
16.5 A detainee may not be interviewed about an offence after they have been
charged with, or informed they may be prosecuted for it, unless the interview
is necessary:
* to prevent or minimise harm or loss to some other person, or the public
¢ to clear up an ambiguity in a previous answer or statement
¢ in the interests of justice for the detainee to have put to them, and have an
opportunity to comment on, information concerning the offence which has
C come to light since they were charged or informed they might be prosecuted.
Before any such interview, the interviewer shall:
(a) caution the detainee in the terms of paragraph 10.5 above and if
appropriate, Annex C;
(b) remind the detainee about their right to legal advice.
See Note 16A.
16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the
appropriate adult's presence if they are already at the police station. If they are
not at the police station then these provisions must be complied with again in
their presence when they arrive unless the detainee has been released. See
Note 16B.
16.7. When a juvenile is charged with an offence and the custody officer authorises
their continued detention after charge, the custody officer must try to make
arrangements for the juvenile to be taken to a place of safety, other than a
police station, within the meaning of Article 39(8) of the Police and Criminal
Evidence (Northern Ireland) Order 1989 to be detained pending appearance in
court unless the custody officer certifies it is impracticable to do so or no
secure accommodation is available and there is a risk to the public of serious
harm from that juvenile, in accordance with Article 39(6) of the Police and
Criminal Evidence (Northern Ireland) Order 1989. See Note 16C.
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16.9
16.10
Notes for Guidance
16A
16B
16C
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(b) Documentation
A record shall be made of anything a detainee says when charged.
Any questions put in an interview after charge and answers given relating to
the offence shall be recorded in full during the interview on forms for that
purpose and the record signed by the detainee or, if they refuse, by the
interviewer and any third parties present. If the questions are audibly recorded
or visually recorded the arrangements in Code E or F apply.
If it is not practicable to make arrangements for a juvenile’s transfer to a place
of safety, other than a police station, as in paragraph 16.7, the custody officer
must record the reasons and complete a certificate to be produced before the
court with the juvenile. See Note 16C.
The giving of a warning or the service of the Notice of Intended Prosecution C
required by Article 5 of the Road Traffic Offenders (Northern Ireland) Order
1996 does not amount to informing a detainee they may be prosecuted for an
offence and so does not preclude further questioning in relation to that offence.
There is no power under PACE to detain a person and delay action under
paragraphs 16.2 to 16.5 solely to await the arrival of the appropriate adult.
After charge, bail cannot be refused, or release on bail delayed, simply
because an appropriate adult is not available, unless the absence of that adult
provides the custody officer with the necessary grounds to authorise detention
after charge under Article 39 of the Police and Criminal Evidence (Northern
Ireland) Order 1989.
Except as in paragraph 16.7, neither a juvenile’s behaviour nor the nature of
the offence provides grounds for the custody officer to retain him in police
custody rather than seek to arrange for his transfer to a place of safety, other
than a police station. The availability of secure accommodation is only a factor
in relation to a juvenile when the place of safety would not be adequate to
protect the public from serious harm from them. The obligation to transfer a
juvenile to a place of safety applies as much to a juvenile charged during the
daytime as to a juvenile to be held overnight, subject to a requirement to bring
the juvenile before a court under Article 47 of the Police and Criminal
Evidence (Northern Ireland) Order 1989.
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ANNEX A - Intimate and Strip Searches
2A
2B
108
Intimate search
An intimate search consists of the 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.
(a) Action
Body orifices other than the mouth may be searched only:
(a) if authorised by an officer of inspector rank or above who has reasonable
grounds for believing that the person may have concealed on themselves:
(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 paragraph 2(a)(ii) (a drug offence search), the
detainee’s appropriate consent has been given in writing.
Before the search begins, a police officer, designated detention officer or staff
custody officer, must tell the detainee:
(a) that the authority to carry out the search has been given;
(b) the grounds for giving the authorisation and for believing that the article
cannot be removed without an intimate search.
Before a detainee is asked to give appropriate consent to a search under
paragraph 2(a)(ii) (a drug offence search) they must be warned that if they
refuse without good cause their refusal may harm their case if it comes to trial,
see Note A6. This warning may be given by a police officer or member of
police staff. A detainee who is not legally represented must be reminded of
their entitlement to have legal advice, see Code C, paragraph 6.4, and the
reminder noted in the custody record.
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An intimate search may only be carried out by a registered medical practitioner
or registered nurse, unless an officer of at least inspector rank considers this is
not practicable and the search is to take place under paragraph 2(a)(i), in
which case a police officer may carry out the search. See Notes Al to AS.
Any proposal for a search under paragraph 2(a)(i) to be carried out by
someone other than a registered medical practitioner or registered nurse 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
outweigh the risks associated with removing it.
See Notes Al to AS.
An intimate search under:
* paragraph 2(a)(i) may take place only at a hospital, surgery, other medical
premises or police station
* paragraph 2(a)(ii) may take place only at a hospital, surgery or other medical
premises and must be carried out by a registered medical practitioner or a
registered nurse.
An intimate search at a police station of a juvenile or mentally disordered or
otherwise mentally 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. 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 present during the search and the adult agrees. A record
shall be made of the juvenile’s decision and signed by the appropriate adult.
When an intimate search under paragraph 2(a)(i) is carried out by a police
officer, the officer must be of the same sex as the detainee. A minimum of two
people, other than the detainee, must be present during the search. Subject to
paragraph 5, no person of the opposite sex who is not a medical practitioner
or nurse shall be present, nor shall anyone whose presence is unnecessary. The
search shall be conducted with proper regard to the sensitivity and
vulnerability of the detainee.
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(b) Documentation
7 In the case of an intimate search, the following shall be recorded as soon as
practicable, in the detainee’s custody record:
(a) for searches under paragraphs 2(a)(i) and (ii);
¢ the authorisation to carry out the search;
¢ the grounds for giving the authorisation;
¢ the grounds for believing the article could not be removed without an
intimate search
¢ which parts of the detainee’s body were searched
* who carried out the search
* who was present
¢ the result.
(b) for searches under paragraph 2(a)(ii):
C ¢ the giving of the warning required by paragraph 2B;
¢ the fact that the appropriate consent was given or (as the case may be)
refused, and if refused, the reason given for the refusal (if any).
8 If an intimate search is 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.
B Strip search
A strip search is a search involving the removal of more than outer clothing. In
this Code, outer clothing includes shoes and socks.
(a) Action
10 A strip search may take place only 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 might have concealed such an article. Strip
searches shall not be routinely carried out if there is no reason to consider that
articles are concealed.
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The conduct of strip searches
11 When strip searches are conducted:
(a)
(b)
a police officer carrying out a strip search must be the same sex as the
detainee;
the search shall take place 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 risk of serious harm to the
detainee or to others, whenever a strip 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 mentally disordered or
otherwise mentally vulnerable person, one of the people must be the
appropriate adult. Except in urgent cases as above, a search of a juvenile C
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 during the search and the adult agrees. A record shall
be made of the juvenile’s decision and signed by the appropriate adult.
The presence of more than two people, other than an appropriate adult,
shall be permitted only in the most exceptional circumstances;
the search shall be conducted with proper regard to the sensitivity and
vulnerability of the detainee in these circumstances and every reasonable
effort shall be made to secure the detainee’s co-operation and minimise
embarrassment. Detainees who are searched shall not normally be
required to remove all their clothes at the same time, e.g. a person should
be allowed to remove clothing above the waist and redress before
removing further clothing;
if necessary to assist the search, the detainee may be required to hold
their arms in the air or to stand with their legs apart and bend forward so
a visual examination may be made of the genital and anal areas provided
no physical contact is made with any body orifice;
if articles are found, the detainee shall be asked to hand them over. If
articles are found within any body orifice other than the mouth, and the
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detainee refuses to hand them over, their removal would constitute an
intimate search, which must be carried out as in Part A;
(g)_a strip search shall be conducted as quickly as possible, and the detainee
allowed to dress as soon as the procedure is complete.
(b) Documentation
12. A record shall be made on the custody record of a strip search including the
reason it was considered necessary, those present and any result.
Notes for Guidance
Al Before authorising any intimate search, the authorising officer must make
every reasonable effort to persuade the detainee to hand the article over
without a search. If the detainee agrees, a registered medical practitioner or
registered nurse should whenever possible be asked to assess the risks
involved and, if necessary, attend to assist the detainee.
A2 If the detainee does not agree to hand the article over without a search, the
authorising officer must carefully review all the relevant factors before
authorising an intimate search. In particular, the officer must consider whether
the grounds for believing an article may be concealed are reasonable.
A3 If authority is given for a search under paragraph 2(a)(i), a registered medical
practitioner or registered nurse shall be consulted whenever possible. The
presumption should be that the search will be conducted by the registered
medical practitioner or registered nurse and the authorising officer must make
every reasonable effort to persuade the detainee to allow the medical
practitioner or nurse to conduct the search.
A4 — Aconstable should only be authorised to carry out a search as a last resort and
when all other approaches have failed. In these circumstances, the authorising
officer must be satisfied the detainee might use the article for one or more of
the purposes in paragraph 2(a)(i) and the physical injury likely to be caused is
sufficiently severe to justify authorising a constable to carry out the search.
A5 If an officer has any doubts whether to authorise an intimate search by a
constable, the officer should seek advice from an officer of superintendent
rank or above.
A6
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In warning a detainee who is asked to consent to an intimate drug offence
search, as in paragraph 2B, the following form of words may be used:
“You do not have to allow yourself to be searched, but I must warn you that if
you refuse without good cause, your refusal may harm your case if it comes to
trial.”
113,
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ANNEX B - Delay in Notifying Arrest or Allowing Access
to Legal Advice
The exercise of the rights in Section 5 or Section 6, or both, may be delayed if
the person is in police detention, as in Article 2(3) of the Police and Criminal
Evidence (Northern Ireland) Order 1989, in connection with an indictable
offence, has not yet been charged with an offence and an officer of super
intendent rank or above, or inspector rank or above only for the rights in
Section 5, has reasonable grounds for believing their exercise will:
(i) lead to:
¢ interference with, or harm to, evidence connected with an indictable
offence; or
¢ interference with, or physical harm to, other people; or
(ii) lead to alerting other people suspected of having committed an indictable
offence but not yet arrested for it; or
(iii) hinder the recovery of property obtained in consequence of the
commission of such an offence.
These rights may also be delayed if the officer has reasonable grounds to
believe that:
(i) the person detained for an indictable offence has benefited from their
criminal conduct (decided in accordance with Part 2 of the Proceeds of
Crime Act 2002); and
(ii) the recovery of the value of the property constituting that benefit will be
hindered by the exercise of either right.
Authority to delay a detainee’s right to consult privately with a solicitor may be
given only if the authorising officer has reasonable grounds to believe the
solicitor the detainee wants to consult will, inadvertently or otherwise, pass on
a message from the detainee or act in some other way which will have any of
the consequences under paragraphs 1 or 2. In these circumstances the
detainee must be allowed to choose another solicitor. See Note B3.
If the detainee wishes to see a solicitor, access to that solicitor may not be
delayed on the grounds they might advise the detainee not to answer questions
or the solicitor was initially asked to attend the police station by someone else.
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In the latter case the detainee must be told the solicitor has come to the police
station at another person’s request, and must be asked to sign the custody
record to signify whether they want to see the solicitor.
5. The fact the grounds for delaying notification of arrest may be satisfied does
not automatically mean the grounds for delaying access to legal advice will
also be satisfied.
6. These rights may be delayed only for as long as grounds exist and in no case
beyond 36 hours after the relevant time as in Article 42 of the Police and
Criminal Evidence (Northern Ireland) Order 1989. If the grounds cease to
apply within this time, the detainee must, as soon as practicable, be asked if
they want to exercise either right, the custody record must be noted accordingly,
and action taken in accordance with the relevant section of the Code.
7. A detained person must be permitted to consult a solicitor for a reasonable
time before any court hearing. ©
(a) Documentation
8. The grounds for action under this Annex shall be recorded and the detainee
informed of them as soon as practicable.
9. Any reply given by a detainee under paragraph 6 must be recorded and the
detainee asked to endorse the record in relation to whether they want to
receive legal advice at this point.
(b) Cautions and special warnings
10. I When a suspect detained at a police station is interviewed during any period
for which access to legal advice has been delayed under this Annex, the court
or jury may not draw adverse inferences from their silence.
Notes for guidance
Bl Even if Annex B applies in the case of a juvenile, or a person who is mentally
disordered or otherwise mentally vulnerable, action to inform the appropriate
adult and the person responsible for a juvenile’s welfare if that is a different
person, must nevertheless be taken as in paragraph 3.8 and 3.10.
B2 In the case of Commonwealth citizens and foreign nationals, see Note 7A.
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A decision to delay access to a specific solicitor is likely to be a rare occurrence
and only when it can be shown the suspect is capable of misleading that
particular solicitor and there is more than a substantial risk that the suspect
will succeed in causing information to be conveyed which will lead to one or
more of the specified consequences.
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ANNEX C - Restriction on Drawing Adverse Inferences from
Silence and Terms of the Caution when the
Restriction Applies
(a) The restriction on drawing adverse inferences from silence
1. Articles 3, 5 & 6 of the Criminal Evidence (Northern Ireland) Order 1988, as
amended by Article 36 of the Criminal Evidence (Northern Ireland) Order
1999, describe the conditions under which adverse inferences may be drawn
from a person’s failure or refusal to say anything about their involvement in the
offence when interviewed, after being charged or informed they may be
prosecuted. These provisions are subject to an overriding restriction on the
ability of a court or jury to draw adverse inferences from a person’s silence.
This restriction applies:
(a) to any detainee at a police station, see Note 10C who, before being
interviewed, see section 11 or being charged or informed they may be
prosecuted, see section 16, has:
(i) asked for legal advice, see section 6, paragraph 6.1;
(ii) not been allowed an opportunity to consult a solicitor, as in this
Code; and
(iii) not changed their mind about wanting legal advice, see section 6,
paragraph 6.5(d).
Note the condition in (ii) will
¢ apply when a detainee who has asked for legal advice is interviewed
before speaking to a solicitor as in section 6, paragraph 6.5(a) or (b).
¢ not apply if the detained person declines to ask for a solicitor, see
section 6, paragraphs 6.5(c)and (d);
(b) to any person charged with, or informed they may be prosecuted for, an
offence who:
(i) has had brought to their notice a written statement made by another
person or the content of an interview with another person which
relates to that offence, see section 16, paragraph 16.4;
(ii) is interviewed about that offence, see section 16, paragraph 16.5; or
(iii) makes a written statement about that offence, see Annex D,
paragraphs 4 and 9.
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(b) Terms of the caution when the restriction applies
2. When a requirement to caution arises at a time when the restriction on drawing
adverse inferences from silence applies, the caution shall be:
‘You do not have to say anything, but if you do say anything it may be given in
evidence!
3. Whenever the restriction either begins to apply or ceases to apply after a
caution has already been given, the person shall be re-cautioned in the
appropriate terms. The changed position on drawing inferences and that the
previous caution no longer applies shall also be explained to the detainee in
ordinary language. See Note C2.
Notes for guidance
cl The restriction on drawing inferences from silence does not apply to a person
C who has not been detained and who therefore cannot be prevented from
seeking legal advice if they want to, see paragraphs 10.2 and 3.10.
C2 The following is suggested as a framework to help explain changes in the
position on drawing adverse inferences if the restriction on drawing adverse
inferences from silence:
(a) begins to apply:
‘The caution you were previously given no longer applies. This is because
after that caution:
(i) you asked to speak to a solicitor but have not yet been allowed an
opportunity to speak to a solicitor’ See paragraph 1(a); or
(ii) you have been charged with/informed you may be prosecuted.’ See
paragraph 1(b).
‘This means that from now on, adverse inferences cannot be drawn at
court and your defence will not be harmed just because you choose to
say nothing. Please listen carefully to the caution I am about to give you
because it will apply from now on. You will see that it does not say
anything about your defence being harmed’
See paragraph 2.
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(b) ceases to apply before or at the time the person is charged or informed
they may be prosecuted, see paragraph 1 (a);
‘The caution you were previously given no longer applies. This is because after
that caution you have been allowed an opportunity to speak to a solicitor.
Please listen carefully to the caution I am about to give you because it will
apply from now on. It explains how your defence at court may be affected if
you choose to say nothing’
See paragraph 10.5.
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ANNEX D - Written Statements Under Caution
(a) Written by a person under caution
1. A person shall always be invited to write down what they want to say.
2. A person who has not been charged with, or informed they may be prosecuted
for, any offence to which the statement they want to write relates, shall:
(a) unless the statement is made at a time when the restriction on drawing
adverse inferences from silence applies, see Annex C, be asked to write
out and sign the following before writing what they want to say:
‘I make this statement of my own free will. I understand that I do not have
to say anything but if I do not mention something which 1 later rely on in
court it may harm my defence. This statement may be given in evidence’;
C (b)_ if the statement is made at a time when the restriction on drawing adverse
inferences from silence applies, be asked to write out and sign the following
before writing what they want to say:
‘I make this statement of my own free will. I understand that I do not have
to say anything. This statement may be given in evidence!
3. When a person, on the occasion of being charged with or informed they may
be prosecuted for any offence, asks to make a statement which relates to any
such offence and wants to write it they shall:
(a) unless the restriction on drawing adverse inferences from silence, see
Annex C, applied when they were so charged or informed they may be
prosecuted, be asked to write out and sign the following before writing
what they want to say:
‘I make this statement of my own free will. I understand that I do not have
to say anything but if I do not mention something which I later rely on in
court it may harm my defence. This statement may be given in evidence’,
(b)_ if the restriction on drawing adverse inferences from silence applied when
they were so charged or informed they may be prosecuted, be asked to
write out and sign the following before writing what they want to say:
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‘4 make this statement of my own free will. I understand that I do not have
to say anything. This statement may be given in evidence!
When a person, who has already been charged with or informed they may be
prosecuted for any offence, asks to make a statement which relates to any such
offence and wants to write it they shall be asked to write out and sign the
following before writing what they want to say:
‘I make this statement of my own free will. I understand that I do not have to
say anything. This statement may be given in evidence!
Any person writing their own statement shall be allowed to do so without any
prompting except a police officer or other police staff may indicate to them
which matters are material or question any ambiguity in the statement.
(b) Written by a police officer or other police staff
If a person says they would like someone to write the statement for them, a
police officer, or other police staff shall write the statement.
If the person has not been charged with, or informed they may be prosecuted
for, any offence to which the statement they want to make relates they shall,
before starting, be asked to sign, or make their mark, to the following:
(a) unless the statement is made at a time when the restriction on drawing
adverse inferences from silence applies, see Annex C:
Wy cecccsseeesteceesseeessseee , wish to make a statement. I want someone to write
down what I say. I understand that I do not have to say anything but if I
do not mention something which I later rely on in court it may harm my
defence. This statement may be given in evidence’
(b) if the statement is made at a time when the restriction on drawing adverse
inferences from silence applies:
Wy cecccsseeesteceessseeessseee , wish to make a statement. I want someone to write
down what I say. I understand that I do not have to say anything. This
statement may be given in evidence!
If, on the occasion of being charged with or informed they may be prosecuted
for any offence, the person asks to make a statement which relates to any such
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offence they shall before starting be asked to sign, or make their mark to, the
following:
(a) unless the restriction on drawing adverse inferences from silence applied,
see Annex C, when they were so charged or informed they may be
prosecuted:
Vy ciceeteeteceteeteenteeneee , wish to make a statement. I want someone to write
down what I say. I understand that I do not have to say anything but if I
do not mention something which I later rely on in court it may harm my
defence. This statement may be given in evidence!
(b) if the restriction on drawing adverse inferences from silence applied when
they were so charged or informed they may be prosecuted:
Wy cccecctsetecesseeseesseeesee , wish to make a statement. I want someone to write
down what I say. I understand that I do not have to say anything. This
statement may be given in evidence!
If, having already been charged with or informed they may be prosecuted for
any offence, a person asks to make a statement which relates to any such
offence they shall before starting, be asked to sign, or make their mark to:
Wy cccesesesecessteseeesseses , wish to make a statement. I want someone to write
down what I say. I understand that I do not have to say anything. This
statement may be given in evidence!
The person writing the statement must take down the exact words spoken by
the person making it and must not edit or paraphrase it. Any questions that are
necessary, e.g. to make it more intelligible, and the answers given must be
recorded at the same time on the statement form.
When the writing of a statement is finished the person making it shall be asked
to read it and to make any corrections, alterations or additions they want.
When they have finished reading they shall be asked to write and sign or
make their mark on the following certificate at the end of the statement:
‘I have read the above statement, and I have been able to correct, alter or add
anything I wish. This statement is true. I have made it of my own free will’
If the person making the statement cannot read, or refuses to read it, or to
write the above mentioned certificate at the end of it or to sign it, the person
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taking the statement shall read it to them and ask them if they would like to
correct, alter or add anything and to put their signature or make their mark at
the end. The person taking the statement shall certify on the statement itself
what has occurred.
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ANNEX E - Summary of Provisions Relating to Mentally
Disordered and Otherwise Mentally Vulnerable
People
1. If an officer has any suspicion, or is told in good faith, that a person of any age
may be mentally disordered or otherwise mentally vulnerable, or mentally
incapable of understanding the significance of questions or their replies that
person shall be treated as mentally disordered or otherwise mentally
vulnerable for the purposes of this Code. See paragraph 1.4.
2. In the case of a person who is mentally disordered or otherwise mentally
vulnerable, ‘the appropriate adult’ means:
(a) a parent, relative, guardian or other person responsible for their care or
custody;
C (b) someone experienced in dealing with mentally disordered or mentally
vulnerable people but who is not a police officer or employed by the
Northern Ireland Policing Board;
(c) failing these, some other responsible adult aged 18 or over who is not a
police officer or employed by the Northern Ireland Policing Board.
See paragraph 1.7(b) and Note 1D.
3. If the custody officer authorises the detention of a person who is mentally
vulnerable or appears to be suffering from a mental disorder, the custody
officer must as soon as practicable inform the appropriate adult of the grounds
for detention and the person’s whereabouts, and ask the adult to come to the
police station to see them. If the appropriate adult:
¢ is already at the station when information is given as in paragraphs 3.1 to
3.5 the information must be given in their presence
¢ is not at the station when the provisions of paragraph 3.1 to 3.5 are
complied with these provisions must be complied with again in their
presence once they arrive. See paragraphs 3.10 to 3.12.
4 If the appropriate adult, having been informed of the right to legal advice,
considers legal advice should be taken, the provisions of section 6 apply as if
the mentally disordered or otherwise mentally vulnerable person had
requested access to legal advice. See paragraph 3.14 and Note E1.
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The custody officer must make sure a person receives appropriate clinical
attention as soon as reasonably practicable if the person appears to be suffering
from a mental disorder or in urgent cases immediately call the nearest forensic
medical officer or an ambulance. It is not intended these provisions delay the
transfer of a detainee to a place of safety under Article 130 of the Mental
Health (Northern Ireland) Order 1986 if that is applicable. If an assessment
under that Order is to take place at a police station, the custody officer must
consider whether a forensic medical officer should be called to conduct an
initial clinical check on the detainee. See paragraphs 9.5 and 9.6.
It is imperative a mentally disordered or otherwise mentally vulnerable person
detained under Article 130 of the Mental Health (Northern Ireland) Order
1986 be assessed as soon as possible. If that assessment is to take place at the
police station, an approved social worker and registered medical practitioner
shall be called to the station as soon as possible in order to interview and
examine the detainee. Once the detainee has been interviewed, examined and
suitable arrangements been made for their treatment or care, they can no longer C
be detained under Article 130. A detainee should be immediately discharged
from detention if a registered medical practitioner, having examined them,
concludes they are not mentally disordered within the meaning of the Order.
See paragraph 3.11.
If a mentally disordered or otherwise mentally vulnerable person is cautioned
in the absence of the appropriate adult, the caution must be repeated in the
appropriate adult's presence. See paragraph 10.12.
A mentally disordered or otherwise mentally vulnerable person must not be
interviewed or asked to provide or sign a written statement in the absence of
the appropriate adult unless the provisions of paragraphs 11.1 or 11.18 to 11.20
apply. Questioning in these circumstances may not continue in the absence of
the appropriate adult once sufficient information to avert the risk has been
obtained. A record shall be made of the grounds for any decision to begin an
interview in these circumstances. See paragraphs 11.1, 11.15 and 11.18 to 11.20.
If the appropriate adult is present at an interview, they shall be informed they
are not expected to act simply as an observer and the purposes of their
presence are to:
¢ advise the interviewee
¢ observe whether or not the interview is being conducted properly and fairly
* facilitate communication with the interviewee. See paragraph 11.17.
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10.
11.
12.
13.
Notes
E1
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If the detention of a mentally disordered or otherwise mentally vulnerable person
is reviewed by a review officer or a superintendent, the appropriate adult
must, if available at the time, be given an opportunity to make representations
to the officer about the need for continuing detention. See paragraph 15.3.
If the custody officer decides to charge a mentally disordered or otherwise
mentally vulnerable person with an offence or takes such other action as is
appropriate when there is sufficient evidence for a prosecution this must be
done in the presence of the appropriate adult. The written notice embodying
any charge must be given to the appropriate adult. See paragraphs 16.1 to
16.4A,
An intimate or strip search of a mentally disordered or otherwise mentally
vulnerable person may take place only in the presence of the appropriate adult
of the same sex, unless the detainee specifically requests the presence of a
particular adult of the opposite sex. A strip search may take place in the absence
of an appropriate adult only in cases of urgency when there is a risk of serious
harm to the detainee or others. See Annex A, paragraphs 5 and 11(c).
Particular care must be taken when deciding whether to use any form of
approved restraints on a mentally disordered or otherwise mentally vulnerable
person in a locked cell. See paragraph 8.2.
for guidance
The purpose of the provision at paragraph 3.14 is to protect the rights of a
mentally disordered or otherwise mentally vulnerable detained person who
does not understand the significance of what is said to them. If the detained
person wants to exercise the right to legal advice, the appropriate action
should be taken and not delayed until the appropriate adult arrives. A mentally
disordered or otherwise mentally vulnerable detained person should always be
given an opportunity, when an appropriate adult is called to the police station,
to consult privately with a solicitor in the absence of the appropriate adult if
they want.
Although people who are mentally disordered or otherwise mentally
vulnerable are often capable of providing reliable evidence, they may, without
knowing or wanting to do so, be particularly prone in certain circumstances to
provide information that may be unreliable, misleading or self-incriminating.
Special care should always be taken when questioning such a person, and the
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appropriate adult should be involved if there is any doubt about a person’s
mental state or capacity. Because of the risk of unreliable evidence, it is
important to obtain corroboration of any facts admitted whenever possible.
Because of the risks referred to in Note E2, which the presence of the
appropriate adult is intended to minimise, officers of superintendent rank or
above should exercise their discretion to authorise the commencement of an
interview in the appropriate adult’s absence only in exceptional cases, if it is
necessary to avert an immediate risk of serious harm. See paragraphs 11.1,
11.18 to 11.20.
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Countries with which Bilateral Consular
Conventions or Agreements Requiring Notification
of the Arrest and Detention of their Nationals are
in force as at 1 April 2003
¢ Armenia
¢ Austria
* Azerbaijan
* Belarus
* Belgium
* Bosnia — Herzegovina
¢ Bulgaria
* Croatia
* Cuba
* Czech Republic
* Denmark
* Egypt
¢ France
¢ Georgia
* German Federal Republic
¢ Greece
¢ Hungary
* Italy
¢ Japan
Kazakhstan
Macedonia
Mexico
Moldova
Mongolia
Norway
Poland
Romania
Russia
Slovak Republic
Slovenia
Spain
Sweden
Tajikistan
Turkmenistan
Ukraine
USA
Uzbekistan
Yugoslavia
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ANNEX G -— Fitness to be Interviewed
1.
This Annex contains general guidance to help police officers and forensic
medical officers assess whether a detainee might be at risk in an interview.
A detainee may be at risk in an interview if it is considered that:
(a) conducting the interview could significantly harm the detainee’s physical
or mental state;
(b) anything the detainee says in the interview about their involvement or
suspected involvement in the offence about which they are being
interviewed might be considered unreliable in subsequent court
proceedings because of their physical or mental state.
In assessing whether the detainee should be interviewed, the following must
be considered: C
(a) how the detainee’s physical or mental state might affect their ability to
understand the nature and purpose of the interview, to comprehend what
is being asked and to appreciate the significance of any answers given and
make rational decisions about whether they want to say anything;
(b) the extent to which the detainee’s replies may be affected by their physical
or mental condition rather than representing a rational and accurate
explanation of their involvement in the offence;
(c) how the nature of the interview, which could include particularly probing
questions, might affect the detainee.
It is essential forensic medical officers who are consulted consider the functional
ability of the detainee rather than simply relying on a medical diagnosis, e.g. it
is possible for a person with severe mental illness to be fit for interview.
Forensic medical officers should advise on the need for an appropriate adult to
be present, whether reassessment of the person’s fitness for interview may be
necessary if the interview lasts beyond a specified time, and whether a further
specialist opinion may be required.
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When forensic medical officers identify risks they should be asked to quantify
the risks. They should inform the custody officer:
¢ whether the person’s condition:
- is likely to improve
- will require or be amenable to treatment; and
* indicate how long it may take for such improvement to take effect.
The role of the forensic medical officer is to consider the risks and advise the
custody officer of the outcome of that consideration. The forensic medical
officer's determination and any advice or recommendations should be made in
writing and form part of the custody record.
Once the forensic medical officer has provided that information, it is a matter
for the custody officer to decide whether or not to allow the interview to go
ahead and if the interview is to proceed, to determine what safeguards are
needed. Nothing prevents safeguards being provided in addition to those
required under the Code.
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ANNEX H — Detained Person: Observation List
1.
If any detainee fails to meet any of the following criteria, a forensic medical
officer or an ambulance must be called.
When assessing the level of rousability, consider:
Rousability- can they be woken?
* go into the cell
* call their name
¢ shake gently
Response to questions- can they give appropriate answers to questions such as:
* What's your name?
¢ Where do you live?
¢ Where do you think you are?
Response to commands- can they respond appropriately to commands such as: ©
¢ Open your eyes!
© Lift one arm, now the other arm!
Remember to take into account the possibility or presence of other illnesses,
injury, or mental condition, a person who is drowsy and smells of alcohol may
also have the following:
¢ Diabetes
* Epilepsy
¢ Head injury
* Drug intoxication or overdose
¢ Stroke
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ANNEX K - X-Rays and Ultrasound Scans
(a) Action
Article 56A of the Police and Criminal Evidence (Northern Ireland) Order 1989
allows a person who has been arrested and is in police detention to have an
X-ray taken of them or an ultrasound scan to be carried out on them (or both) if:
(a) authorised by an officer of inspector rank or above who has reasonable
grounds for believing that the detainee:
(i) may have swallowed a Class A drug; and
(ii) was in possession of that Class A drug with the intention of supplying
it to another or to export; and
(b) the detainee’s appropriate consent has been given in writing.
Before an x-ray is taken or an ultrasound scan carried out, a police officer,
designated detention officer or staff custody officer must tell the detainee:-
(a) that the authority has been given; and
(b) the grounds for giving the authorisation.
Before a detainee is asked to give appropriate consent to an x-ray or an ultra-
sound scan, they must be warned that if they refuse without good cause their
refusal may harm their case if it comes to trial, see Notes K7 and K2. This
warning may be given by a police officer or member of police staff. A detainee
who is not legally represented must be reminded of their entitlement to have
legal advice, see Code C, paragraph 6.4, and the reminder noted in the
custody record.
An x-ray may be taken, or an ultrasound scan may be carried out, only by a
registered medical practitioner or registered nurse, and only at a hospital,
surgery or other medical premises.
(b) Documentation
The following shall be recorded as soon as practicable in the detainee’s
custody record:
(a) the authorisation to take the x-ray or carry out the ultrasound scan (or both);
Notes for guidance ©
K1
K2
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(b) the grounds for giving the authorisation;
(b)_ the giving of the warning required by paragraph 3; and
(c) the fact that the appropriate consent was given or (as the case may be)
refused, and if refused, the reason given for the refusal (if any); and
(e) if an x-ray is taken or an ultrasound scan carried out:
Paragraphs 1.4 - 1.7 of this Code apply and an appropriate adult should be
present when consent is sought to any procedure under this Annex.
where it was taken or carried out
who took it or carried it out
who was present
the result.
If authority is given for an x-ray to be taken or an ultrasound scan to be carried
out (or both), consideration should be given to asking a registered medical
practitioner or registered nurse to explain to the detainee what is involved and
to allay any concerns the detainee might have about the effect which taking an
x-ray or carrying out an ultrasound scan might have on them. If appropriate
consent is not given, evidence of the explanation may, if the case comes to trial,
be relevant to determining whether the detainee had a good cause for refusing.
In warning a detainee who is asked to consent to an X-ray being taken or an
ultrasound scan being carried out (or both), as in paragraph 3, the following
form of words may be used:
“You do not have to allow an x-ray of you to be taken or an ultrasound scan to
be carried out on you, but I must warn you that if you refuse without good
cause, your refusal may harm your case if it comes to trial.”
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Code of
Practice D
Code of Practice for the Identification of Persons by Police
Officers
I, Commencement) - Transitional Arrangements
This code has effect in relation tO any) identification! procedure carnied out after
midnightion\28 February 2007,
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1.3
1.3A
1.4
1.6
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Introduction
This Code of Practice 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.
This Code of Practice does not apply to persons arrested or detained under the
Terrorism Act 2000.
Identification by witnesses arises, e.g., if the offender is seen committing the
crime and a witness is given an opportunity to identify the suspect in a video
identification, identification parade or similar procedure. The procedures are
designed to:
* test the witness’ ability to identify the person they saw on a previous occasion
* provide safeguards against mistaken identification.
While this Code concentrates on visual identification procedures, it does not
preclude the police making use of aural identification procedures such as a
“voice identification parade”, where they judge that appropriate.
Identification by fingerprints applies when a person’s fingerprints are taken to:
* compare with fingerprints found at the scene of a crime
¢ check and prove convictions
¢ help to ascertain a person’s identity.
Identification using footwear impressions applies when a person's footwear
impressions are taken to compare with impressions found at the scene of a crime.
Identification by body samples and impressions includes taking samples such
as blood or hair to generate a DNA profile for comparison with material
obtained from the scene of a crime, or a victim.
Taking photographs of arrested people applies to recording and checking
identity and locating and tracing persons who:
* are wanted for offences
¢ fail to answer their bail.
Another method of identification involves searching and examining detained
suspects to find, e.g., marks such as tattoos or scars which may help establish
their identity or whether they have been involved in committing an offence.
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1.7 The provisions of the Police and Criminal Evidence (NI) Order 1989 (PACE)
and this Code are designed to make sure fingerprints, samples, impressions
and photographs are taken, used and retained, and identification procedures
carried out, only when justified and necessary for preventing, detecting or
investigating crime. If these provisions are not observed, the application of the
relevant procedures in particular cases may be open to question.
1.8 When conducting any of the identification procedures outlined in this Code of
Practice, police officers should be aware of the need to act without
discrimination on the grounds of religious belief or political opinion, racial
group, age, marital status, sexual orientation, gender, or disability.
2. General
2.1. This Code must be readily available at all police stations for consultation by:
¢ police officers and police staff
¢ detained persons
* appropriate adults
¢ legal representatives
* members of the public
2.2. The notes for guidance included are not provisions of this code, but are
guidance to police officers and others about its application and interpretation.
Provisions in the annexes to the code are provisions of this code.
2.3. Code C, paragraph 1.4, regarding a person who may be mentally disordered
or otherwise mentally vulnerable and the Notes for guidance applicable to
those provisions apply to this Code.
2.4 Code C, paragraph 1.5, regarding a person who appears to be under the age
of 17 applies to this Code.
2.5. Code C, paragraph 1.6, regarding a person who appears blind, seriously
visually impaired, deaf, unable to read or speak or has difficulty orally
because of a speech impediment applies to this Code.
2.6 — In this Code:
* ‘appropriate adult’ means the same as in Code C, paragraph 1.7,
¢ ‘solicitor’ means the same as in Code C, paragraph 6.11
and the Notes for guidance applicable to those provisions apply to this Code.
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References to custody officers include those performing the functions of a
custody officer, see paragraph 1.9 of Code C.
When a record of any action requiring the authority of an officer of a specified
rank is made under this Code, subject to paragraph 2.18, the officer’s name
and rank must be recorded.
When this Code requires the prior authority or agreement of an officer of at
least inspector or superintendent rank, that authority may be given by a sergeant
or chief inspector who has been authorised to perform the functions of the
higher rank under Article 84 of the PACE (NI) Order 1989.
Subject to paragraph 2.18, all records must be timed and signed by the maker.
Records must be made in the custody record, unless otherwise specified.
References to ‘note book’ include any official report book issued to police
officers or police staff.
If any procedure in this Code requires a person’s consent, the consent of a:
* mentally disordered or otherwise mentally vulnerable person is only valid
if given in the presence of the appropriate adult
¢ juvenile, is only valid if their parent’s or guardian’s consent is also obtained
unless the juvenile is under 14, when their parent's or guardian’s consent is
sufficient in its own right. If the only obstacle to an identification
procedure in section 3 is that a juvenile’s parent or guardian refuses
consent or reasonable efforts to obtain it have failed, the identification
officer may apply the provisions of paragraph 3.22. See Note 2A.
If a person is blind, seriously visually impaired or unable to read, the custody
officer or identification officer shall make sure their solicitor, relative, appropriate
adult or some other person likely to take an interest in them and not involved
in the investigation is available to help check any documentation. When this
Code requires written consent or signing, the person assisting may be asked to
sign instead, if the detainee prefers. This paragraph does not require an
appropriate adult to be called solely to assist in checking and signing docu-
mentation for a person who is not a juvenile, or mentally disordered or otherwise
mentally vulnerable (see Note 2B and Code C paragraph 3.10).
If any procedure in this Code requires information to be given to or sought from
a suspect, it must be given or sought in the appropriate adult’s presence if the
suspect is mentally disordered, otherwise mentally vulnerable or a juvenile. If
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the appropriate adult is not present when the information is first given or sought,
the procedure must be repeated in the presence of the appropriate adult when
they arrive. If the suspect appears deaf or there is doubt about their hearing or
speaking ability or ability to understand English, and effective communication
cannot be established, the information must be given or sought through an
interpreter.
2.15 Any procedure in this Code involving the participation of a suspect who is
mentally disordered, otherwise mentally vulnerable or a juvenile, must take
place in the presence of the appropriate adult. See Code C paragraph 1.4 and
Note 1G.
2.16 References to:
¢ ‘taking a photograph’, include the use of any process to produce a single,
still, or moving visual image
* ‘photographing a person’, should be construed accordingly
¢ ‘photographs’, ‘films’, ‘negatives’ and ‘copies’ include relevant visual
images recorded, stored, or reproduced through any medium
¢ ‘destruction’ includes the deletion of computer data relating to such
images or making access to that data impossible.
2.17 Except as described, nothing in this Code affects the powers and procedures:
(i) for requiring and taking samples of breath, blood and urine in relation to
driving offences, etc, when under the influence of drink, drugs or excess
alcohol under Articles 13 to 21 of the Road Traffic (NI) Order 1995;
(ii) under the Immigration Act 1971, Schedule 2, paragraph 18, for taking
photographs and fingerprints from persons detained under that Act,
Schedule 2, paragraph 16 (Administrative Controls as to Control on Entry
etc.); for taking fingerprints in accordance with the Immigration and
Asylum Act 1999; sections 141 and 142(3), or other methods for
collecting information about a person’s external physical characteristics
provided for by regulations made under that Act, section 144;
(ii
for taking photographs, fingerprints, skin impressions, body samples or
impressions from people who have been:
* arrested on warrants issued in Scotland, by officers exercising powers
under the Criminal Justice and Public Order Act 1994, section 136(2)
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¢ arrested or detained without warrant by officers from a police force in
Scotland exercising their powers of arrest or detention under the
Criminal Justice and Public Order Act 1994, section 137(2), (Cross
Border powers of arrest etc.).
Note: In these cases, police powers and duties and the person’s rights and
entitlements whilst at a police station in Northern Ireland are the same as
if the person had been arrested in Scotland by a Scottish police officer.
Nothing in this Code requires the identity of officers or police staff to be
recorded or disclosed if the officers or police staff reasonably believe
recording or disclosing their names might put them in danger. In these cases,
they shall use their police identification numbers and the name of their police
station. See Note 2C:
(a) in the case of enquiries linked to the investigation of terrorism;
(b)_ if the officers or police staff reasonably believe recording or disclosing
their names might put them in danger.
In these cases, they shall use their police identification numbers and the name
of their police station. See Note 2D.
In this Code:
(a) ‘designated person’ means a person other than a police officer, designated
under the Police (NI) Act 2003, Part 2, who has specified powers and
duties of police officers conferred or imposed on them;
(b) any reference to a police officer includes a designated person acting in
the exercise or performance of the powers and duties conferred or
imposed on them by their designation.
If a power conferred on a designated person:
(a) allows reasonable force to be used when exercised by a police officer, a
designated person exercising that power has the same entitlement to use
force;
(b) includes power to use force to enter any premises, that power is not
exercisable by that designated person except:
(i) in the company, and under the supervision, of a police officer; or
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(ii) for the purpose of:
* saving life or limb; or
* preventing serious damage to property.
2.21 Nothing in this Code prevents the custody officer, or other officer given
custody of the detainee, from allowing police staff who are not designated
persons to carry out individual procedures or tasks at the police station if the
law allows. However, the officer remains responsible for making sure the
procedures and tasks are carried out correctly in accordance with the Codes of
Practice. Any such person must be:
(a) a person employed by the Northern Ireland Policing Board and under the
control and direction of the Chief Constable;
(b) employed by a person with whom the Northern Ireland Policing Board
has a contract for the provision of services relating to persons arrested or
otherwise in custody.
2.22 Designated persons and other police staff must have regard to any relevant
provisions of the Codes of Practice.
Notes for guidance
2A For the purposes of paragraph 2.12, the consent required from a parent or
guardian may, for a juvenile in the care of the Department of Health, Social
Services and Public Safety or a Health and Social Services Board, be given by
that Department or Board. In the case of a juvenile, nothing in paragraph 2.12
requires the parent, guardian or representative of a local authority or voluntary
organisation to be present to give their consent, unless they are acting as the
appropriate adult under paragraphs 2.14 or 2.15. However, it is important that
a parent or guardian not present is fully informed before being asked to consent.
They must be given the same information about the procedure and the juvenile’s
suspected involvement in the offence as the juvenile and appropriate adult.
The parent or guardian must also be allowed to speak to the juvenile and the
appropriate adult if they wish. Provided the consent is fully informed and is
not withdrawn, it may be obtained at any time before the procedure takes place.
2B People who are seriously visually impaired or unable to read may be unwilling
to sign police documents. The alternative, i.e. their representative signing on
their behalf, seeks to protect the interests of both police and suspects.
2C
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The purpose of paragraph 2.18 is to protect those involved in serious
organised crime investigations or arrests of particularly violent suspects when
there is a reasonable belief that those arrested or their associates may threaten
or cause harm to the officers. In cases of doubt, an officer of inspector rank or
above should be consulted.
Identification by Witnesses
A record shall be made of the suspect's description as first given by a potential
witness. This record must:
(a) be made and kept in a form which enables details of that description to
be accurately produced from it, in a visible and legible form, which can
be given to the suspect or the suspect's solicitor in accordance with this
Code; and
(b) unless otherwise specified, be made before the witness takes part in any
identification procedures under paragraphs 3.5 to 3.10, 3.22 or 3.24.
A copy of the record shall where practicable, be given to the suspect or their
solicitor before any procedures under paragraphs 3.5 to 3.10, 3.22 or 3.24 are
carried out. See Note 3E.
(a) Cases when the suspect's identity is not known
In cases when the suspect's identity is not known, a witness may be taken to a
particular neighbourhood or place to see whether they can identify the person
they saw. Although the number, age, sex, race, general description and style of
clothing of other people present at the location and the way in which any
identification is made cannot be controlled, the principles applicable to the
formal procedures under paragraphs 3.5 to 3.10 shall be followed as far as
practicable. For example:
(a) where it is practicable to do so, a record should be made of the witness’
description of the suspect, as in paragraph 3.1(a), before asking the
witness to make an identification;
(b) care must be taken not to direct the witness’ attention to any individual
unless, taking into account all the circumstances, this cannot be avoided.
However, this does not prevent a witness being asked to look carefully at
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the people around at the time or to look towards a group or in a particular
direction, if this appears necessary to make sure that the witness does not
overlook a possible suspect simply because the witness is looking in the
opposite direction and also to enable the witness to make comparisons
between any suspect and others who are in the area; See Note 3F.
(c) where there is more than one witness, every effort should be made to
keep them separate and witnesses should be taken to see whether they
can identify a person independently;
(d) once there is sufficient information to justify the arrest of a particular
individual for suspected involvement in the offence, e.g., after a witness
makes a positive identification, the provisions set out from paragraph 3.4
onwards shall apply for any other witnesses in relation to that individual.
Subject to paragraphs 3.12 and 3.13, it is not necessary for the witness
who makes such a positive identification to take part in a further procedure;
(e) the officer or police staff accompanying the witness must record, in their
note book, the action taken as soon as, and in as much detail, as possible.
The record should include: the date, time and place of the relevant occasion
the witness claims to have previously seen the suspect; where any
identification was made; how it was made and the conditions at the time
(e.g. the distance the witness was from the suspect, the weather and light);
if the witness’s attention was drawn to the suspect; the reason for this; and
anything said by the witness or the suspect about the identification or the
conduct of the procedure.
3.3. A witness must not be shown photographs, computerised or artist’s composite
likenesses or similar likenesses or pictures (including ‘E-fit’ images) if the identity
of the suspect is known to the police and the suspect is available to take part
in a video identification, an identification parade or a group identification. If
the suspect's identity is not known, the showing of such images to a witness to
obtain identification evidence must be done in accordance with Annex E.
(b) Cases when the suspect is known and available
3.4 If the suspect's identity is known to the police and they are available, the
identification procedures set out in paragraphs 3.5 to 3.10 may be used.
References in this section to a suspect being ‘known’ mean there is sufficient
information known to the police to justify the arrest of a particular person for
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suspected involvement in the offence. A suspect being ‘available’ means they
are immediately available or will be within a reasonably short time and willing
to take an effective part in at least one of the following which it is practicable
to arrange:
e video identification;
¢ identification parade; or
* group identification.
Video identification
3.5 A ‘video identification’ is when the witness is shown moving images of a
known suspect, together with similar images of others who resemble the
suspect. Moving images must be used unless:
* the suspect is known but not available Gee paragraph 3.22 of this Code); or
¢ in accordance with paragraph 2A of Annex A of this Code, the identification
officer does not consider that replication of a physical feature can be
achieved or that it is not possible to conceal the location of the feature on
the image of the suspect.
The identification officer may then decide to make use of video identification
but using still images.
3.6 Video identifications must be carried out in accordance with Annex A.
Identification parade
3.7. An ‘identification parade’ is when the witness sees the suspect in a line of
others who resemble the suspect.
3.8 Identification parades must be carried out in accordance with Annex B.
Group identification
3.9 A ‘group identification’ is when the witness sees the suspect in an informal
group of people.
3.10 Group identifications must be carried out in accordance with Annex C.
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Arranging identification procedures
3.11 Except for the provisions in paragraph 3.20, the arrangements for, and conduct
of, the identification procedures in paragraphs 3.5 to 3.10 and circumstances
in which an identification procedure must be held shall be the responsibility
of an officer not below inspector rank who is not involved with the investigation,
‘the identification officer’. Unless otherwise specified, the identification officer
may allow another officer or police staff, see paragraph 2.21, to make
arrangements for, and conduct, any of these identification procedures. In
delegating these procedures, the identification officer must be able to
supervise effectively and either intervene or be contacted for advice. No
officer or any other person involved with the investigation of the case against
the suspect, beyond the extent required by these procedures, may take any
part in these procedures or act as the identification officer. This does not
prevent the identification officer from consulting the officer in charge of the
investigation to determine which procedure to use. When an identification
procedure is required, in the interest of fairness to suspects and witnesses, it
must be held as soon as practicable.
Circumstances in which an identification procedure must be held
3.12 Whenever:
(i) a witness has identified a suspect or purported to have identified them
prior to any identification procedure set out in paragraphs 3.5 to 3.10
having been held; or
(ii) there is a witness available, who expresses an ability to identify the suspect,
or where there is a reasonable chance of the witness being able to do so,
and they have not been given an opportunity to identify the suspect in any
of the procedures set out in paragraphs 3.5 to 3.10,
and the suspect disputes being the person the witness claims to have seen, an
identification procedure shall be held unless it is not practicable or it would
serve no useful purpose in proving or disproving whether the suspect was
involved in committing the offence. For example, when it is not disputed that
the suspect is already well known to the witness who claims to have seen
them commit the crime.
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Such a procedure may also be held if the officer in charge of the investigation
considers it would be useful.
Selecting an identification procedure
3.14
If, because of paragraph 3.12, an identification procedure is to be held, the
suspect shall initially be offered a video identification unless:
(a) a video identification is not practicable; or
(b) an identification parade is both practicable and more suitable than a
video identification; or
(c) paragraph 3.16 applies.
The identification officer and the officer in charge of the investigation shall
consult each other to determine which option is to be offered. An identification
parade may not be practicable because of factors relating to the witnesses,
such as their number, state of health, availability and travelling requirements.
A video identification would normally be more suitable if it could be arranged
and completed sooner than an identification parade.
A suspect who refuses the identification procedure first offered shall be asked
to state their reason for refusing and may get advice from their solicitor and/or
if present, their appropriate adult. The suspect, solicitor and/or appropriate
adult shall be allowed to make representations about why another procedure
should be used. A record should be made of the reasons for refusal and any
representations made. After considering any reasons given, and representations
made, the identification officer shall, if appropriate, arrange for the suspect to
be offered an alternative which the officer considers suitable and practicable.
If the officer decides it is not suitable and practicable to offer an alternative
identification procedure, the reasons for that decision shall be recorded.
A group identification may initially be offered if the officer in charge of the
investigation considers it is more suitable than a video identification or an
identification parade and the identification officer considers it practicable to
arrange.
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Notice to suspect
3.17
Unless paragraph 3.21 applies, before a video identification, an identification
parade or group identification is arranged, the following shall be explained to
the suspect:
(vi)
the purposes of the video identification, identification parade or group
identification;
their entitlement to legal advice; see Code C, paragraph 6.4;
the procedures for holding it, including their right to have a solicitor or
friend present;
that they do not have to consent to or co-operate in a video identification,
identification parade or group identification;
that if they do not consent to, and co-operate in, a video identification,
identification parade or group identification, their refusal may be given in
evidence in any subsequent trial and police may proceed covertly without
their consent or make other arrangements to test whether a witness can
identify them, see paragraph 3.22;
whether, for the purposes of the video identification procedure, images of
them have previously been obtained, see paragraph 3.21, and if so, that
they may co-operate in providing further, suitable images to be used
instead;
(vii) if appropriate, the special arrangements for juveniles;
(viii) if appropriate, the special arrangements for mentally disordered or
(ix)
otherwise mentally vulnerable people;
that if they significantly alter their appearance between being offered an
identification procedure and any attempt to hold an identification
procedure, this may be given in evidence if the case comes to trial, and
the identification officer may then consider other forms of identification,
see paragraph 3.22 and Note 3C;
that a moving image or photograph may be taken of them when they
attend for any identification procedure;
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(xi) whether, before their identity became known, the witness was shown
photographs, a computerised or artist’s composite likeness or similar
likeness or image by the police; see Note 3B;
(xii) that if they change their appearance before an identification parade, it
may not be practicable to arrange one on the day or subsequently and,
because of the appearance change, the identification officer may consider
alternative methods of identification; see Note 3C;
(xiii) that they or their solicitor will be provided with details of the description
of the suspect as first given by any witnesses who are to attend the video
identification, identification parade, group identification or confrontation,
see paragraph 3.1.
This information must also be recorded in a written notice handed to the
suspect. The suspect must be given a reasonable opportunity to read the
notice, after which, they should be asked to sign a second copy to indicate if
they are willing to co-operate with the making of a video or take part in the
identification parade or group identification. The signed copy shall be retained
by the identification officer.
Where a suspect's solicitor, interpreter or friend is not present at an identification
procedure and the identification officer believes that awaiting their arrival
would cause unreasonable delay, then the procedure may take place in their
absence, provided it is authorised by an officer of the rank of superintendent
or above who is not involved with the investigation of the offence for which
the identification procedure has been convened.
The duties of the identification officer under paragraphs 3.17 and 3.18 may be
performed by the custody officer or other officer not involved in the
investigation if:
(a) it is proposed to release the suspect in order that an identification procedure
can be arranged and carried out and an inspector is not available to act as
the identification officer, see paragraph 3.11, before the suspect leaves the
station; or
(b) it is proposed to keep the suspect in police detention whilst the procedure
is arranged and carried out and waiting for an inspector to act as the
identification officer, see paragraph 3.11, would cause unreasonable delay
to the investigation.
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The officer concerned shall inform the identification officer of the action taken
and give them the signed copy of the notice. See Note 3C.
3.21 If the identification officer and officer in charge of the investigation suspect, on
reasonable grounds that if the suspect was given the information and notice as
in paragraphs 3.17 and 3.18, they would then take steps to avoid being seen
by a witness in any identification procedure, the identification officer may
arrange for images of the suspect suitable for use in a video identification
procedure to be obtained before giving the information and notice. If suspect's
images are obtained in these circumstances, the suspect may, for the purposes
of a video identification procedure, co-operate in providing suitable new
images to be used instead, see paragraph 3.17(vi).
(c) Cases when the suspect is known but not available
3.22. When a known suspect is not available or has ceased to be available, see
paragraph 3.4, the identification officer may make arrangements for a video
identification (see Annex A). If necessary, the identification officer may follow
the video identification procedures but using still images. Any suitable moving
or still images may be used and these may be obtained covertly if necessary.
Alternatively, the identification officer may make arrangements for a group
identification. See Note 3D. These provisions may also be applied to juveniles
where the consent of their parent or guardian is either refused or reasonable
efforts to obtain that consent have failed (see paragraph 2.12).
3.23. Any covert activity should be strictly limited to that necessary to test the ability
of the witness to identify the suspect.
3.24 The identification officer may arrange for the suspect to be confronted by the
witness if none of the options referred to in paragraphs 3.5 to 3.10 or 3.22 are
practicable. A “confrontation” is when the suspect is directly confronted by the
witness. A confrontation does not require the suspect's consent. Confrontations
must be carried out in accordance with Annex D.
3.25 Requirements for information to be given to, or sought from, a suspect or for
the suspect to be given an opportunity to view images before they are shown
to a witness, do not apply if the suspect’s lack of co-operation prevents the
necessary action.
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3.27
3.28
3.29
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(d) Documentation
A record shall be made of the video identification, identification parade, group
identification or confrontation on forms provided for the purpose.
If the identification officer considers it is not practicable to hold a video
identification or identification parade requested by the suspect, the reasons
shall be recorded and explained to the suspect.
A record shall be made of a person’s failure or refusal to co-operate in a video
identification, identification parade or group identification and, if applicable,
of the grounds for obtaining images in accordance with paragraph 3.21.
(e) Showing films and photographs of incidents and information
released to the media.
Nothing in this Code inhibits showing films or photographs to the public
through the national or local media, or to police officers for the purposes of
recognition and tracing suspects. However, when such material is shown to
potential witnesses, including police officers, see Note 3A, to obtain identification
evidence, it shall be shown on an individual basis to avoid any possibility of
collusion, and, as far as possible, the showing shall follow the principles for
video identification if the suspect is known, see Annex A, or identification by
photographs if the suspect is not known, see Annex E.
When a broadcast or publication is made, see paragraph 3.29, a copy of the
relevant material released to the media for the purposes of recognising or
tracing the suspect, shall be kept. The suspect or their solicitor shall be allowed
to view such material before any procedures under paragraphs 3.5 to 3.10,
3.22 or 3.24 are carried out, provided it is practicable and would not unreasonably
delay the investigation. Each witness involved in the procedure shall be asked,
after they have taken part, whether they have seen any broadcast or published
films or photographs relating to the offence or any description of the suspect
and their replies shall be recorded. This paragraph does not affect any separate
requirement under the Criminal Procedure and Investigations Act 1996 to
retain material in connection with criminal investigations.
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(f) Destruction and retention of photographs taken or used in
identification procedures
3.31 Article 64A of the Police and Criminal Evidence (NI) Order 1989, see
paragraph 5.12, provides powers to take photographs of suspects and allows
these photographs to be used or disclosed only for purposes related to the
prevention or detection of crime, the investigation of offences or the conduct
of prosecutions by, or on behalf of, police or other law enforcement and
prosecuting authorities inside and outside the United Kingdom or the
enforcement of a sentence. After being so used or disclosed, they may be
retained but can only be used or disclosed for the same purposes.
3.32 Subject to paragraph 3.34, the photographs (and all negatives and copies), of
suspects not taken in accordance with the provisions in paragraph 5.12 which
are taken for the purposes of, or in connection with, the identification
procedures in paragraphs 3.5 to 3.10, 3.22 or 3.24 must be destroyed unless
the suspect:
(a) is charged with, or informed they may be prosecuted for, a recordable
offence;
(b) is prosecuted for a recordable offence;
(c) is cautioned for a recordable offence; or
(d)_ gives informed consent, in writing, for the photograph or images to be
retained for purposes described in paragraph 3.31.
3.33 When paragraph 3.32 requires the destruction of any photograph, the person
must be given an opportunity to witness the destruction or to have a certificate
confirming the destruction if they request one within five days of being
informed that the destruction is required.
3.34 Nothing in paragraph 3.32 affects any separate requirement under the Criminal
Procedure and Investigations Act 1996 to retain material in connection with
criminal investigations.
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Notes for Guidance
3A
3B
3C
3D
3E
3F
Except for the provisions of Annex E, paragraph 1, a police officer who is a
witness for the purposes of this part of the Code is subject to the same principles
and procedures as a civilian witness.
When a witness attending an identification procedure has previously been
shown photographs, or been shown or provided with computerised or artist’s
composite likenesses, or similar likenesses or pictures, it is the officer in
charge of the investigation’s responsibility to make the identification officer
aware of this.
The purpose of paragraph 3.20 is to avoid or reduce delay in arranging
identification procedures by enabling the required information and warnings,
see sub-paragraphs 3.17(ix) and 3.17(xii), to be given at the earliest opportunity.
Paragraph 3.22 would apply when a known suspect deliberately makes them-
selves ‘unavailable’ in order to delay or frustrate arrangements for obtaining
identification evidence. It also applies when a suspect refuses or fails to take
part in a video identification, an identification parade or a group identification,
or refuses or fails to take part in the only practicable options from that list. It
enables any suitable images of the suspect, moving or still, which are available
or can be obtained, to be used in an identification procedure. Examples include
images from custody and other CCTV systems and from visually recorded
interview records, See Code F, Note for Guidance 2D.
When it is proposed to show photographs to a witness in accordance with
Annex E, it is the responsibility of the officer in charge of the investigation to
confirm to the officer responsible for supervising and directing the showing,
that the first description of the suspect given by that witness has been
recorded. If this description has not been recorded, the procedure under
Annex E must be postponed. See Annex E paragraph 2.
The admissibility and value of identification evidence obtained when carrying
out the procedure under paragraph 3.2 may be compromised if:
(a) before a person is identified, the witness’ attention is specifically drawn to
that person; or
(b) the suspect’s identity becomes known before the procedure.
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Identification by fingerprints and footwear impressions.
Taking fingerprints in connection with a criminal investigation
(a) General
References to ‘fingerprints’ mean any record, produced by any method, of the
skin pattern and other physical characteristics or features of a person’s:
(i) fingers; or
(ii) palms.
(b) Action
A person’s fingerprints may be taken in connection with the investigation of an
offence only with their consent or if paragraph 4.3 applies. If the person is at a
police station consent must be in writing.
Articles 29 and 61 of the PACE (NI) Order 1989, provide powers to take
fingerprints without consent from any person over the age of ten years:
(a) under Article 61(3), from a person detained at a police station in
consequence of being arrested for a recordable offence, see Note 4A, if
they have not had their fingerprints taken in the course of the investigation
of the offence unless those previously taken fingerprints are not a complete
set or some or all of those fingerprints are not of sufficient quality to allow
satisfactory analysis, comparison or matching.
(b) under Article 61(4), from a person detained at a police station who has
been charged with a recordable offence, see Note 4A, or informed they
will be reported for such an offence if they have not had their fingerprints
taken in the course of the investigation of the offence unless those
previously taken fingerprints are not a complete set or some or all of those
fingerprints are not of sufficient quality to allow satisfactory analysis,
comparison or matching.
(c)_ under Article 61(4A), from a person who has been bailed to appear at a
court or police station if the person:
(i) has answered to bail for a person whose fingerprints were taken
previously and there are reasonable grounds for believing they are
not the same person; or
4.4
4.5
4.6
(ii)
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who has answered to bail claims to be a different person from a person
whose fingerprints were previously taken; and in either case, the court
or an officer of inspector rank or above, authorises the fingerprints to
be taken at the court or police station;
(d) under Article 61(6), from a person who has been:
(i)
(ii)
(iii)
convicted of a recordable offence;
given a caution in respect of a recordable offence which, at the time
of the caution, the person admitted; or
warned for a recordable offence.
Article 29 of the PACE (NI) Order 1989 provides power to:
(a) require the person as in paragraph 4.3(d) to attend a police station to have
their fingerprints taken if the:
person has not been in police detention for the offence and has not
had their fingerprints taken in the course of the investigation of that
offence; or
fingerprints that were taken from the person in the course of the
investigation of that offence, do not constitute a complete set or
some, or all, of the fingerprints are not of sufficient quality to allow
satisfactory analysis, comparison or matching; and
arrest, without warrant, a person who fails to comply with the requirement.
Note: The requirement must be made within one month of the date the
person is convicted, cautioned or warned and the person must be given a
period of at least 7 days within which to attend. This 7 day period need
not fall during the month allowed for making the requirement.
A person’s fingerprints may be taken, as above, electronically.
Reasonable force may be used, if necessary, to take a person’s fingerprints
without their consent under the powers as in paragraphs 4.3 and 4.4.
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4.7 Before any fingerprints are taken with, or without, consent as above, the
person must be informed:
(a) of the reason their fingerprints are to be taken;
(b) of the grounds on which the relevant authority has been given if the
powers mentioned in paragraph 4.3(c) applies;
(c)_ that their fingerprints may be retained and may be subject of a speculative
search against other fingerprints, see Note 4B, unless destruction of the
fingerprints is required in accordance with Annex F, Part (a); and
(d)_ that if their fingerprints are required to be destroyed, they may witness
their destruction as provided for in Annex F, Part (a).
(c) Documentation
4.8 A record must be made as soon as possible, of the reason for taking a person’s
fingerprints without consent. If force is used, a record shall be made of the
circumstances and those present.
4.9 A record shall be made when a person has been informed under the terms of
paragraph 4.7(c), of the possibility that their fingerprints may be the subject of
a speculative search.
(B) Taking fingerprints in connection with immigration enquiries
(a) Action
4.10 A person’s fingerprints may be taken for the purposes of Immigration Service
enquiries in accordance with powers and procedures other than under PACE
and for which the Immigration Service (not the police) are responsible, only
with the person’s consent in writing or if paragraph 4.11 applies.
4.11 Powers to take fingerprints for these purposes without consent are given to
police and immigration officers under the:
(a) Immigration Act 1971, Schedule 2, paragraph 18(2), when it is reasonably
necessary for the purposes of identifying a person detained under the
Immigration Act 1971, Schedule 2, paragraph 16 (Detention of person
liable to examination or removal);
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(b) Immigration and Asylum Act 1999, section 141(7)(a), from a person who
fails to produce, on arrival, a valid passport with a photograph or some
other document satisfactorily establishing their identity and nationality if
an immigration officer does not consider the person has a reasonable
excuse for the failure;
(c) Immigration and Asylum Act 1999, section 141(7)(b), from a person who
has been refused entry to the UK but has been temporarily admitted if an
immigration officer reasonably suspects the person might break a
condition imposed on them relating to residence or reporting to a police
or immigration officer, and their decision is confirmed by a chief
immigration officer;
(d) Immigration and Asylum Act 1999, section 141(7)(c), when directions are
given to remove a person:
¢ as an illegal entrant,
¢ liable to removal under the Immigration and Asylum Act 1999, section 10,
¢ who is the subject of a deportation order from the UK;
(e) Immigration and Asylum Act 1999, section 141(7)(d), from a person
arrested under UK immigration laws under the Immigration Act 1971,
Schedule 2, paragraph 17;
(f) Immigration and Asylum Act 1999, section 141(7)(e), from a person who
has made a claim:
¢ for asylum
¢ under Article 3 of the European Convention on Human Rights; or
(g) Immigration and Asylum Act 1999, section 141(7)(f), from a person who is
a dependant of someone who falls into (b) to (f ) above.
The Immigration and Asylum Act 1999, section 142(3), gives a police and
immigration officer power to arrest, without warrant, a person who fails to
comply with a requirement imposed by the Secretary of State to attend a
specified place for fingerprinting.
Before any fingerprints are taken, with or without consent, the person must be
informed:
(a) of the reason their fingerprints are to be taken;
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(b) the fingerprints, and all copies of them, will be destroyed in accordance
with Annex F, Part B.
Reasonable force may be used, if necessary, to take a person’s fingerprints
without their consent under powers as in paragraph 4.11.
Paragraphs 4.1 and 4.8 apply to the taking of fingerprints in connection with
Immigration Enquiries.
Taking footwear impressions in connection with a criminal
investigation
(a) Action
Impressions of a person’s footwear may be taken in connection with the
investigation of an offence only with their consent or if paragraph 4.17 applies.
If the person is at a police station consent must be in writing.
Article 61A of the PACE (NI) Order 1989, provides power for a police officer
to take footwear impressions without consent from any person over the age of
ten years who is detained at a police station:
(a) in consequence of being arrested for a recordable offence, see Note 4A;
or if the detainee has been charged with a recordable offence, or
informed they will be reported for such an offence; and
(b) the detainee has not had an impression of their footwear taken in the
course of the investigation of the offence unless the previously taken
impression is not complete or is not of sufficient quality to allow
satisfactory analysis, comparison or matching (whether in the case in
question or generally).
Reasonable force may be used, if necessary, to take a footwear impression
from a detainee without consent under the power in paragraph 4.17.
Before any footwear impression is taken with, or without, consent as above,
the person must be informed:
(a) of the reason the impression is to be taken;
(b) that the impression may be retained and may be subject of a speculative
search against other impressions, see Note 4B, unless destruction of the
impression is required in accordance with Annex F, Part (a); and
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(c)_ that if their footwear impressions are required to be destroyed, they may
witness their destruction as provided for in Annex F, Part (a).
(b) Documentation
A record must be made as soon as possible, of the reason for taking a person’s
footwear impressions without consent. If force is used, a record shall be made
of the circumstances and those present.
A record shall be made when a person has been informed under the terms of
paragraph 4.19(b), of the possibility that their footwear impressions may be
subject of a speculative search.
for guidance
References to ‘recordable offences’ in this Code relate to those offences for
which convictions, cautions and warnings may be recorded in national police
records. See Article 29(4) of the PACE (NI) Order 1989 The recordable offences
current at the time when this Code was prepared, are any offences which carry
a sentence of imprisonment on conviction (irrespective of the period, or the
age of the offender or actual sentence passed) as well as the non-imprisonable
offences under the Vagrancy Act 1824 sections 3 and 4 (begging and persistent
begging), the Road Traffic (Northern Ireland) Order 1995, Article 36 (tampering
with motor vehicles) and others listed in the Northern Ireland Criminal
Records (Recordable Offences) Regulations 1989.
Fingerprints, footwear impressions or a DNA sample (and the information
derived from it) taken from a person arrested on suspicion of being involved in
a recordable offence, or charged with such an offence, or informed they will
be reported for such an offence, may be subject of a speculative search. This
means the fingerprints, footwear impressions or DNA sample may be checked
against other fingerprints, footwear impressions and DNA records held by, or
on behalf of, the police and other law enforcement authorities in, or outside,
the UK, or held in connection with, or as a result of, an investigation of an
offence inside or outside the UK. Fingerprints, footwear impressions and samples
taken from a person suspected of committing a recordable offence but not
arrested, charged or informed they will be reported for it, may be subject to a
speculative search only if the person consents in writing. The following is an
example of a basic form of words:
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“I consent to my fingerprints, footwear impressions and DNA sample and
information derived from it being retained and used only for purposes related
to the prevention and detection of a crime, the investigation of an offence or
the conduct of a prosecution either nationally or internationally. I understand
that my fingerprints, footwear impressions or DNA sample may be checked
against other fingerprints, footwear impressions and DNA records held by or
on behalf of relevant law enforcement authorities, either nationally or
internationally. I understand that once I have given my consent for my
fingerprints, footwear impressions or DNA sample to be retained and used I
cannot withdraw this consent.”
See Annex F regarding the retention and use of fingerprints taken with consent
for elimination purposes.
ut
Examinations to establish identity and the taking of
photographs
(A) Detainees at police stations
(a) Searching or examination of detainees at police stations
5.1 Article 55A of the PACE (NI) Order 1989, allows a detainee at a police station
to be searched or examined or both, to establish:
(a) whether they have any marks, features or injuries that would tend to
identify them as a person involved in the commission of an offence and to
photograph any identifying marks, see paragraph 5.5; or
(b) their identity, see Note 5A.
A person detained at a police station to be searched under a stop and
search power, see Code A, is not a detainee for the purposes of these powers.
5.2. A search and/or examination to find marks under Article 55A(1) may be
carried out without the detainee’s consent, see paragraph 2.12, only if
authorised by an officer of at least inspector rank when consent has been
withheld or it is not practicable to obtain consent, see Note 5D.
5.3. A search or examination to establish a suspect's identity under Article 55A(1)(b)
may be carried out without the detainee’s consent, see paragraph 2.12, only if
authorised by an officer of at least inspector rank when the detainee has refused
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to identify themselves or the authorising officer has reasonable grounds for
suspecting the person is not who they claim to be.
Any marks that assist in establishing the detainee’s identity, or their identification
as a person involved in the commission of an offence, are identifying marks.
Such marks may be photographed with the detainee’s consent, see paragraph
2.12; or without their consent if it is withheld or it is not practicable to obtain
it, see Note 5D.
A detainee may only be searched, examined and photographed under Article
55A, by a police officer of the same sex.
Any photographs of identifying marks, taken under Article 55A, may be used
or disclosed only for purposes related to the prevention or detection of crime,
the investigation of offences or the conduct of prosecutions by, or on behalf of,
police or other law enforcement and prosecuting authorities inside, and outside,
the UK. After being so used or disclosed, the photograph may be retained but
must not be used or disclosed except for these purposes, see Note 5B.
The powers, as in paragraph 5.1, do not affect any separate requirement under
the Criminal Procedure and Investigations Act 1996 to retain material in
connection with criminal investigations.
Authority for the search and/or examination for the purposes of paragraphs 5.2
and 5.3 may be given orally or in writing. If given orally, the authorising officer
must confirm it in writing as soon as practicable. A separate authority is
required for each purpose which applies.
If it is established a person is unwilling to co-operate sufficiently to enable a
search and/or examination to take place or a suitable photograph to be taken,
an officer may use reasonable force to:
(a) search and/or examine a detainee without their consent; and
(b) photograph any identifying marks without their consent.
The thoroughness and extent of any search or examination carried out in
accordance with the powers in Article 55A must be no more than the officer
considers necessary to achieve the required purpose. Any search or examination
which involves the removal of more than the person’s outer clothing shall be
conducted in accordance with Code C, Annex A, paragraph 11.
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An intimate search may not be carried out under the powers in Article 55A.
(b) Photographing detainees at police stations and other persons
elsewhere than at a police station.
Under Article 64A of the PACE (NI) Order 1989, an officer may photograph:
(a) any person whilst they are detained at a police station; and
(b) any person who is elsewhere than at a police station and who has been:-
(i) arrested by a constable for an offence;
(ii) taken into custody by a constable after being arrested for an offence
by a person other than a constable;
(iii) given a penalty notice by a constable in uniform under Article 58 of
the Road Traffic Offenders (Northern Ireland) Order 1996;
Photographs taken under Article 64A of the PACE (NI) Order 1989:
(a) may be taken with the person’s consent, or without their consent if
consent is withheld or it is not practicable to obtain their consent, See
Note 5E; and
(b) may be used or disclosed only for purposes related to the prevention or
detection of crime, the investigation of offences or the conduct of
prosecutions by, or on behalf of, police or other law enforcement and
prosecuting authorities inside and outside the United Kingdom or the
enforcement of any sentence or order made by a court when dealing with
an offence. After being so used or disclosed, they may be retained but can
only be used or disclosed for the same purposes. See Note 5B.
The officer proposing to take a detainee’s photograph may, for this purpose,
require the person to remove any item or substance worn on, or over, all, or
any part of, their head or face. If they do not comply with such a requirement,
the officer may remove the item or substance.
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If it is established the detainee is unwilling to co-operate sufficiently to enable
a suitable photograph to be taken and it is not reasonably practicable to take
the photograph covertly, an officer may use reasonable force:
(a) to take their photograph without their consent; and
(b) for the purpose of taking the photograph, remove any item or substance
worn on, or over, all, or any part of, the person’s head or face which they
have failed to remove when asked. See Note 5F.
For the purposes of this Code, a photograph may be obtained without the person’s
consent by making a copy of an image of them taken at any time on a camera
system installed anywhere in the police station.
(c) Information to be given
When a person is searched, examined or photographed under the provisions
as in paragraph 5.1 and 5.12, or their photograph obtained as in paragraph
5.15, they must be informed of the:
(a) purpose of the search, examination or photograph;
(b) grounds on which the relevant authority, if applicable, has been given; and
(c) purposes for which the photograph may be used, disclosed or retained.
This information must be given before the search or examination commences
or the photograph is taken, except if the photograph is:
(i) to be taken covertly;
(ii) obtained as in paragraph 5.15, in which case the person must be informed
as soon as practicable after the photograph is taken or obtained.
(d) Documentation
A record must be made when a detainee is searched, examined, or a photograph
of the person, or any identifying marks found on them, are taken. The record must
include the:
(a) identity, subject to paragraph 2.18, of the officer carrying out the search,
examination or taking the photograph;
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(b) purpose of the search, examination or photograph and the outcome;
(c)_ detainee’s consent to the search, examination or photograph, or the reason
the person was searched, examined or photographed without consent;
(d)_ giving of any authority as in paragraphs 5.2 and 5.3, the grounds for
giving it and the authorising officer.
5.18 If force is used when searching, examining or taking a photograph in accordance
with this section, a record shall be made of the circumstances and those present.
(B) Persons at police stations not detained
5.19 When there are reasonable grounds for suspecting the involvement of a person
in a criminal offence, but that person is at a police station voluntarily and not
detained, the provisions of paragraphs 5.1 to 5.18 should apply, subject to the
modifications in the following paragraphs.
5.20 References to the ‘person being detained’ and to the powers mentioned in
paragraph 5.1, which apply only to detainees at police stations, shall be omitted.
5.21 Force may not be used to:
(a) search and/or examine the person to:
(i) discover whether they have any marks that would tend to identify
them as a person involved in the commission of an offence; or
(ii) establish their identity, see Note 5A;
(b) take photographs of any identifying marks, see paragraph 5.4; or
(c) take a photograph of the person.
5.22 Subject to paragraph 5.24, the photographs of persons, or of their identifying
marks, which are not taken in accordance with the provisions mentioned in
paragraphs 5.1 or 5.12, must be destroyed (together with any negatives and
copies) unless the person:
(a) is charged with, or informed they may be prosecuted for, a recordable
offence;
(b) is prosecuted for a recordable offence;
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(c)_ is cautioned or given a warning for a recordable offence; or
(d)_ gives informed consent, in writing, for the photograph or image to be
retained as in paragraph 5.6.
When paragraph 5.22 requires the destruction of any photograph, the person
must be given an opportunity to witness the destruction or to have a certificate
confirming the destruction provided they so request the certificate within five
days of being informed the destruction is required.
Nothing in paragraph 5.22 affects any separate requirement under the Criminal
Procedure and Investigations Act 1996 to retain material in connection with
criminal investigations.
Notes for guidance
5A
5B
The conditions under which fingerprints may be taken to assist in establishing
a person’s identity, are described in Section 4.
Examples of purposes related to the prevention or detection of crime, the
investigation of offences or the conduct of prosecutions include:
(a) checking the photograph against other photographs held in records or in
connection with, or as a result of, an investigation of an offence to
establish whether the person is liable to arrest for other offences;
(b) when the person is arrested at the same time as other people, or at a time
when it is likely that other people will be arrested, using the photograph
to help establish who was arrested, at what time and where;
(c) when the real identity of the person is not known and cannot be readily
ascertained or there are reasonable grounds for doubting a name and
other personal details given by the person, are their real name and personal
details. In these circumstances, using or disclosing the photograph to help
to establish or verify their real identity or determine whether they are
liable to arrest for some other offence, e.g. by checking it against other
photographs held in records or in connection with, or as a result of, an
investigation of an offence;
(d) when it appears any identification procedure in section 3 may need to be
arranged for which the person’s photograph would assist;
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(e) when the person’s release without charge may be required, and if the
release is:
(i) on bail to appear at a police station, using the photograph to help
verify the person's identity when they answer their bail and if the
person does not answer their bail, to assist in arresting them; or
(ii) without bail, using the photograph to help verify their identity or
assist in locating them for the purposes of serving them with a
summons to appear at court in criminal proceedings;
(f) when the person has answered to bail at a police station and there are
reasonable grounds for doubting they are the person who was previously
granted bail, using the photograph to help establish or verify their identity;
(g) when the person arrested on a warrant claims to be a different person
from the person named on the warrant and a photograph would help to
confirm or disprove their claim;
(h) when the person has been charged with, reported for, or convicted of, a
recordable offence and their photograph is not already on record as a
result of (a) to (f) or their photograph is on record but their appearance has
changed since it was taken and the person has not yet been released or
brought before a court.
There is no power to arrest a person convicted of a recordable offence solely
to take their photograph. The power to take photographs in this section applies
only where the person is in custody as a result of the exercise of another power,
e.g. arrest for fingerprinting under Article 29 of the PACE (NI) Order 1989.
Examples of when it would not be practicable to obtain a detainee’s consent,
see paragraph 2.12, to a search, examination or the taking of a photograph of
an identifying mark include:
(a) when the person is drunk or otherwise unfit to give consent;
(b) when there are reasonable grounds to suspect that if the person became
aware a search or examination was to take place or an identifying mark
was to be photographed, they would take steps to prevent this happening,
e.g. by violently resisting, covering or concealing the mark etc and it
would not otherwise be possible to carry out the search or examination or
to photograph any identifying mark;
5E
5F
(A)
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(c)_ in the case of a juvenile, if the parent or guardian cannot be contacted in
sufficient time to allow the search or examination to be carried out or the
photograph to be taken.
Examples of when it would not be practicable to obtain the person’s consent,
see paragraph 2.12, to a photograph being taken include:
(a) when the person is drunk or otherwise unfit to give consent;
(b) when there are reasonable grounds to suspect that if the person became
aware a photograph, suitable to be used or disclosed for the use and
disclosure described in paragraph 5.6, was to be taken, they would take
steps to prevent it being taken, e.g. by violently resisting, covering or
distorting their face etc, and it would not otherwise be possible to take a
suitable photograph;
(c) when, in order to obtain a suitable photograph, it is necessary to take it
covertly; and
(d)_ in the case of a juvenile, if the parent or guardian cannot be contacted in
sufficient time to allow the photograph to be taken.
The use of reasonable force to take the photograph of a suspect elsewhere than
at a police station must be carefully considered. In order to obtain a suspect's
consent and co-operation to remove an item of religious headwear to take
their photograph, a constable should consider whether in the circumstances of
the situation the removal of the headwear and the taking of the photograph
should be by an officer of the same sex as the person. It would be appropriate
for these actions to be conducted out of public view.
Identification by body samples and impressions
General
References to:
(a) an ‘intimate sample’ mean a dental impression or sample of blood, semen
or any other tissue fluid, urine, or pubic hair, or a swab taken from any
part of a person’s genitals or from a person's body orifice other than the
mouth;
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(b) a ‘non-intimate sample’ means:
(i) a sample of hair, other than pubic hair, which includes hair plucked
with the root, see Note 6A;
(ii) a sample taken from a nail or from under a nail;
(iii) a swab taken from any part of a person’s body other than a part from
which a swab taken would be an intimate sample;
(iv) saliva;
(v) askin impression which means any record, other than a fingerprint,
which is a record, in any form and produced by any method, of the
skin pattern and other physical characteristics or features of the whole,
or any part of, a person’s foot or of any other part of their body.
(B) Action
(a) Intimate samples
6.2 Article 62 of the PACE (NI) Order 1989, provides that intimate samples may be
taken under:
(a) article 62(1), from a person in police detention only:
(i) if police officer of inspector rank or above has reasonable grounds to
believe such an impression or sample will tend to confirm or disprove
the suspect's involvement in a recordable offence, see Note 4A, and
gives authorisation for a sample to be taken; and
(ii) with the suspect’s written consent;
(b) article 62(1A), from a person not in police detention but from whom two
or more non-intimate samples have been taken in the course of an
investigation of an offence and the samples, though suitable, have proved
insufficient if:
(i) a police officer of inspector rank or above authorises it to be taken; and
(ii) the person concerned gives their written consent. See Notes 6B and 6C.
6.3 Before a suspect is asked to provide an intimate sample, they must be warned
that if they refuse without good cause, their refusal may harm their case if it comes
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to trial. It is for a court to decide if good cause exists and this warning shall not
be given in such a way as to excerpt pressure on a person to provide an intimate
sample where a constable believes consent to take the sample may not be given,
see Note 6D. If the suspect is in police detention and not legally represented,
they must also be reminded of their entitlement to legal advice, see Code C,
paragraph 6.4, and the reminder noted in the custody record. If paragraph 6.2(b)
applies and the person is attending a station voluntarily, their entitlement to
legal advice as in Code C, paragraph 3.16 shall be explained to them.
Dental impressions may only be taken by a registered dentist. Other intimate
samples, except for samples of urine, may only be taken by a registered
medical practitioner or registered health care professional.
(b) Non-intimate samples
A non-intimate sample may be taken from a detainee only with their written
consent or if paragraph 6.6 applies.
(a) Under Article 63 of the PACE (NI) Order 1989, a non-intimate sample
may not be taken from a person without consent and the consent must be
in writing.
(aa) a non-intimate sample may be taken from a person without the appropriate
consent in the following circumstances:
(i) under article 63(2A) where the person is in police detention as a
consequence of his arrest for a recordable offence and he has not had
a non-intimate sample of the same type and from the same part of
the body taken in the course of the investigation of the offence by the
police or he has had such a sample taken but it proved insufficient.
(ii) under article 63(3)(a) where he is being held in custody by the police
on the authority of a court and an officer of at least the rank of
inspector authorises it to be taken.
(b) under article 63(3A), from a person charged with a recordable offence or
informed they will be reported for such an offence: and
(i) _ that person has not had a non-intimate sample taken from them in
the course of the investigation; or
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(ii) if they have had a sample taken, it proved unsuitable or insufficient
for the same form of analysis, see Note 6B; or
(c) under article 63(3B), from a person convicted of a recordable offence after
the date on which that provision came into effect. Article 63A of the PACE
(NI) Order 1989, describes the circumstances in which a police officer
may require a person convicted of a recordable offence to attend a police
station for a non-intimate sample to be taken.
6.7 Reasonable force may be used, if necessary, to take a non-intimate sample from
a person without their consent under the powers mentioned in paragraph 6.6.
6.8 Before any intimate sample is taken with consent or non-intimate sample is
taken with, or without, consent, the person must be informed:
(a) of the reason for taking the sample;
(b) of the grounds on which the relevant authority has been given;
(c)_ that the sample or information derived from the sample may be retained
and subject of a speculative search, see Note 6£, unless their destruction
is required as in Annex F, Part A.
6.9 When clothing needs to be removed in circumstances likely to cause
embarrassment to the person, no person of the opposite sex who is not a
registered medical practitioner or registered health care professional shall be
present, (unless in the case of a juvenile, mentally disordered or mentally
vulnerable person, that person specifically requests the presence of an
appropriate adult of the opposite sex who is readily available) nor shall anyone
whose presence is unnecessary. However, in the case of a juvenile, this is
subject to the overriding proviso that such a removal of clothing may take
place in the absence of the appropriate adult only if the juvenile signifies, in
the presence of the appropriate adult that he prefers this to be done in his
absence and the appropriate adult agrees.
(c) Documentation
6.10 A record of the reasons for taking a sample or impression and, if applicable, of
its destruction must be made as soon as practicable. If force is used, a record
shall be made of the circumstances and those present. If written consent is given
to the taking of a sample or impression, the fact must be recorded in writing.
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6.11. A record must be made of a warning given as required by paragraph 6.3.
6.12 A record shall be made of the fact that a person has been informed as in
paragraph 6.8(c) that samples may be subject of a speculative search.
Notes for guidance
6A When hair samples are taken for the purpose of DNA analysis (rather than for
other purposes such as making a visual match), the suspect should be permitted
a reasonable choice as to what part of the body the hairs are taken from. When
hairs are plucked, they should be plucked individually, unless the suspect
prefers otherwise and no more should be plucked than the person taking them
reasonably considers necessary for a sufficient sample.
6B (a) An insufficient sample is one which is not sufficient either in quantity or
quality to provide information for a particular form of analysis, such as
DNA analysis. A sample may also be insufficient if enough information
cannot be obtained from it by analysis because of loss, destruction, damage
or contamination of the sample or as a result of an earlier, unsuccessful
attempt at analysis.
(b) An unsuitable sample is one which, by its nature, is not suitable for a
particular form of analysis.
6C Nothing in paragraph 6.2 prevents intimate samples being taken for elimination
purposes with the consent of the person concerned but the provisions of
paragraph 2.12 relating to the role of the appropriate adult, should be applied.
Paragraph 6.2(b) does not, however, apply where the non-intimate samples
were previously taken under the Terrorism Act 2000, Schedule 8, paragraph 10.
6D In warning a person who is asked to provide an intimate sample as in
paragraph 6.3, the following form of words may be used:
“You do not have to provide this sample/allow this swab or impression to be
taken, but I must warn you that if you refuse without good cause, your refusal
may harm your case if it comes to trial.”
6E Fingerprints or a DNA sample and the information derived from it taken from
a person arrested on suspicion of being involved in a recordable offence, or
charged with such an offence, or informed they will be reported for such an
offence, may be subject of a speculative search. This means they may be
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checked against other fingerprints and DNA records held by, or on behalf of,
the police and other law enforcement authorities in or outside the UK or held
in connection with, or as a result of, an investigation of an offence inside or
outside the UK.
Fingerprints and samples taken from any other person, e.g. a person suspected
of committing a recordable offence but who has not been arrested, charged or
informed they will be reported for it, may be subject to a speculative search
only if the person consents in writing to their fingerprints being subject of such
a search. The following is an example of a basic form of words:
“I consent to my fingerprints/DNA sample and information derived from it
being retained and used only for purposes related to the prevention and detection
of a crime, the investigation of an offence or the conduct of a prosecution
either nationally or internationally.
! understand that this sample may be checked against other fingerprint/DNA
records held by or on behalf of relevant law enforcement authorities, either
nationally or internationally. I understand that once I have given my consent
for the sample to be retained and used I cannot withdraw this consent.”
See Annex F regarding the retention and use of fingerprints and samples taken
with consent for elimination purposes.
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ANNEX A - Video Identification
2A
2B
2C
(a) General
The arrangements for obtaining and ensuring the availability of a suitable set of
images to be used in a video identification must be the responsibility of an
identification officer, who has no direct involvement with the case.
The set of images must include the suspect and at least eight other people
who, so far as possible, resemble the suspect in age, general appearance and
position in life. Only one suspect shall appear in any set unless there are two
suspects of roughly similar appearance, in which case they may be shown
together with at least twelve other people.
If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or
distinctive hairstyle or hair colour which does not appear on the images of the
other people that are available to be used, steps may be taken to:
(a) conceal the location of the feature on the images of the suspect and the
other people; or
(b) replicate that feature on the images of the other people.
For these purposes, the feature may be concealed or replicated
electronically or by any other method which it is practicable to use to
ensure that the images of the suspect and other people resemble each
other. The identification officer has discretion to choose whether to
conceal or replicate the feature and the method to be used. If an unusual
physical feature has been described by the witness, the identification
officer should, if practicable, have that feature replicated. If it has not
been described, concealment may be more appropriate.
If the identification officer decides that a feature should be concealed or
replicated, the reason for the decision and whether the feature was concealed
or replicated in the images shown to any witness shall be recorded.
If the witness requests to view an image where an unusual physical feature has
been concealed or replicated without the feature being concealed or replicated,
the witness may be allowed to do so.
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3. The images used to conduct a video identification shall, as far as possible,
show the suspect and other people in the same positions or carrying out the
same sequence of movements. They shall also show the suspect and other
people under identical conditions unless the identification officer reasonably
believes:
(a) because of the suspect's failure or refusal to co-operate or other reasons, it
is not practicable for the conditions to be identical; and
(b) any difference in the conditions would not direct a witness’ attention to
any individual image.
4. The reasons identical conditions are not practicable shall be recorded on
forms provided for the purpose.
5. Provision must be made for each person shown to be identified by number.
6. If police officers are shown, any numerals or other identifying badges must be
concealed. If a prison inmate is shown, either as a suspect or not, then either
all, or none of, the people shown should be in prison clothing.
7. The suspect or their solicitor, friend, or appropriate adult must be given a
reasonable opportunity to see the complete set of images before it is shown to
any witness. If the suspect has a reasonable objection to the set of images or any
of the participants, the suspect shall be asked to state the reasons for the objection.
Steps shall, if practicable, be taken to remove the grounds for objection. If this
is not practicable, the suspect and/or their representative shall be told why
their objections cannot be met and the objection, the reason given for it and
why it cannot be met shall be recorded on forms provided for the purpose.
8. Before the images are shown in accordance with paragraph 7, the suspect or
their solicitor shall be provided with details of the first description of the
suspect by any witnesses who are to attend the video identification. When a
broadcast or publication is made, as in paragraph 3.29, the suspect or their
solicitor must also be allowed to view any material released to the media by
the police for the purpose of recognising or tracing the suspect, provided it is
practicable and would not unreasonably delay the investigation
9. The suspect's solicitor, if practicable, shall be given reasonable notification of
the time and place the video identification is to be conducted so a representative
may attend on behalf of the suspect. If a solicitor has not been instructed, this
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information shall be given to the suspect. The suspect may not be present
when the images are shown to the witness(es). In the absence of the suspect's
representative, the viewing itself shall be recorded on video. No unauthorised
people may be present.
(b) Conducting the video identification
The identification officer is responsible for making the appropriate arrangements
to make sure, before they see the set of images, witnesses are not able to
communicate with each other about the case, see any of the images which are
to be shown, see, or be reminded of, any photograph or description of the
suspect or be given any other indication as to the suspect's identity, or overhear
a witness who has already seen the material. There must be no discussion with
the witness about the composition of the set of images and they must not be
told whether a previous witness has made any identification.
Only one witness may see the set of images at a time. Immediately before the
images are shown, the witness shall be told that the person they saw on a
specified earlier occasion may, or may not, appear in the images they are
shown and that if they cannot make a positive identification, they should say
so. The witness shall be advised that at any point, they may ask to see a
particular part of the set of images or to have a particular image frozen for
them to study. Furthermore, it should be pointed out to the witness that there
is no limit on how many times they can view the whole set of images or any
part of them. However, they should be asked not to make any decision as to
whether the person they saw is on the set of images until they have seen the
whole set at least twice.
Once the witness has seen the whole set of images at least twice and has
indicated that they do not want to view the images, or any part of them, again,
the witness shall be asked to say whether the individual they saw in person on
a specified earlier occasion has been shown and, if so, to identify them by
number of the image. The witness will then be shown that image to confirm
the identification, see paragraph 17.
Care must be taken not to direct the witness’ attention to any one individual
image or give any indication of the suspect's identity. Where a witness has
previously made an identification by photographs, or a computerised or artist’s
composite or similar likeness, the witness must not be reminded of such a
photograph or composite likeness once a suspect is available for identification
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15.
16.
17.
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by other means in accordance with this Code. Nor must the witness be
reminded of any description of the suspect.
After the procedure, each witness shall be asked whether they have seen any
broadcast or published films or photographs, or any descriptions of suspects.
relating to the offence and their reply shall be recorded.
(c) Image security and destruction
Arrangements shall be made for all relevant material containing sets of images
used for specific identification procedures to be kept securely and their
movements accounted for. In particular, no-one involved in the investigation
shall be permitted to view the material prior to it being shown to any witness.
As appropriate, paragraph 3.31 or 3.32 applies to the destruction or retention
of relevant sets of images.
(d) Documentation
A record must be made of all those participating in, or seeing, the set of
images whose names are known to the police.
A record of the conduct of the video identification must be made on forms
provided for the purpose. This shall include anything said by the witness about
any identifications or the conduct of the procedure and any reasons it was not
practicable to comply with any of the provisions of this Code governing the
conduct of video identifications.
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ANNEX B - Identification Parades
(a) General
1. A suspect must be given a reasonable opportunity to have a solicitor or friend
present, and the suspect shall be asked to indicate on a second copy of the
notice whether or not they wish to do so.
2. An identification parade may take place either in a normal room or one
equipped with a screen permitting witnesses to see members of the identification
parade without being seen. The procedures for the composition and conduct
of the identification parade are the same in both cases, subject to paragraph 8
(except that an identification parade involving a screen may take place only
when the suspect's solicitor, friend or appropriate adult is present or the
identification parade is recorded on video).
3. Before the identification parade takes place, the suspect or their solicitor shall
be provided with details of the first description of the suspect by any witnesses
who are attending the identification parade. When a broadcast or publication
is made as in paragraph 3.29, the suspect or their solicitor should also be
allowed to view any material released to the media by the police for the
purpose of recognising or tracing the suspect, provided it is practicable to do
so and would not unreasonably delay the investigation.
(b) Identification parades involving prison inmates
4. If a prison inmate is required for identification, and there are no security
problems about the person leaving the establishment, they may be asked to
participate in an identification parade or video identification.
5. An identification parade may be held in a Prison Service establishment but
shall be conducted, as far as practicable under normal identification parade
rules. Members of the public shall make up the identification parade unless
there are serious security, or control objections to their admission to the
establishment. In such cases, or if a group or video identification is arranged
within the establishment, other inmates may participate. If an inmate is the
suspect, they are not required to wear prison clothing for the identification
parade unless the other people taking part are other inmates in similar
clothing, or are members of the public who are prepared to wear prison
clothing for the occasion.
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(c) Conduct of the identification parade
6. Immediately before the identification parade, the suspect must be reminded of
the procedures governing its conduct and cautioned in the terms of Code C,
paragraph 10.5.
7. All unauthorised people must be excluded from the place where the
identification parade is held.
8. Once the identification parade has been formed, everything afterwards, in
respect of it, shall take place in the presence and hearing of the suspect and
any interpreter, solicitor, friend or appropriate adult who is present (unless the
identification parade involves a screen, in which case everything said to, or by,
any witness at the place where the identification parade is held, must be said
in the hearing and presence of the suspect's solicitor, friend or appropriate adult
or be recorded on video). The witness alone may be concealed from the view
of any interpreter, solicitor, friend or appropriate adult by a separate screen.
9. The identification parade shall consist of at least eight people (in addition to
the suspect) who, so far as possible, resemble the suspect in age, height,
general appearance and position in life. Only one suspect shall be included in
an identification parade unless there are two suspects of roughly similar
appearance, in which case they may be paraded together with at least twelve
other people. In no circumstances shall more than two suspects be included in
one identification parade and where there are separate identification parades,
they shall be made up of different people.
10. If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or
distinctive hairstyle or hair colour which cannot be replicated on other
members of the identification parade, steps may be taken to conceal the
location of that feature on the suspect and the other members of the
identification parade if the suspect and their solicitor, or appropriate adult,
agree. For example, by use of a plaster or a hat, so that all members of the
identification parade resemble each other in general appearance.
11. When all members of a similar group are possible suspects, separate
identification parades shall be held for each unless there are two suspects of
similar appearance when they may appear on the same identification parade
with at least twelve other members of the group who are not suspects. When
police officers in uniform form an identification parade any numerals or other
identifying badges shall be concealed.
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13.
14.
15.
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When the suspect is brought to the place where the identification parade is to
be held, they shall be asked if they have any objection to the arrangements for
the identification parade or to any of the other participants in it and to state
the reasons for the objection. The suspect may obtain advice from their
solicitor or friend, if present, before the identification parade proceeds. If the
suspect has a reasonable objection to the arrangements or any of the participants,
steps shall, if practicable, be taken to remove the grounds for objection. When
it is not practicable to do so, the suspect shall be told why their objections
cannot be met and the objection, the reason given for it and why it cannot be
met, shall be recorded on forms provided for the purpose.
The suspect may select their own position in the line, but may not otherwise
interfere with the order of the people forming the line. When there is more
than one witness, the suspect must be told, after each witness has left the
room, that they can, if they wish, change position in the line. Each position in
the line must be clearly numbered, whether by means of a number laid on the
floor in front of each identification parade member or by other means.
The identification officer is responsible for ensuring that, before they attend the
parade, witnesses are not able to:
(i) communicate with each other about the case or overhear a witness who
has already seen the identification parade;
(ii) see any member of the identification parade;
(iii) see, or be reminded of, any photograph or description of the suspect or be
given any other indication as to the suspect's identity; or
(iv) see the suspect before or after the identification parade.
The person conducting a witness to an identification parade must not discuss
with them the composition of the identification parade and, in particular, must
not disclose whether a previous witness has made any identification.
Witnesses shall be brought in one at a time. Immediately before the witness
inspects the identification parade, they shall be told the person they saw on a
specified earlier occasion may, or may not, be present and if they cannot make
a positive identification, they should say so. The witness must also be told they
should not make any decision about whether the person they saw is on the
identification parade until they have looked at each member at least twice.
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18.
19.
20.
21.
22.
23.
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When the officer or police staff (see paragraph 3.11) conducting the
identification procedure is satisfied the witness has properly looked at each
member of the identification parade, they shall ask the witness whether the
person they saw on a specified earlier occasion is on the identification parade
and, if so, to indicate the number of the person concerned, see paragraph 28.
If the witness wishes to hear any identification parade member speak, adopt
any specified posture or move, they shall first be asked whether they can
identify any person(s) on the identification parade on the basis of appearance
only. When the request is to hear members of the identification parade speak,
the witness shall be reminded that the participants in the identification parade
have been chosen on the basis of physical appearance only. Members of the
identification parade may then be asked to comply with the witness’ request to
hear them speak, see them move or adopt any specified posture.
If the witness requests that the person they have indicated remove anything
used for the purposes of paragraph 10 to conceal the location of an unusual
physical feature, that person may be asked to remove it.
If the witness makes an identification after the identification parade has ended,
the suspect and, if present, their solicitor, interpreter or friend shall be
informed. When this occurs, consideration should be given to allowing the
witness a second opportunity to identify the suspect.
After the procedure, each witness shall be asked whether they have seen any
broadcast or published films or photographs or any descriptions of suspects
relating to the offence and their reply shall be recorded.
When the last witness has left, the suspect shall be asked whether they wish to
make any comments on the conduct of the identification parade.
(d) Documentation
A video recording must normally be taken of the identification parade. If that
is impracticable, a colour photograph must be taken. A copy of the video
recording or photograph shall be supplied, on request, to the suspect or their
solicitor within a reasonable time.
As appropriate, paragraph 3.31 or 3.32, should apply to any photograph or
video taken as in paragraph 23.
25.
26.
27.
28.
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If any person is asked to leave an identification parade because they are
interfering with its conduct, the circumstances shall be recorded.
A record must be made of all those present at an identification parade whose
names are known to the police.
If prison inmates make up an identification parade, the circumstances must be
recorded.
A record of the conduct of any identification parade must be made on forms
provided for the purpose. This shall include anything said by the witness or the
suspect about any identifications or the conduct of the procedure, and any
reasons it was not practicable to comply with any of this Code’s provisions.
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ANNEX C - Group Identification
(a) General
1. The purpose of this Annex is to make sure, as far as possible, group identifications
follow the principles and procedures for identification parades so the
conditions are fair to the suspect in the way they test the witness’ ability to
make an identification.
2. Group identifications may take place either with the suspect’s consent and
cooperation or covertly without their consent.
3. The location of the group identification is a matter for the identification officer,
although the officer may take into account any representations made by the
suspect, appropriate adult, their solicitor or friend.
4. The place where the group identification is held should be one where other
people are either passing by or waiting around informally, in groups such that
the suspect is able to join them and be capable of being seen by the witness at
the same time as others in the group. For example, people leaving an escalator,
pedestrians walking through a shopping centre, passengers on railway and bus
stations, waiting in queues or groups or where people are standing or sitting in
groups in other public places.
5. If the group identification is to be held covertly, the choice of locations will be
limited by the places where the suspect can be found and the number of other
people present at that time. In these cases, suitable locations might be along
regular routes travelled by the suspect, including buses or trains or public
places frequented by the suspect.
6. Although the number, age, sex, race and general description and style of
clothing of other people present at the location cannot be controlled by the
identification officer, in selecting the location the officer must consider the
general appearance and numbers of people likely to be present. In particular,
the officer must reasonably expect that over the period the witness observes
the group, they will be able to see, from time to time, a number of others
whose appearance is broadly similar to that of the suspect.
7. A group identification need not be held if the identification officer believes,
because of the unusual appearance of the suspect, none of the locations it
10.
11.
12.
13.
14.
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would be practicable to use satisfy the requirements of paragraph 6 necessary
to make the identification fair.
Immediately after a group identification procedure has taken place (with or
without the suspect’s consent), a colour photograph or video should be taken
of the general scene, if practicable, to give a general impression of the scene
and the number of people present. Alternatively, if it is practicable, the group
identification may be video recorded.
If it is not practicable to take the photograph or video in accordance with
paragraph 8, a photograph or film of the scene should be taken later at a time
determined by the identification officer if the officer considers it practicable to
do so.
An identification carried out in accordance with this Code remains a group
identification even though, at the time of being seen by the witness, the suspect
was on their own rather than in a group.
Before the group identification takes place, the suspect or their solicitor shall
be provided with details of the first description of the suspect by any witnesses
who are to attend the identification. When a broadcast or publication is made,
as in paragraph 3.29, the suspect or their solicitor should also be allowed to
view any material released by the police to the media for the purposes of
recognising or tracing the suspect, provided that it is practicable and would
not unreasonably delay the investigation.
After the procedure, each witness shall be asked whether they have seen any
broadcast or published films or photographs or any descriptions of suspects
relating to the offence and their reply recorded.
(b) Identification with the consent of the suspect
A suspect must be given a reasonable opportunity to have a solicitor or friend
present. They shall be asked to indicate on a second copy of the notice whether
or not they wish to do so.
The witness, the person carrying out the procedure and the suspect's solicitor,
appropriate adult, friend or any interpreter for the witness, may be concealed
from the sight of the individuals in the group they are observing, if the person
carrying out the procedure considers this assists the conduct of the identification.
If the witness requests (and it is practicable to do so) he should also be kept
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apart from the suspect's solicitor, friend, relative, interpreter or appropriate
adult during the procedure.
15. The person conducting a witness to a group identification must not discuss
with them the forthcoming group identification and, in particular, must not
disclose whether a previous witness has made any identification.
16. — Anything said to, or by, the witness during the procedure about the
identification should be said in the presence and hearing of those present at
the procedure.
17. The identification officer is responsible for ensuring that before they attend the
group identification witnesses are not able to:
(i) communicate with each other about the case or overhear a witness who
has already been given an opportunity to see the suspect in the group;
(ii) see the suspect; or
(iii) see, or be reminded of, any photographs or description of the suspect or
be given any other indication of the suspect's identity.
18. Witnesses shall be brought one at a time to the place where they are to observe
the group. Immediately before the witness is asked to look at the group, the
person conducting the procedure shall tell them that the person they saw may,
or may not, be in the group and that if they cannot make a positive identification,
they should say so. The witness shall be asked to observe the group in which
the suspect is to appear. The way in which the witness should do this will
depend on whether the group is moving or stationary.
Moving group
19. I When the group in which the suspect is to appear is moving, e.g. leaving an
escalator, the provisions of paragraphs 20 to 24 should be followed.
20. If two or more suspects consent to a group identification, each should be the
subject of separate identification procedures. These may be conducted
consecutively on the same occasion.
21. The person conducting the procedure shall tell the witness to observe the
group and ask them to point out any person they think they saw on the
specified earlier occasion.
22.
23.
24.
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Once the witness has been informed as in paragraph 21 the suspect should be
allowed to take whatever position in the group they wish.
When the witness points out a person as in paragraph 21 they shall, if practicable,
be asked to take a closer look at the person to confirm the identification. If this
is not practicable, or they cannot confirm the identification, they shall be asked
how sure they are that the person they have indicated is the relevant person.
The witness should continue to observe the group for the period which the
person conducting the procedure reasonably believes is necessary in the
circumstances for them to be able to make comparisons between the suspect
and other individuals of broadly similar appearance to the suspect as in
paragraph 6.
Stationary groups
25.
26.
27.
28.
29.
When the group in which the suspect is to appear is stationary, e.g. people
waiting in a queue, the provisions of paragraphs 26 to 29 should be followed.
If two or more suspects consent to a group identification, each should be
subject to separate identification procedures unless they are of broadly similar
appearance when they may appear in the same group. When separate group
identifications are held, the groups must be made up of different people.
The suspect may take whatever position in the group they wish. If there is
more than one witness, the suspect must be told, out of the sight and hearing
of any witness, that they can, if they wish, change their position in the group.
The witness shall be asked to pass along, or amongst, the group and to look at
each person in the group at least twice, taking as much care and time as
possible according to the circumstances, before making an identification.
Once the witness has done this, they shall be asked whether the person they
saw on the specified earlier occasion is in the group and to indicate any such
person by whatever means the person conducting the procedure considers
appropriate in the circumstances. If this is not practicable, the witness shall be
asked to point out any person they think they saw on the earlier occasion.
When the witness makes an indication as in paragraph 28, arrangements shall
be made, if practicable, for the witness to take a closer look at the person to
confirm the identification. If this is not practicable, or the witness is unable to
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confirm the identification, they shall be asked how sure they are that the
person they have indicated is the relevant person.
All cases
30. If the suspect unreasonably delays joining the group, or having joined the
group, deliberately conceals themselves from the sight of the witness, this may
be treated as a refusal to co-operate in a group identification.
31. If the witness identifies a person other than the suspect, that person should be
informed what has happened and asked if they are prepared to give their
name and address. There is no obligation upon any member of the public to
give these details. There shall be no duty to record any details of any other
member of the public present in the group or at the place where the procedure
is conducted.
32. I When the group identification has been completed, the suspect shall be asked
whether they wish to make any comments on the conduct of the procedure.
33. If the suspect has not been previously informed, they shall be told of any
identifications made by the witnesses.
(c) Identification without the suspect’s consent
34. Group identifications held covertly without the suspect’s consent should, as far
as practicable, follow the rules for conduct of group identification by consent.
35. A suspect has no right to have a solicitor, appropriate adult or friend present as
the identification will take place without the knowledge of the suspect.
36. Any number of suspects may be identified at the same time.
(d) Identifications in police stations
37. Group identifications should only take place in police stations for reasons of
safety, security or because it is not practicable to hold them elsewhere.
38. The group identification may take place either in a room equipped with a
screen permitting witnesses to see members of the group without being seen,
or anywhere else in the police station that the identification officer considers
appropriate.
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40.
41.
42.
43.
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Any of the additional safeguards applicable to identification parades should be
followed if the identification officer considers it is practicable to do so in the
circumstances.
(e) Identifications involving prison inmates
A group identification involving a prison inmate may only be arranged in the
prison or at a police station.
When a group identification takes place involving a prison inmate, whether in
a prison or in a police station, the arrangements should follow those in paragraphs
37 to 39. If a group identification takes place within a prison, other inmates
may participate. If an inmate is the suspect, they do not have to wear prison
clothing for the group identification unless the other participants are wearing
the same clothing.
(f) Documentation
When a photograph or video is taken as in paragraph 8 or 9, a copy of the
photograph or video shall be supplied on request to the suspect or their
solicitor within a reasonable time.
Paragraph 3.31 or 3.32, as appropriate, shall apply when the photograph or
film taken in accordance with paragraph 8 or 9 includes the suspect.
A record of the conduct of any group identification must be made on forms
provided for the purpose. This shall include anything said by the witness or
suspect about any identifications or the conduct of the procedure and any
reasons why it was not practicable to comply with any of the provisions of this
Code governing the conduct of group identifications.
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ANNEX D - Confrontation by a Witness
1. Before the confrontation takes place, the witness must be told that the person
they saw may, or may not, be the person they are to confront and that if they
are not that person, then the witness should say so.
2. Before the confrontation takes place the suspect or their solicitor shall be
provided with details of the first description of the suspect given by any
witness who is to attend. When a broadcast or publication is made, as in
paragraph 3.29, the suspect or their solicitor should also be allowed to view
any material released to the media for the purposes of recognising or tracing
the suspect, provided it is practicable to do so and would not unreasonably
delay the investigation.
3. Force may not be used to make the suspect's face visible to the witness.
4. Confrontation must take place in the presence of the suspect's solicitor,
interpreter or friend unless this would cause unreasonable delay.
5. The suspect shall be confronted independently by each witness, who shall be
asked “Is this the person?” If the witness identifies the person but is unable to
confirm the identification, they shall be asked how sure they are that the
person is the one they saw on the earlier occasion.
6. The confrontation should normally take place in the police station, either in a
normal room or one equipped with a screen permitting a witness to see the
suspect without being seen. In both cases, the procedures are the same except
that a room equipped with a screen may be used only when the suspect's
solicitor, friend or appropriate adult is present or the confrontation is recorded
on video. (The witness alone may be concealed from the view of any interpreter,
solicitor, friend or appropriate adult by a separate screen.)
7. After the procedure, each witness shall be asked whether they have seen any
broadcast or published films or photographs or any descriptions of suspects
relating to the offence and their reply shall be recorded.
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ANNEX E - Showing Photographs
(a) Action
1. An officer of sergeant rank or above shall be responsible for supervising and
directing the showing of photographs. The actual showing may be done by
another officer or police staff, see paragraph 3.11.
2. The supervising officer must confirm the first description of the suspect given
by the witness has been recorded before they are shown the photographs. If
the supervising officer is unable to confirm the description has been recorded
they shall postpone showing the photographs.
3. Only one witness shall be shown photographs at any one time. Each witness
shall be given as much privacy as practicable and shall not be allowed to
communicate with or overhear any other witness in the case.
4. The witness shall be shown not less than twelve photographs at a time, which
shall, as far as possible, all be of a similar type.
5. When the witness is shown the photographs, they shall be told the photograph
of the person they saw may, or may not, be amongst them and if they cannot
make a positive identification, they should say so. The witness shall also be
told they should not make a decision until they have viewed at least twelve
photographs. The witness shall not be prompted or guided in any way but shall
be left to make any selection without help.
6. If a witness makes a positive identification from photographs, unless the
person identified is otherwise eliminated from enquiries or is not available,
other witnesses shall not be shown photographs. But both they, and the
witness who has made the identification, shall be asked to attend a video
identification, an identification parade or group identification unless there is
no dispute about the suspect's identification.
7. If the witness makes a selection but is unable to confirm the identification, the
person showing the photographs shall ask them how sure they are that the
photograph they have indicated is the person they saw on the specified earlier
occasion.
8. When the use of a computerised or artist's composite or similar likeness has
led to there being a known suspect who can be asked to participate in a video
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identification, appear on an identification parade or participate in a group
identification, that likeness shall not be shown to other potential witnesses.
9. When a witness attending a video identification, an identification parade or
group identification has previously been shown photographs or computerised
or artist’s composite or similar likeness (and it is the responsibility of the officer
in charge of the investigation to make the identification officer aware that this
is the case), the suspect and their solicitor must be informed of this fact before
the identification procedure takes place.
10. None of the photographs shown shall be destroyed, whether or not an
identification is made, since they may be required for production in court. The
photographs shall be numbered and a separate photograph taken of the frame
or part of the album from which the witness made an identification as an aid
to reconstituting it.
(b) Documentation
11. Whether or not an identification is made, a record shall be kept of the
showing of photographs on forms provided for the purpose. This shall include
anything said by the witness about any identification or the conduct of the
procedure, any reasons it was not practicable to comply with any of the
provisions of this Code governing the showing of photographs and the name
and rank of the supervising officer.
12. The supervising officer shall inspect and sign the record as soon as practicable.
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ANNEX F — Fingerprints, Footwear Impressions and Samples —
Destruction and Speculative Searches.
(a) Fingerprints, Footwear Impressions and samples taken in
connection with a criminal investigation.
1. When fingerprints, footwear impressions or DNA samples are taken from a
person in connection with an investigation and the person is not suspected of
having committed the offence, see Note F1, they must be destroyed as soon as
they have fulfilled the purpose for which they were taken unless:
(a) they were taken for the purposes of an investigation of an offence for
which a person has been convicted; and
(b) fingerprints, footwear impressions or samples were also taken from the
convicted person for the purposes of that investigation.
However, subject to paragraph 2, the fingerprints, footwear impressions and
samples, and the information derived from samples, may not be used in the
investigation of any offence or in evidence against the person who is, or would
be, entitled to the destruction of the fingerprints, footwear impressions and
samples, see Note F2.
2. The requirement to destroy fingerprints, footwear impressions and DNA samples,
and information derived from samples, and restrictions on their retention and
use in paragraph 1 do not apply if the person gives their written consent for
their fingerprints, footwear impressions or sample to be retained and used after
they have fulfilled the purpose for which they were taken, see Note F1.
3. When a person’s fingerprints, footwear impressions or sample are to be destroyed:
(a) any copies of the fingerprints and footwear impressions must also be
destroyed;
(b)_ the person may witness the destruction of their fingerprints, footwear
impressions or copies if they ask to do so within five days of being
informed destruction is required;
(c) access to relevant computer fingerprint data shall be made impossible as
soon as it is practicable to do so and the person shall be given a certificate
to this effect within three months of asking; and
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(d) neither the fingerprints, footwear impressions or the sample, or any
information derived from the sample, may be used in the investigation of
any offence or in evidence against the person who is, or would be,
entitled to its destruction.
4. Fingerprints, footwear impressions or samples, and the information derived
from samples, taken in connection with the investigation of an offence which
are not required to be destroyed, may be retained after they have fulfilled the
purposes for which they were taken but may be used only for purposes related
to the prevention or detection of crime, the investigation of an offence or the
conduct of a prosecution in, as well as outside, the UK and may also be subject
to a speculative search. This includes checking them against other fingerprints,
footwear impressions and DNA records held by, or on behalf of, the police
and other law enforcement authorities in, as well as outside, the UK.
(b) Fingerprints taken in connection with Immigration service enquiries.
5. Fingerprints taken for Immigration Service enquiries in accordance with
powers and procedures other than under PACE and for which the Immigration
Service, not the police, are responsible, must be destroyed as follows:
(a) fingerprints and all copies must be destroyed as soon as practicable if the
person from whom they were taken proves they are a British or
Commonwealth citizen who has the right of abode in the UK under the
Immigration Act 1971, section 2(1)(b);
(b) fingerprints taken under the powers as in paragraph 4.11(g) from a
dependant of a person in 4.11 (b) to (f) must be destroyed when that
person’s fingerprints are destroyed;
(c) fingerprints taken from a person under any power as in paragraph 4.11 or
with the person’s consent which have not already been destroyed as
above, must be destroyed within ten years of being taken or within such
period specified by the Secretary of State under the Immigration and
Asylum Act 1999, section 143(5).
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Notes for Guidance
Fl Fingerprints, footwear impressions and samples given voluntarily for the purposes
of elimination play an important part in many police investigations. It is,
therefore, important to make sure innocent volunteers are not deterred from
participating and their consent to their fingerprints, footwear impressions and
DNA being used for the purposes of a specific investigation is fully informed
and voluntary. If the police or volunteer seek to have their fingerprints, foot-
wear impressions or samples retained for use after the specific investigation ends,
it is important the volunteer’s consent to this is also fully informed and voluntary.
Examples of consent for:
* DNA/sfingerprints/footwear impressions — to be used only for the purposes
of a specific investigation;
¢ DNA‘sfingerprints/footwear impressions — to be used in the specific
investigation and retained by the police for future use.
To minimise the risk of confusion, each consent should be physically separate
and the volunteer should be asked to sign each consent.
(a) DNA:
(i) DNA sample taken for the purposes of elimination or as part of an
intelligence-led screening and to be used only for the purposes of
that investigation and destroyed afterwards:
“I consent to my DNA/mouth swab being taken for forensic analysis.
! understand that the sample will be destroyed at the end of the case
and that my profile will only be compared to the crime stain profile
from this enquiry. I have been advised that the person taking the
sample may be required to give evidence and/or provide a written
statement to the police in relation to the taking of it”
(ii) DNA sample to be retained in the National DNA database and used
in the future:
“I consent to my DNA sample and information derived from it being
retained and used only for purposes related to the prevention and
detection of a crime, the investigation of an offence or the conduct of
a prosecution either nationally or internationally”.
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“1 understand that this sample may be checked against other DNA
records held by, or on behalf of, relevant law enforcement authorities,
either nationally or internationally”.
“1 understand that once I have given my consent for the sample to be
retained and used I cannot withdraw this consent”.
(b) Fingerprints:
(i) Fingerprints taken for the purposes of elimination or as part of an
intelligence-led screening and to be used only for the purposes of
that investigation and destroyed afterwards:
“I consent to my fingerprints being taken for elimination purposes. I
understand that the fingerprints will be destroyed at the end of the
case and that my fingerprints will only be compared to the finger
prints from this enquiry. I have been advised that the person taking
the fingerprints may be required to give evidence and/or provide a
written statement to the police in relation to the taking of it”.
(ii) Fingerprints to be retained for future use:
“I consent to my fingerprints being retained and used only for
purposes related to the prevention and detection of a crime, the
investigation of an offence or the conduct of a prosecution either
nationally or internationally”
“1 understand that my fingerprints may be checked against other
records held by, or on behalf of, relevant law enforcement authorities,
either nationally or internationally”.
“I understand that once I have given my consent for my fingerprints
to be retained and used I cannot withdraw this consent”
(c) Footwear impressions:
(i) Footwear impressions taken for the purposes of elimination or as part of
an intelligence-led screening and to be used only for the purposes of
that investigation and destroyed afterwards:
“I consent to my footwear impressions being taken for elimination
purposes. I understand that the footwear impressions will be
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destroyed at the end of the case and that my footwear impressions
will only be compared to the footwear impressions from this enquiry.
I have been advised that the person taking the footwear impressions
may be required to give evidence and/or provide a written statement
to the police in relation to the taking of it”
(ii) Footwear impressions to be retained for future use:
“I consent to my footwear impressions being retained and used only
for purposes related to the prevention and detection of a crime, the
investigation of an offence or the conduct of a prosecution, either
nationally or internationally”.
“1 understand that my footwear impressions may be checked against
other records held by, or on behalf of, relevant law enforcement
authorities, either nationally or internationally.”
“I understand that once I have given my consent for my footwear
impressions to be retained and used I cannot withdraw this consent.”
F2 The provisions for the retention of fingerprints, footwear impressions and samples
in paragraph 1 allow for all fingerprints, footwear impressions and samples in
a case to be available for any subsequent miscarriage of justice investigation.
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Northern
Code of
Practice E
Code of Practice on Audio Recording Iof Interviews
with Suspects
Commencement — Transitional Arrangements
this Code applies to intervi artied Out after midnight On! 28 February 2
hotwithstanding that the interview may have commenced before that time,
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1. General
This Code of Practice does not apply to persons arrested or detained under the
Terrorism Act 2000.
1.1. This Code of Practice must be readily available for consultation by:
* police officers
* police staff
¢ detained persons
* members of the public;
at every police station to which an order made under Article 60(1)(b) of the
Police and Criminal Evidence (Northern Ireland) Order 1989 applies.
1.2. The Notes for Guidance included are not provisions of this Code.
1.2A When conducting interviews with suspects, police officers should be aware of
the need to act without discrimination on the grounds of religious belief or
political opinion, racial group, age, marital status, sexual orientation, gender,
or disability.
1.3. Nothing in this Code shall detract from the requirements of Code C, the Code
of Practice for the detention, treatment and questioning of persons by police
officers.
1.4 This Code does not apply to those people listed in Code C, paragraph 1.11.
1.5. The term:
* ‘appropriate adult’ has the same meaning as in Code C, paragraph 1.7 E
¢ ‘solicitor’ has the same meaning as in Code C, paragraph 6.11.
1.6 — In this Code:
(a) ‘designated person’ means a person other than a police officer, designated
under the Police (Northern Ireland) Act 2003, Part 2 who has specified
powers and duties of police officers conferred or imposed on them;
(aa) ‘recording media’ means any removable, physical audio recording medium
(such as magnetic type, optical disc or solid state memory) which can be
played and copied;
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(b) any reference to a police officer includes a designated person acting in
the exercise or performance of the powers and duties conferred or
imposed on them by their designation.
1.7. Nothing in this Code prevents the custody officer, or other officer given custody
of the detainee, from allowing police staff who are not designated persons to
carry out individual procedures or tasks at the police station if the law allows.
However, the officer remains responsible for making sure the procedures and
tasks are carried out correctly in accordance with these Codes. Any such
civilian must be:
(a) a person employed by the Northern Ireland Policing Board and under the
control and direction of the Chief Constable; or
(b) employed by a person with whom the Northern Ireland Policing Board
has a contract for the provision of services relating to persons arrested or
otherwise in custody.
1.8 Designated persons and other police staff must have regard to any relevant
provisions of the Codes of Practice.
1.9 References to the officer's official note book include any official report book
issued to police officers or other police staff.
1.10 References to a custody officer include those performing the functions of a
custody officer as in paragraph 1.9 of Code C.
E 2. Recording and sealing master recordings
2.1 Recording of interviews shall be carried out openly to instil confidence in its
reliability as an impartial and accurate record of the interview.
2.2 One recording, referred to in this code as the master recording, will be sealed
before it leaves the presence of the suspect. A second recording will be used
as a working copy. The master recording is either one of the two recordings
used in the twin deck/drive machine. The working copy is the second recording
used. See Note 2A.
2.3. Nothing in this Code requires the identity of officers or police staff conducting
interviews to be recorded or disclosed:
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(a) in the case of enquiries linked to the investigation of terrorism; or
(b)_ if the interviewer reasonably believes recording or disclosing their name
might put them in danger. In these cases interviewers should use their
police service identification number and the name of their police station.
See Note 2B.
Notes for Guidance
2A
2B
3.1
The purpose of sealing the “master” recording before it leaves the presence of
the suspect is to establish his confidence that the integrity of the recording is
preserved. The suspect will be invited to select one of the two recordings as
the master recording, which will be sealed in his presence, before it is
removed from the interview room. The working copy shall be used for making
further copies where the need arises. The recorder will be capable of recording
voices and have a time coding as a security device.
The purpose of paragraph 2.3(b) is to protect those involved in serious
organised crime investigations or arrests of particularly violent suspects when
there is reliable information that those arrested or their associates may threaten
or cause harm to those involved. In cases of doubt, an officer of inspector rank
or above should be consulted.
Interviews to be audio recorded
Subject to paragraph 3.2 below audio recording shall be used at a police
station where approved audio recording facilities exist for any interview: E
(a) with a person who has been cautioned in accordance with Section 10 of
Code C in respect of an indictable offence (including a hybrid offence)
other than the offences of driving or causing or permitting a person to
drive a motor vehicle while uninsured; See Note 3A and 3B.
(b) which takes place as a result of an interviewer exceptionally putting
further questions to a suspect about an offence described in paragraph
3.1(a) after they have been charged with, or told they may be prosecuted
for, that offence, see Code C, paragraph 16.5.
(c) when an interviewer wants to tell a person, after they have been charged
with, or informed they may be prosecuted for, an offence described in
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paragraph 3.1(a), about any written statement or interview with another
person, see Code C, paragraph 16.4.
3.2. The Terrorism Act 2000 makes separate provision for a Code of Practice for the
audio recording of interviews of those arrested under Section 41 or detained
under Schedule 7 of the Act. The provisions of this Code do not apply to such
interviews.
3.3. The custody officer may authorise the interviewer not to audio record the
interview when it is:
(a) not reasonably practicable because of equipment failure or the
unavailability of a suitable interview room or recorder and the authorising
officer considers, on reasonable grounds, that the interview should not be
delayed; See Note 3C, or
(b) clear from the outset there will not be a prosecution.
Note: In these cases the interview should be recorded in writing in accordance
with Code C, section 11. In all cases the custody officer shall record the
specific reasons for not audio recording. See Note 3B.
3.4. Where an interview takes place with a person voluntarily attending the police
station and the interviewing officer has grounds to believe that that person has
become a suspect (i.e. the point at which he should be cautioned in accordance
with paragraphs 10.5 to 10.7 of Code C) the continuation of the interview
shall be audio recorded, unless the authorising officer gives authority in
accordance with the provisions of paragraph 3.3 above for the continuation of
FE the interview not to be recorded.
3.5 If a person refuses to go into or remain in a suitable interview room, see Code
C, paragraph 12.5, and the custody officer considers, on reasonable grounds,
that the interview should not be delayed the interview may, at the custody
officer's discretion, be conducted in a cell using portable recording equipment
or, if none is available, recorded in writing as in Code C, section 11. The
reasons for this shall be recorded.
3.6 The whole of each interview shall be audio recorded, including the taking and
reading back of any statement.
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Notes for Guidance
3A
3B
3C
4.1
4.2
4.3
Nothing in this Code is intended to preclude audio recording at police
discretion of interviews at police stations with people cautioned in respect of
offences not covered by paragraph 3.1, or responses made by persons after
they have been charged with, or told they may be prosecuted for, an offence,
provided this Code is complied with.
A decision not to audio record an interview for any reason may be the subject
of comment in court. The authorising officer should be prepared to justify that
decision.
Where practicable, priority should be given to audio-recording interviews with
persons who are suspected of more serious offences.
The Interview
(a) General
The provisions of Code C:
* sections 10 and 11, and the applicable Notes for Guidance apply to the
conduct of interviews to which this Code applies
¢ paragraphs 11.7 to 11.14 apply only when a written record is needed.
Code C, paragraphs 10.10, 10.11 and Annex C describe the restriction on drawing
adverse inferences from a suspect's failure or refusal to say anything about their
involvement in the offence when interviewed or after being charged or informed
they may be prosecuted, and how it affects the terms of the caution and
determines if and by whom a special warning under Articles 5 and 6 of the
Criminal Evidence (Northern Ireland) Order 1988 (as amended) can be given. E
(b) Commencement of interview
When the suspect is brought into the interview room the interviewer (the
person conducting the interview or any of such officers, if there are more than
one) shall, without delay but in the suspect's sight, load the recorder with
previously unused recording media and set it to record. The recording media
must be unwrapped or opened in the suspect's presence.
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4.4 The interviewer should tell the suspect about the recording process. The
interviewer shall:
(a) say the interview is being audibly recorded
(b) subject to paragraph 2.3, give their name and rank and that of any other
interviewer present
(c) state the name of the suspect and any other party present (e.g. a solicitor)
who shall be asked to identify themselves for the purpose of the recording;
and
(d) state the date, time of commencement and place of the interview
(e) state the suspect will be given a notice about what will happen to copies
of the recording. See Note 4A.
4.5 The interviewer shall:
* caution the suspect, see Code C, section 10
¢ remind the suspect of his right to independent legal advice, see Code C,
paragraph 11.2
4.6 The interviewer shall put to the suspect any significant statement or silence;
see Code C, paragraph 11.3. and 11.4.
(c) Interviews with deaf persons
4.7 If the suspect is deaf or is suspected of having impaired hearing, the interviewer
shall make a written note of the interview in accordance with Code C, at the
same time as audio recording it in accordance with this Code. See Notes 4B
and 4C.
(d) Objections and complaints by the suspect
4.8 If the suspect objects to the interview being audibly recorded at the outset,
during the interview or during a break, the interviewer shall explain that the
interview is being audibly recorded and that this Code requires the suspect's
objections to be recorded on the audio recording. When any objections have
been audibly recorded or the suspect has refused to have their objections
recorded, the interviewer shall say they are turning off the recorder, give their
reasons and turn it off. The interviewer shall then make a written record of the
interview as in Code C, section 11. If, however, the interviewer reasonably
considers they may proceed to question the suspect with the audio recording
still on, the interviewer may do so. The suspect's attention shall be drawn to
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the fact that the audio-recorder is still operating. This procedure also applies in
cases where the suspect has previously objected to the interview being
visually recorded, see Code F, paragraph 4.8, and the investigating officer has
decided to audibly record the interview. See Note 4D.
If in the course of an interview a complaint is made by or on behalf of the
person being questioned concerning the provisions of this Code or Code C,
the interviewer shall act as in Code C, paragraph 12.9. See Notes 4E and 4F.
If the suspect indicates they want to tell the interviewer about matters not
directly connected with the offence and they are unwilling for these matters to
be audio recorded, the suspect should be given the opportunity to tell the
interviewer about these matters at the end of the formal interview.
(e) Changing recording media
When the recorder shows the recording media have only a short time left to
run, the interviewer shall tell the suspect the recording media are coming to
an end and round off that part of the interview. If the interviewer leaves the
room for a second set of recording media, the suspect shal! not be left unattended.
The interviewer will remove the recording media from the recorder and insert
the new recording media which shall be unwrapped or opened in the suspect's
presence. The recorder should be set to record on the new media. To avoid
confusion between the recording media, the interviewer shall mark the media
with an identification number immediately they are removed from the recorder.
(f) Taking a break during interview
When a break is taken, the fact that a break is to be taken, the reason for it
and the time shall be recorded on the audio recording.
When the break is taken and the interview room vacated by the suspect, the
recording media shall be removed from the recorder and the procedures for
the conclusion of an interview followed; see paragraph 4.18.
When a break is a short one and both the suspect and an interviewer remain
in the interview room, the recording may be stopped. There is no need to
remove the recording media and when the interview recommences the
recording should continue on the same recording media. The time the
interview recommences shall be recorded on the audio recording.
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4.14 When there is a break in questioning under caution the interviewing officer
must ensure, that the person being questioned is aware that he remains under
caution. If there is any doubt the caution must be given again in full when the
interview resumes. See Notes 4G and 4H.
(g) Failure of recording equipment
4.15 If there is an equipment failure which can be rectified quickly, e.g. by inserting
new recording media, the interviewer shall follow the appropriate procedures
as in paragraph 4.11. When the recording is resumed the interviewer shall
explain what happened and record the time the interview recommences. If,
however, it will not be possible to continue recording on that recorder and no
replacement recorder is readily available, the interview may continue without
being audibly recorded. If this happens, the interviewer shall seek the custody
officer’s authority as in paragraph 3.3. See Note 41.
(h) Removing recording media from the recorder
4.16 When recording media is removed from the recorder during the interview,
they shall be retained and the procedures in paragraph 4.18 followed.
(i) Conclusion of Interview
4.17 At the conclusion of the interview, the suspect shall be offered the opportunity
to clarify anything he or she has said and asked if there is anything they want
to add.
FE 4.18 At the conclusion of the interview, including the taking and reading back of
any written statement, the time shall be recorded and the recording shall be
stopped. The interviewer shall seal the master recording with a master recording
label and treat it as an exhibit in accordance with police general orders. The
interviewer shall sign the label and ask the suspect and any third party present
during the interview to sign it. If the suspect or third party refuse to sign the
label an officer of at least inspector rank who is not involved in the investigation,
or if not available the custody officer, shall be called into the interview room
and asked, subject to paragraph 2.3, to sign it.
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4.19 The suspect, and if present, an appropriate adult or an interpreter shall be
handed a notice which explains:
(i) the use which will be made of the audio-recording,
(ii) the arrangements for access to it,
(iii) that a copy of the audio recording shall be supplied as soon as practicable
if the person is charged or informed that he will be prosecuted.
Notes for Guidance
4A
4B
4C
4D
4E
4F
For the purpose of voice identification the interviewer should ask the suspect
and any other people present to identify themselves.
Paragraph 4.7 is intended to give a person who is deaf or has impaired hearing
equivalent rights of access to the full interview record as far as this is possible
using audio recording.
The provisions of Code C, section 13 on interpreters for deaf persons or for
interviews with suspects who have difficulty understanding English continue to
apply. However, in an audibly recorded interview the requirement on the
interviewer to make sure the interpreter makes a separate note of the interview
applies only to paragraph 4.7 (interviews with deaf persons).
The interviewer should bear in mind that a decision to continue recording
against the wishes of the suspect may be the subject of comment in court.
If the custody officer is called to deal with the complaint, the recorder should,
if possible, be left on until the custody officer has entered the room and
spoken to the person being interviewed. Continuation or termination of the
interview should be at the interviewer's discretion pending action by an
inspector under Code C, paragraph 9.2.
If the complaint is about a matter not connected with this Code or Code C, the
decision to continue is at the interviewer's discretion. When the interviewer
decides to continue the interview, they shall tell the suspect the complaint will
be brought to the custody officer’s attention at the conclusion of the interview.
When the interview is concluded the interviewer must, as soon as practicable,
inform the custody officer about the existence and nature of the complaint made.
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4G In considering whether to caution again after a break in an interview, the
interviewing officer should bear in mind that he may have to satisfy a court
that the suspect understood he was still under caution when the interview
resumed.
4H The interviewer should bear in mind that it may be necessary to show to the
court that nothing occurred during a break or between interviews which
influenced the suspect's recorded evidence. After a break or at the beginning
of a subsequent interview, the interviewer should consider summarising on the
record the reason for the break and confirming this with the suspect.
4l Where the interview is being recorded and the media or the recording equip-
ment fails the officer conducting the interview should stop the interview
immediately. Where part of the interview is unaffected by the error and is still
accessible on the media, that media shall be copied and sealed in the
suspect's presence and the interview recommenced using new equipment /
media as required. Where the content of the interview has been lost in its
entirety the media should be sealed in the suspect’s presence and the
interview begun again. If the recording equipment cannot be fixed or no
replacement is immediately available the interview should be recorded in
accordance with Code C, section 11.
5. After the interview
5.1 The interviewer shall make a note in their official note book that the interview
has taken place, was tape recorded, its time, duration and date and the master
E recording’s identification number.
5.2. Where no criminal proceedings follow in respect of the person whose interview
was recorded the recording media must nevertheless be kept securely in
accordance with paragraph 6.1 and Note 6A.
5.3 Subject as mentioned at paragraph 5.6, where criminal proceedings do follow
or are under consideration the interviewing officer shall prepare or have
prepared on his behalf a summary of the interview which shall be signed by
the interviewing officer.
5.4 Any written statement of evidence prepared by the interviewing officer in
relation to what took place at the interview shall refer to the fact that the
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5.6
5.7
5.8
Notes for Guidance
5A
5B
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interview was audio-recorded and refer to the master recording as an exhibit
to the statement.
Subject to paragraph 5.6, the summary of interview shall be exhibited to any
written statement of evidence prepared by the interviewing officer at paragraph
5.4. If the summary of interview is prepared by a person other than an
interviewing officer, the interviewing officer must check that the summary is
correct before he signs it and his written statement must contain a reference to
the fact that he has been shown the summary, checked it, found it to be
correct and signed it.
The Chief Constable or, where applicable, the Public Prosecutions Service may
direct that, in circumstances which they shall specify, a summary of interview
will not be required to be included in files submitted for the decision of the
District Commander or, where applicable, the Public Prosecutions Service.
Accordingly, where the specified circumstances arise, paragraphs 5.3 and 5.5
shall not apply unless the District Commander or, where applicable, the Public
Prosecutions Service after receipt of the file directs that a summary of interview
be prepared in that individual case.
The court shall be made aware of any transcription of the audio recorded
interview which has been made.
Reference to the Public Prosecutions Service in this part of the code shall be
taken to include any other body or person, other than police, with a statutory
responsibility for prosecution to whom the police report the investigation of
any criminal offence.
Prior to preparing the summary of the interview or to checking a summary of
interview which has been prepared on his behalf by another person, the
interviewing officer may refresh his memory by listening to the working copy
of the audio recording.
A person preparing a summary of interview on behalf of the interviewing
officer shall be a police officer, or other person who has received appropriate
training in the preparation of summaries of interview. He should prepare the
summary after listening to the audio recording and if necessary after consultation
with the interviewing officer.
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5C The summary of interview shall be prepared on the basis that it shall be
exhibited to the interviewing officer’s statement of evidence and that it will be
used for the following purposes:
(i) to enable the District Commander or the Public Prosecutions Service to
make informed decisions about the case on the basis of what was said at
the interview;
(ii) for use pursuant to any rule of law permitting the admission of written
statements as evidence in court (for example Article 33 of the Magistrates’
Courts (Northern Ireland) Order 1981);
(iii) where applicable, for use as a basis for the conduct of the case by the
prosecution, the defence and the court without the necessity for the
master recording to be played in court.
The summary shall, therefore, comprise a balanced account of the interview,
including points in mitigation and/or defence made by the suspect. Where an
admission is made the question as well as the answer containing the admission
shall be recorded verbatim in the summary. Care should be taken to bring to
the attention of the District Commander and/or Public Prosecutions Service, by
means of a covering report, any material on the recording which might be
regarded by a court as prejudicial or inadmissible.
6. Media security
6.1 The District Commander in charge of each police station at which interviews
FE with suspects are recorded shall make arrangements for master recordings to
be kept securely and their movements accounted for on the same basis as any
other exhibit. See Note 6A.
6.2. A police officer has no authority to break the seal on a master recording
required for criminal trial or appeal proceedings. If it is necessary to gain
access to the master recording, the police officer shall arrange for its seal to be
broken in the presence of a representative of the Public Prosecution Service.
The defendant or their legal adviser should be informed and given a reasonable
opportunity to be present. If the defendant or their legal representative is
present they shall be invited to reseal and sign the master recording. If either
refuses or neither is present this should be done by the representative of the
Public Prosecution Service. See Notes 6B and 6C
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6.4
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If no criminal proceedings result or the criminal trial and, if applicable, appeal
proceedings to which the interview relates have been concluded, it is the
responsibility of an Assistant Chief Constable to establish arrangements for
breaking the seal on the master recording, if necessary.
When the master recording seal is broken, a record must be made of the
procedure followed, including the date, time, place and persons present.
Notes for Guidance
6A
6B
6C
This section is concerned with the security of the master recording sealed at
the conclusion of the interview. Care must be taken of working copies of
recordings because their loss or destruction may lead to the need to access
master recordings.
If the master copy has been delivered to the court for their keeping the public
prosecutor will apply to the official appointee of the appropriate court for it’s
release for unsealing by the public prosecutor.
Reference to the Public Prosecution Service in this part of the code shall be
taken to include any other body or person, other than police, with a statutory
responsibility for prosecution to whom the police report the investigation of
any criminal offence.
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22) Northern
Code of
Practice F
Code of Practice on Visual IRecording with Sound of Interviews
with Suspects
Commencement — Transitional Arrangements
The contents of this code! should be considered if an interviewing officer decides to
make aivisual recording with sound of anjinterviéw) with a suspect afterjmidnight
oni28 February 2007) ThereIis no statutory’ requirement to visually record interviews:
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1A
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General
This code of practice must be readily available for consultation by police
officers and other police staff, detained persons and members of the public.
The notes for guidance included are not provisions of this code. They form
guidance to police officers and others about its application and interpretation.
Nothing in this code shall be taken as detracting in any way from the requirements
of the Code of Practice for the Detention, Treatment and Questioning of Persons
by Police Officers (Code C). See Note 1A.
The interviews to which this Code applies are set out in paragraphs 3.1 - 3.3.
In this code, the term “appropriate adult”, “solicitor” and “interview” have the
same meaning as those set out in Code C. The corresponding provisions and
Notes for Guidance in Code C applicable to those terms shall also apply
where appropriate.
Any reference in this code to visual recording shall be taken to mean visual
recording with sound.
References to “official note book” in this Code include any official report book
issued to police officers.
When conducting interviews with suspects, police officers should be aware of
the need to act without discrimination on the grounds of religious belief or
political opinion, racial group, age, marital status, sexual orientation, gender,
or disability.
As in paragraph 1.9 of Code C, references to custody officers include those
carrying out the functions of a custody officer.
Recording and sealing of master tapes
The visual recording of interviews shall be carried out openly to instil confidence
in its reliability as an impartial and accurate record of the interview. See Note 2A.
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2.2. The camera(s) shall be placed in the interview room so as to ensure coverage
of as much of the room as is practicably possible whilst the interviews are
taking place.
2.3. The certified recording medium will be of a high quality, new and previously
unused. When the certified recording medium is placed in the recorder and
switched on to record, the correct date and time, in hours, minutes and
seconds, will be superimposed automatically, second by second, during the
whole recording. See Note 2B.
2.4 One copy of the certified recording medium, referred to in this code as the
master copy, will be sealed before it leaves the presence of the suspect. A
second copy will be used as a working copy. See Note 2C and 2D.
2.5. Nothing in this code requires the identity of an officer to be recorded or
disclosed if:
(a) the interview or record relates to a person detained under the Terrorism
Act 2000; or
(b) otherwise where the officer reasonably believes that recording or disclosing
their name might put them in danger.
In these cases, the officer will have their back to the camera and shall use their
police service number and the name of the police station to which they are
attached. Such instances and the reasons for them shall be recorded in the
custody record. See Note 2E.
Notes for Guidance
2A Interviewing officers will wish to arrange that, as far as possible, visual
recording arrangements are unobtrusive. It must be clear to the suspect,
however, that there is no opportunity to interfere with the recording equipment
or the recording media.
F 2B In this context, the certified recording media should be capable of having an
image of the date and time superimposed upon them as they record the
interview.
2C The purpose of sealing the master copy before it leaves the presence of the
suspect is to establish their confidence that the integrity of the copy is preserved.
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2D
2E
3.1
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The recording of the interview may be used for identification procedures in
accordance with paragraph 3.22 or Annex E of Code D.
The purpose of paragraph 2.5 is to protect police officers and others involved
in the investigation of serious organised crime or the arrest of particularly
violent suspects when there is reliable information that those arrested or their
associates may threaten or cause harm to the officers, their families or their
personal property.
Interviews to be visually recorded
Subject to paragraph 3.2 below, if an interviewing officer decides to make a
visual recording these are the areas where it might be appropriate:
(a) with a suspect in respect of an indictable offence (including an offence
triable either way) See Notes 3A and 3B;
(b) which takes place as a result of an interviewer exceptionally putting
further questions to a suspect about an offence described in sub-paragraph
(a) above after they have been charged with, or informed they may be
prosecuted for, that offence. See Note 3C;
(c)_ in which an interviewer wishes to bring to the notice of a person, after
that person has been charged with, or informed they may be prosecuted
for an offence described in sub-paragraph (a) above, any written statement
made by another person, or the content of an interview with another
person. See Note 3D.
(d)_ with, or in the presence of, a deaf or deaf/blind or speech impaired person
who uses sign language to communicate;
(e) with, or in the presence of anyone who requires an “appropriate adult”; or
(f) in any case where the suspect or their representative requests that the
interview be recorded visually. F
The Terrorism Act 2000 makes separate provision for a code of practice for the
video recording of interviews in a police station of those detained under
Schedule 7 or section 41 of the Act. The provisions of this code do not
therefore apply to such interviews. See Note 3E.
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3.4
3.5
3.6
Notes
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The custody officer may authorise the interviewing officer not to record the
interview visually:
(a) where it is not reasonably practicable to do so because of failure of the
equipment, or the non-availability of a suitable interview room, or
recorder, and the authorising officer considers on reasonable grounds that
the interview should not be delayed until the failure has been rectified or
a suitable room or recorder becomes available. In such cases the custody
officer may authorise the interviewing officer to audio record the interview
in accordance with the guidance set out in Code E;
(b) where it is clear from the outset that no prosecution will ensue; or
(c)_ where it is not practicable to do so because at the time the person resists
being taken to a suitable interview room or other location which would
enable the interview to be recorded, or otherwise fails or refuses to go
into such a room or location, and the authorising officer considers on
reasonable grounds that the interview should not be delayed until these
conditions cease to apply.
In all cases the custody officer shall make a note in the custody records of the
reasons for not taking a visual record. See Note 3F.
When a person who is voluntarily attending the police station is required to be
cautioned in accordance with Code C prior to being interviewed, the subsequent
interview shall be recorded, unless the custody officer gives authority in
accordance with the provisions of paragraph 3.3 above for the interview not to
be so recorded.
The whole of each interview shall be recorded visually, including the taking
and reading back of any statement.
A visible illuminated sign or indicator will light and remain on at all times
when the recording equipment is activated or capable of recording or
transmitting any signal or information.
for Guidance
Nothing in the code is intended to preclude visual recording at police
discretion of interviews at police stations with people cautioned in respect of
offences not covered by paragraph 3.1, or responses made by interviewees
3B
3c
3D
3E
3F
4.1
4.2
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after they have been charged with, or informed they may be prosecuted for, an
offence, provided that this code is complied with.
Attention is drawn to the provisions set out in Code C about the matters to be
considered when deciding whether a detained person is fit to be interviewed.
Code C sets out the circumstances in which a suspect may be questioned
about an offence after being charged with it.
Code C sets out the procedures to be followed when a person’s attention is
drawn after charge, to a statement made by another person. One method of
bringing the content of an interview with another person to the notice of a
suspect may be to play him a recording of that interview.
When it only becomes clear during the course of an interview which is being
visually recorded that the interviewee may have committed an offence to
which paragraph 3.2 applies, the interviewing officer should turn off the
recording equipment and the interview should continue in accordance with
the provisions of the Terrorism Act 2000.
A decision not to record an interview visually for any reason may be the
subject of comment in court. The authorising officer should therefore be
prepared to justify their decision in each case.
The Interview
(a) General
The provisions of Code C in relation to cautions and interviews and the Notes
for Guidance applicable to those provisions shall apply to the conduct of
interviews to which this Code applies.
Particular attention is drawn to those parts of Code C that describe the
restrictions on drawing adverse inferences from a suspect's failure or refusal to
say anything about their involvement in the offence when interviewed, or after F
being charged or informed they may be prosecuted and how those restrictions
affect the terms of the caution and determine whether a special warning under
Articles 5 and 6 of the Criminal Evidence (Northern Ireland) Order 1988 (as
amended) can be given.
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(b) Commencement of interviews
4.3. When the suspect is brought into the interview room the interviewer shall
without delay, but in sight of the suspect, load the recording equipment and
set it to record. The recording media must be unwrapped or otherwise opened
in the presence of the suspect. See Note 4A.
4.4 The interviewer shall then tell the suspect formally about the visual recording.
The interviewer shall:
(a) explain the interview is being visually recorded;
(b) subject to paragraph 2.5, give his or her name and rank, and that of any
other interviewer present;
(c) ask the suspect and any other party present (e.g. his solicitor) to identify
themselves;
(d) state the date, time of commencement and place of the interview; and
(e) state that the suspect will be given a notice about what will happen to the
recording.
4.5 The interviewer shall then caution the suspect, which should follow that set
out in Code C, and remind the suspect of their entitlement to independent
legal advice and that they can speak to a solicitor on the telephone.
4.6 The interviewer shall then put to the suspect any significant statement or
silence (i.e. failure or refusal to answer a question or to answer it satisfactorily)
which occurred before the start of the interview, and shall ask the suspect
whether they wish to confirm or deny that earlier statement or silence or
whether they wish to add anything. The definition of a “significant” statement
or silence is the same as that set out in Code C.
F (c) Interviews with the deaf
4.7 If the suspect is deaf or there is doubt about their hearing ability, the
provisions of Code C on interpreters for the deaf or for interviews with
suspects who have difficulty in understanding English continue to apply.
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4.9
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(d) Objections and complaints by the suspect
If the suspect raises objections to the interview being visually recorded either
at the outset or during the interview or during a break in the interview, the
interviewer shall explain the fact that the interview is being visually recorded
and that the provisions of this code require that the suspect’s objections shall
be recorded on the visual recording. When any objections have been visually
recorded or the suspect has refused to have their objections recorded, the
interviewer shall say that they are turning off the recording equipment, give
their reasons and turn it off. If a separate audio recording is being maintained,
the officer shall ask the person to record the reasons for refusing to agree to
visual recording of the interview. Paragraph 4.8 of Code E will apply if the
person objects to audio recording of the interview. The officer shall then make
a written record of the interview. If the interviewer reasonably considers they
may proceed to question the suspect with the visual recording still on, the
interviewer may do so. See Note 4G.
If in the course of an interview a complaint is made by the person being
questioned, or on their behalf, concerning the provisions of this code or of
Code C, then the interviewer shall act in accordance with Code C, record it in
the interview record and inform the custody officer. See 4B and 4C.
If the suspect indicates that they wish to tell the interviewer about matters not
directly connected with the offence of which they are suspected and that they
are unwilling for these matters to be recorded, the suspect shall be given the
opportunity to tell the interviewer about these matters after the conclusion of
the formal interview.
(e) Changing the recording media
In instances where the recording medium is not of sufficient length to record
all of the interview with the suspect, further certified recording medium will
be used. When the recording equipment indicates that the recording medium
has only a short time left to run, the interviewer shall advise the suspect and F
round off that part of the interview. If the interviewer wishes to continue the
interview but does not already have further certified recording media with
him, they shall obtain a set. The suspect should not be left unattended in the
interview room. The interviewer will remove the recording media from the
recording equipment and insert the new ones which have been unwrapped or
otherwise opened in the suspect's presence. The recording equipment shall
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then be set to record. Care must be taken, particularly when a number of sets
of recording media have been used, to ensure that there is no confusion
between them. This could be achieved by marking the sets of recording media
with consecutive identification numbers.
(f) Taking a break during the interview
When a break is to be taken during the course of an interview and the inter-
view room is to be vacated by the suspect, the fact that a break is to be taken,
the reason for it and the time shall be recorded. The recording equipment must
be turned off and the recording media removed. The procedures for the
conclusion of an interview set out in paragraph 4.18, below, should be followed.
When a break is to be a short one, and both the suspect and a police officer
are to remain in the interview room, the fact that a break is to be taken, the
reasons for it and the time shall be recorded on the recording media. The
recording equipment may be turned off, but there is no need to remove the
recording media. When the interview is recommenced the recording shall
continue on the same recording media and the time at which the interview
recommences shall be recorded.
When there is a break in questioning under caution, the interviewing officer
must ensure that the person being questioned is aware that they remain under
caution. If there is any doubt, the caution must be given again in full when the
interview resumes. See Notes 4D and 4E.
(g) Failure of recording equipment
If there is a failure of equipment which can be rectified quickly, the appropriate
procedures set out in paragraph 4.12 shall be followed. When the recording is
resumed the interviewer shall explain what has happened and record the time
the interview recommences. If, however, it is not possible to continue
recording on that particular recorder and no alternative equipment is readily
available, the interview may continue without being recorded visually. In such
circumstances, the procedures set out in paragraph 3.3 of this code for seeking
the authority of the custody officer will be followed. See Note 4F.
4.16
4.18
4.19
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(h) Removing used recording media from recording equipment
Where used recording media are removed from the recording equipment
during the course of an interview, they shall be retained and the procedures
set out in paragraph 4.18 below followed.
(i) Conclusion of interview
Before the conclusion of the interview, the suspect shall be offered the
opportunity to clarify anything he or she has said and asked if there is anything
that they wish to add.
At the conclusion of the interview, including the taking and reading back of
any written statement, the time shall be recorded and the recording equipment
switched off. The master tape or CD shall be removed from the recording
equipment, sealed with a master copy label and treated as an exhibit in
accordance with police general orders. The interviewer shall sign the label and
also ask the suspect and any appropriate adults or other third party present
during the interview to sign it. If the suspect or third party refuses to sign the
label, an officer of at least the rank of inspector, or if one is not available, the
custody officer, shall be called into the interview room and asked to sign it.
The suspect shall be handed a notice which explains the use which will be
made of the recording and the arrangements for access to it. The notice will
also advise the suspect that a copy of the recording shall be supplied as soon
as practicable if the person is charged or informed that he will be prosecuted.
Notes for Guidance
4A
4B
The interviewer should attempt to estimate the likely length of the interview
and ensure that an appropriate quantity of certified recording media and labels
with which to seal the master copies are available in the interview room.
Where the custody officer is called immediately to deal with the complaint,
wherever possible the recording equipment should be left to run until the F
custody officer has entered the interview room and spoken to the person being
interviewed. Continuation or termination of the interview should be at the
discretion of the interviewing officer pending action by an inspector as set out
in Code C.
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4C Where the complaint is about a matter not connected with this code of practice
or Code C, the decision to continue with the interview is at the discretion of
the interviewing officer. Where the interviewing officer decides to continue
with the interview, the person being interviewed shall be told that the complaint
will be brought to the attention of the custody officer at the conclusion of the
interview. When the interview is concluded, the interviewing officer must, as
soon as practicable, inform the custody officer of the existence and nature of
the complaint made.
4D In considering whether to caution again after a break, the officer should bear
in mind that he may have to satisfy a court that the person understood that he
was still under caution when the interview resumed.
4E The officer should bear in mind that it may be necessary to satisfy the court
that nothing occurred during a break in an interview or between interviews
which influenced the suspect's recorded evidence. On the re-commencement
of an interview, the officer should consider summarising on the recording
media the reason for the break and confirming this with the suspect.
4F If any part of the recording media breaks or is otherwise damaged during the
interview, it should be sealed as a master copy in the presence of the suspect and
the interview resumed where it left off. The undamaged part should be copied
and the original sealed as a master copy in the suspect's presence, if necessary
after the interview. If equipment for copying is not readily available, both parts
should be sealed in the suspect’s presence and the interview begun again.
4G The interviewer should be aware that a decision to continue recording against
the wishes of the suspect may be the subject of comment in court.
After the Interview
ou
5.1 The interviewer shall make a note in his or her official note book of the fact that
the interview has taken place and has been recorded, its time, duration and
F date and the identification number of the master copy of the recording media.
5.2 Where no proceedings follow in respect of the person whose interview was
recorded, the recording media must nevertheless be kept securely in
accordance with paragraph 6.1 and Note 6A.
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5.4
5.6
5.7
5.8
Notes
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Subject as mentioned at paragraph 5.6, where criminal proceedings do follow
or are under consideration the interviewing officer shall prepare or have
prepared on his behalf a summary of the interview which shall be signed by
the interviewing officer.
Any written statement of evidence prepared by the interviewing officer in relation
to what took place at the interview shall refer to the fact that the interview was
recorded and refer to the master recording as an exhibit to the statement.
Subject to paragraph 5.6, the summary of interview shall be exhibited to any
written statement of evidence prepared by the interviewing officer at paragraph
5.4. If the summary of interview is prepared by a person other than an inter
viewing officer, the interviewing officer must check that the summary is correct
before he signs it and his written statement must contain a reference to the fact
that he has been shown the summary, checked it, found it to be correct and
signed it.
The Chief Constable or, where applicable, the Public Prosecutions Service may
direct that, in circumstances which they shall specify, a summary of interview
will not be required to be included in files submitted for the decision of the
District Commander or, where applicable, the Public Prosecutions Service.
Accordingly, where the specified circumstances arise, paragraphs 5.3 and 5.5
shall not apply unless the District Commander or, where applicable, the Public
Prosecutions Service after receipt of the file directs that a summary of interview
be prepared in that individual case.
The court shall be made aware of any transcription of the recorded interview
which has been made.
Reference to the Public Prosecutions Service in this part of the code shall be
taken to include any other body or person, other than police, with a statutory
responsibility for prosecution to whom the police report the investigation of
any criminal offence.
for Guidance
Prior to preparing the summary of the interview or to checking a summary of
interview which has been prepared on his behalf by another person, the
interviewing officer may refresh his memory by viewing the working copy of
the recording.
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5B A person preparing a summary of interview on behalf of the interviewing
officer shall be a police officer, or other person who has received appropriate
training in the preparation of summaries of interview. He should prepare the
summary after viewing the recording and if necessary after consultation with
the interviewing officer.
5C — The summary of interview shall be prepared on the basis that it shall be
exhibited to the interviewing officer’s statement of evidence and that it will be
used for the following purposes:
(i) to enable the District Commander or the Public Prosecutions Service to
make informed decisions about the case on the basis of what was said at
the interview;
(ii) for use pursuant to any rule of law permitting the admission of written
statements as evidence in court (for example Article 33 of the Magistrates’
Courts (Northern Ireland) Order 1981);
(ii
where applicable, for use as a basis for the conduct of the case by the
prosecution, the defence and the court without the necessity for the
master recording to be played in court.
The summary shall, therefore, comprise a balanced account of the interview,
including points in mitigation and/or defence made by the suspect. Where an
admission is made the question as well as the answer containing the admission
shall be recorded verbatim in the summary. Care should be taken to bring to
the attention of the District Commander and/or Public Prosecutions Service, by
means of a covering report, any material on the recording which might be
regarded by a court as prejudicial or inadmissible.
6. Master Copy Security
(a) General
F 6.1 The officer in charge of the police station at which interviews with suspects
are recorded shall make arrangements for the master copies to be kept securely
and their movements accounted for on the same basis as other material which
may be used for evidential purposes, in accordance with police general orders.
See Note 6A.
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6.3
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(b) Breaking master copy seal for criminal proceedings
A police officer has no authority to break the seal on a master copy which is
required for criminal trial or appeal proceedings. If it is necessary to gain
access to the master copy, the police officer shall arrange for its seal to be
broken in the presence of a representative of the Public Prosecution Service.
The defendant or their legal adviser shall be informed and given a reasonable
opportunity to be present. If the defendant or their legal representative is
present they shall be invited to reseal and sign the master copy. If either
refuses or neither is present, this shall be done by the representative of the
Public Prosecution Service. See Notes 6B and 6C.
(c) Breaking master copy seal: other cases
The Chief Constable is responsible for establishing arrangements for breaking
the seal of the master copy where no criminal proceedings result, or the
criminal proceedings, to which the interview relates, have been concluded
and it becomes necessary to break the seal. These arrangements should be
those which the Chief Constable considers are reasonably necessary to
demonstrate to the person interviewed and any other party who may wish to
use or refer to the interview record that the master copy has not been tampered
with and that the interview record remains accurate. See Note 6D.
Subject to paragraph 6.6, a representative of each party must be given a
reasonable opportunity to be present when the seal is broken, the master copy
copied and resealed.
If one or more of the parties is not present when the master copy seal is broken
because they cannot be contacted or refuse to attend or paragraph 6.6 applies,
arrangements should be made for an independent person such as a custody
visitor, to be present. Alternatively, or as an additional safeguard, arrangements
should be made for a film or photographs to be taken of the procedure.
Paragraph 6.5 does not require a person to be given an opportunity to be
present when: F
(a) it is necessary to break the master copy seal for the proper and effective
further investigation of the original offence or the investigation of some
other offence; and
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(b) the officer in charge of the investigation has reasonable grounds to suspect
that allowing an opportunity might prejudice any such an investigation or
criminal proceedings which may be brought as a result or endanger any
person. See Note 6E.
(d) Documentation
6.7 When the master copy seal is broken, copied and re-sealed, a record must be
made of the procedure followed, including the date, time and place and
persons present.
Notes for Guidance
6A This section is concerned with the security of the master copy which will have
been sealed at the conclusion of the interview. Care should, however, be taken
of working copies since their loss or destruction may lead unnecessarily to the
need to have access to master copies.
6B If the master copy has been delivered to the court for their keeping the Public
Prosecutor will apply to the official appointee of the appropriate court for its
release for unsealing by the Public Prosecutor.
6C Reference to the Public Prosecution Service or to the Public Prosecutor in this
part of the code shall be taken to include any other body or person with a
statutory responsibility for prosecution for whom the police conduct any
recorded interviews.
6D The most common reasons for needing access to master copies that are not
required for criminal proceedings arise from civil actions and complaints
against police and civil actions between individuals arising out of allegations
of crime investigated by police.
6E Paragraph 6.6 could apply, for example, when one or more of the outcomes or
likely outcomes of the investigation might be:
F (i) the prosecution of one or more of the original suspects,
(ii) the prosecution of someone previously not suspected, including someone
who was originally a witness; and
(iii) any original suspect being treated as a prosecution witness and when
premature disclosure of any police action, particularly through contact
with any parties involved, could lead to a real risk of compromising the
investigation and endangering witnesses.
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Code of
Practice G
Code of Practice for the Statutory Power) of Arrest by Police
Officers
Commencement
This Gode applies tojany arrestimade by a policelofficer after midnight oh 28\February 2007
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1.2
1.2A
1.3
1.4
1.5
1.6
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Introduction
This Code of Practice deals with the statutory power of police to arrest persons
suspected of involvement in a criminal offence.
The right to liberty is a key principle of the Human Rights Act 1998. The
exercise of the power of arrest represents an obvious and significant
interference with that right.
When exercising the power of arrest, police officers should be aware of the
need to act without discrimination on the grounds of religious belief or
political opinion, racial group, age, marital status, sexual orientation, gender,
or disability.
The use of the power must be fully justified and officers exercising the power
should consider if the necessary objectives can be met by other, less intrusive
means.
Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989
(PACE) provides the statutory power of arrest. If the provisions of the Order
and this Code are not observed, both the arrest and the conduct of any
subsequent investigation may be open to question.
This code of practice must be readily available at all police stations for
consultation by police officers and police staff, detained persons and members
of the public.
The notes for guidance are not provisions of this code.
Elements of Arrest under Article 26 of the PACE (NI)
Order 1989
A lawful arrest requires two elements:
* A person’s involvement or suspected involvement or attempted
involvement in the commission of a criminal offence; AND
¢ reasonable grounds for believing that the person’s arrest is necessary.
Arresting officers are required to inform the person arrested that they have
been arrested, even if this fact is obvious, and of the relevant circumstances of
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the arrest in relation to both elements and to inform the custody officer of
these on arrival at the police station. See Code C, paragraph 3.4.
‘Involvement in the commission of an offence’
2.3
A constable may arrest without warrant in relation to any offence, except for
the single exception listed in Note for Guidance 1. A constable may arrest
anyone:
¢ who is about to commit an offence or is in the act of committing an offence
¢ whom the officer has reasonable grounds for suspecting is about to commit
an offence or to be committing an offence
* whom the officer has reasonable grounds to suspect of being guilty of an
offence which he or she has reasonable grounds for suspecting has been
committed
* anyone who is guilty of an offence which has been committed or anyone
whom the officer has reasonable grounds for suspecting to be guilty of that
offence.
Necessity criteria
2.4
2.5
2.6
The power of arrest is only exercisable if the constable has reasonable grounds
for believing that it is necessary to arrest the person. The criteria for what may
constitute necessity are set out in paragraph 2.9. It remains an operational
decision at the discretion of the arresting officer as to:
* what action he or she may take at the point of contact with the individual;
¢ the necessity criterion or criteria (if any) which applies to the individual;
and
¢ whether to arrest, report for summons, grant street bail, issue a fixed
penalty notice or take any other action that is open to the officer.
In applying the criteria, the arresting officer has to be satisfied that at least one
of the reasons supporting the need for arrest is satisfied.
Extending the power of arrest to all offences provides a constable with the
ability to use that power to deal with any situation. However, applying the
necessity criteria requires the constable to examine and justify the reason or
reasons why a person needs to be taken to a police station for the custody
officer to decide whether the person should be placed in police detention.
2.7
2.8
2.9
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The criteria below are set out in Article 26 of the Police and Criminal Evidence
(NI) Order 1989. The criteria are exhaustive. However, the circumstances that
may satisfy those criteria remain a matter for the operational discretion of
individual officers. Some examples are given below of what those circumstances
may be.
In considering the individual circumstances, the constable must take into
account the situation of the victim, the nature of the offence, the circumstances
of the offender and the needs of the investigative process.
The criteria are that the arrest is necessary:
(a) to enable the name of the person in question to be ascertained (in the case
where the constable does not know, and cannot readily ascertain, the
person’s name, or has reasonable grounds for doubting whether a name
given by the person as his name is his real name)
(b) correspondingly as regards the person’s address: an address is a satisfactory
address for service of summons if the person will be at it for a sufficiently
long period for it to be possible to serve him or her with a summons; or,
that some other person at that address specified by the person will accept
service of the summons on their behalf.
(c) to prevent the person in question:
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury ;
(iii) causing loss or damage to property;
(iv) committing an offence against public decency (only applies where
members of the public going about their normal business cannot
reasonably be expected to avoid the person in question); or
(v) causing an unlawful obstruction of the highway;
(d) to protect a child or other vulnerable person from the person in question
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(e) to allow the prompt and effective investigation of the offence or of the
conduct of the person in question. This may include cases such as:
(i) Where there are grounds to believe that the person:
* has made false statements;
¢ has made statements which cannot be readily verified;
¢ has presented false evidence;
* may steal or destroy evidence;
* may make contact with co-suspects or conspirators;
* may intimidate or threaten or make contact with witnesses; or
(ii) when considering arrest in connection with an indictable offence,
there is an operational need to:
* enter and search any premises occupied or controlled by a person
* search the person
* prevent contact with others
* take fingerprints, footwear impressions, samples or photographs
of the suspect.
(f) to prevent any prosecution for the offence from being hindered by the
disappearance of the person in question. This may arise if there are
reasonable grounds for believing that:
¢ if the person is not arrested he or she will fail to attend court
* street bail after arrest would be sufficient to deter the suspect from
trying to evade prosecution.
Information to be given on Arrest
(a) Cautions - when a caution must be given (taken from Code C
Section 10)
A person whom there are grounds to suspect of an offence (see Note 2) must
be cautioned before any questions about an offence, or further questions if the
answers provide the grounds for suspicion, are put to them if either the
suspect's answers or silence, (i.e. failure or refusal to answer or answer
satisfactorily) may be given in evidence to a court in a prosecution. A person
need not be cautioned if questions are for other necessary purposes, e.g.:
(a) solely to establish their identity or ownership of any vehicle;
(b) to obtain information in accordance with any relevant statutory requirement;
3.2
3.3
3.4
3.5
3.6
3.7
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(c)_ in furtherance of the proper and effective conduct of a search, e.g. to
determine the need to search in the exercise of powers of stop and search
or to seek co-operation while carrying out a search;
(d)_ to seek verification of a written record as in Code C paragraph 11.13;
(e) when examining a person in accordance with the Terrorism Act 2000,
Schedule 7 and the Code of Practice for Examining Officers issued under
that Act, Schedule 14, paragraph 6.
Whenever a person not under arrest is initially cautioned, or reminded they
are under caution, that person must at the same time be told they are not
under arrest and are free to leave if they want to.
A person who is arrested, or further arrested, must be informed at the time, or
as soon as practicable thereafter, that they are under arrest and the grounds for
their arrest, see Note 3.
A person who is arrested, or further arrested, must also be cautioned unless:
(a) it is impracticable to do so by reason of their condition or behaviour at
the time;
(b) they have already been cautioned immediately prior to arrest as in
paragraph 3.1.
(b) Terms of the caution (taken from Code C Section 10)
The caution, which must be given on arrest, should be in the following terms:
“You do not have to say anything, but I must caution you that if you do not
mention when questioned something which you later rely on in court, it may
harm your defence. If you do say anything it may be given in evidence! See
Note 5
Minor deviations from the words of any caution given in accordance with this
Code do not constitute a breach of this Code, provided the sense of the
relevant caution is preserved. See Note 5.
When, despite being cautioned, a person fails to co-operate or to answer
particular questions which may affect their immediate treatment, the person G
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should be informed of any relevant consequences and that those consequences
are not affected by the caution. Examples are when a person’s refusal to provide:
¢ their name and address when charged may make them liable to detention;
¢ particulars and information in accordance with a statutory requirement, e.g.
under the Traffic (Northern Ireland) Order 1995, may amount to an offence
or may make the person liable to a further arrest.
4. — Records of Arrest
(a) General
4.1 The arresting officer is required to record in his official note book or by other
methods used for recording information:
¢ the nature and circumstances of the offence leading to the arrest
* the reason or reasons why arrest was necessary
¢ the giving of the caution
¢ anything said by the person at the time of arrest.
4.2 Such a record should be made at the time of the arrest unless it is
impracticable to do so. If not made at that time, the record should then be
completed as soon as possible thereafter.
4.3. On arrival at the police station, the custody officer shall open the custody
record (see paragraph 1.1A and section 2 of Code ©). The information given
by the arresting officer on the circumstances and reason or reasons for arrest
shall be recorded as part of the custody record. Alternatively, a copy of the
record made by the officer in accordance with paragraph 4.1 above shall be
attached as part of the custody record.
4.4 The custody record will serve as a record of the arrest. Copies of the custody
record will be provided in accordance with paragraphs 2.4 and 2.4A of Code
C and access for inspection of the original record in accordance with
paragraph 2.5 of Code C.
(b) Interviews and arrests
45 Records of interview, significant statements or silences will be treated in the
same way as set out in sections 10 and 11 of Code C, in Code E (tape recording
of interviews) and in Code F (visual recording with sound of interviews).
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Notes for guidance
1.
The offences of assisting offenders under section 4(1) and concealing offences
under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 carry the
power of arrest. However, these offences relate only to assisting or concealing
offences for which
(a) the sentence is fixed by law, or
(b) a first time offender aged 18 or over could be sentenced to five years
imprisonment.
There must be some reasonable, objective grounds for the suspicion, based on
known facts or information which are relevant to the likelihood the offence
has been committed and the person to be questioned committed it.
An arrested person must be given sufficient information to enable them to
understand they have been deprived of their liberty and the reason they have
been arrested, e.g. when a person is arrested on suspicion of committing an
offence they must be informed of the suspected offence’s nature, when and
where it was committed. The suspect must also be informed of the reason or
reasons why arrest is considered necessary. Vague or technical language
should be avoided.
Nothing in this Code requires a caution to be given or repeated when informing
a person not under arrest they may be prosecuted for an offence. However, a
court will not be able to draw any inferences under the Criminal Evidence
(Northern Ireland) Order 1988, Article 3, if the person was not cautioned.
If it appears a person does not understand the caution, the people giving it
should explain it in their own words.
The powers available to an officer as the result of an arrest — for example, entry
and search of premises, holding a person incommunicado, setting up road
blocks - are only available in respect of indictable offences and are subject to
the specific requirements on authorisation as set out in the 1989 Order and
relevant PACE Code of Practice.
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Index
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Note: index entries do not refer to page numbers. Instead, each Code is identified by
its letter, shown in bold, followed by paragraph numbers, and/or note numbers (in
italics), and/or references to the Code’s Annexes. If only a few paragraphs of the
Annex are relevant, their numbers are given in brackets (in italics if the reference is to
a note within the Annex).
Example: “C 16.1-10, 16A-D, Annex E (11, £1)” refers to Code C, paragraphs 16.1-10,
notes 76A-D, and Annex E (paragraph 11 and note F7).
Addresses, for service of summons G 2.9
Alcohol affected persons see Intoxicated
persons
Ambulances C 9.5A, Annex E (5),
Annex H
Appropriate adults C 1.7, 1B-F,
see also Independent custody visitors;
access to custody records C 2.4, 2.4A, 2.5
assistance with documentation C 3.15,
D2.13
cautions in presence of C 10.12,
Annex E (7)
charging detainees C 16.1, 16.3, 16.4A,
16.6, 16B, Annex E (11)
confrontations D Annex D (6)
deaf persons C 13.6
definitions C 1.7, Annex E (2), D 2.6,
E1.5,F1.5
detention procedures C 3.12
duties C 3.13
evidence from C 1E
exclusions C 7B, 1F
extensions of detention C 15.3, 15.9,
Annex E (10)
group identifications D Annex C (3, 14)
identification parades D Annex B (8, 10)
identification procedures D 2.1 2, 2.15,
2A, 3.15
information provision to C 3.10,
Annex E (3)
interview records C 11.12, 16.4A
interviews C 11.15-18, 77C, 12.2, 13.6,
Annex E (8-9)
intimate searches C Annex A (5),
Annex E (12)
juveniles C 1.7, 1B-C, 3.12-14, 6.4A,
11A, 15.2A, Annex A (5, 11(b-c)),
D 2.14, 2.15
legal advice C 3.14, 1£, Annex E (4, E71)
legal privilege C 1E
legal representatives C 1£-F
mentally disordered/mentally vulnerable
persons C 1.7, 1D, 1G, 10.12, 15.2A,
Annex A (5, 11(b-c)), Annex E, D 2.12,
2.14, 2.15
need for C 3.5, Annex G (5, 8)
notification of arrest C 3.10, Annex B
(B1), Annex E (3)
right to consult with C 3.13
role of C 3.13, 11.17, Annex E (9)
statements from C 1E
strip searches C Annex A (11(b-c)),
Annex E (12)
taking of body samples D 6.9, 6C
video identifications D Annex A (7)
visually recorded interviews F 3.1
X-ray and ultrasound scan procedures C
Annex K (5(e))
Arrest
see also Detention
entry without warrant B 4.1
grounds for C 10.3, 10B, G 2.1, 2.3, 2,3
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on warrants issued in Scotland C 1.11,
D 2.17
notification of C 3.10, 7.2, 7.4, Annex B,
Annex E (3), Annex F, G 2.2
statutory power of G 1.1-4.5, 1-6
Arrested persons
see also Detainees
cautioning of C 10.4, G 3.1, 3.3
interviewing C 11.1
rest periods C 12.2
right to information C 10.3, 10B
Arresting officers C 3.4, 10F, G 1.1-4.5,
1-6
Articles
concealed C Annex A (10)
unlawfully obtained or possessed A 2.1
used in causing criminal damage A 2.1,
Annex A (6)
Assaults on detainees, reports C 9.2
Assistance with documentation C 3.15,
16.4A, D 2.13, 2B
appropriate adults C 3.15, D 2.13
custody officers’ duties C 3.5, 3.15,
D 2.13
disabled persons C 3.15, D 2.13, 2B
Assisting offenders, power of arrest for
Gi
Asylum seekers, notification of arrest
C74
see also Immigration detainees
Audio recordings C 6.5, C 10E, 12A,
E1.1-6.4, 2A-6C, F 3.3
interviews after charging C 16.9
language difficulties C 13.3, 13.7, 13.9
made in custody area C 2.1
role of police staff E 1.7-1.10, 2.3
statements C 12A, E 3.5
Audio versions of notices of entitlement
C 3B
Authorised persons B 2.9, 2.11, 3B, 8.1,
8.2
Available, definition D 3.4
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Bail, persons answering C 2.1A, 2.1,
3.20, 4.1, 15B(a), 16B
Bedding, in cells C 8.3, 8A
Bilateral agreements, notification of
arrest C 7.2, Annex F
Bladed articles see Dangerous
instruments
Blankets, in cells C 8.3
Blind persons C 1.6, 3.15, D 2.5, 2.13,
2B
see also Disabled persons; Visually
impaired persons
Blood samples see Intimate samples
Body orifices see Intimate searches
Body samples D 1.4, 1.7, 2.17, 4B,
6.1-12, 6A-E, Annex F
see also Intimate samples; Speculative
searches
Terrorism Act 2000 D 2.17, 2C, 6C
Breach of peace C 15B(d)
Breaking seals, master audio recordings
E 6.2-4, 6A-C
Breaks see Interview breaks; Rest periods
Breath samples C 3D, D 2.17
Broadcasting see Publicity
Broken recording equipment E 4/
Cameras see Visual recording equipment
Care and treatment of detainees C 8.2,
9.1-17, 9A-H
Cautions C 3.2, 10.1-13, 10A-G, 12.5,
12.14, 12A, G 3.1-7
see also Notification of arrest; Warnings,
wording of appropriate adults present
C 10.12, Annex E (7)
audio recordings of interviews E 4.5, 4.14
charging C 16.2, 16.3, 16.4, 16.5
delays in notification of arrest or access to
legal advice C Annex B (b)
detention without charge C 12.5
explanation of G 5
interviews C 10.8, 10.13, 11.1A, 11.3,
11.4, 16.5
juveniles C 10.12, 11.15
mentally disordered/mentally vulnerable
persons C 10.12, Annex E (7)
persons not under arrest C 3.16, 10.2,
10C, 10F-G, G 3.2, 4
restriction on adverse inferences from
silence C Annex C, Annex D (2, 3, 7, 8)
searches of premises B 6.12
suspects in identification parades
D Annex B (6)
terms of C 10.5-9, 10D, G 3.5, 5
visual recording of interviews F 3A, 4.1,
4.5, 4.14, 4D
written statements C Annex D
Cells C 8.1-3, 8.8, 8.11-12, 8A, 9A,
Annex E (13)
Certificates of destruction
fingerprints and samples D Annex F (3(c))
photographs D 5.23
Certified recording media F 2.3, 2B,
4.11, 4A
breakage F 4F
changing F 4.11
removal F 4.12, 4.16
Changing audio recording media E 4.11
Charging detainees C 16.1-10, 16A-C,
Annex E (11)
Chief Constable
duties C 13.1, F 6.3
Child protection, criteria for arrest G 2.9
Civil actions F 6D
Class A drugs C Annex A (2(a)),
Annex K (1)
Cleaning, cells C 8.2
Clothing
see also Distinctive clothing; Removal of
clothing; Replacement clothing
group identifications D Annex C (40-1)
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identification parades D Annex B (5)
interviews C 8.5
retention by detainees C 3A, 4.2
video identifications D Annex A (6)
Codes of Practice C 17B, D 2.22
application C 1.10
availability A (Gen.), C 1.2, F 1.1, G 1.5
recording requirements C 11.7
right to consult C 3.1, 3D,
Commonwealth citizensC 3.3, 3A, 7.1-5,
7A, Annex B (B2), D Annex F (5(a))
Community liaison officers, consultation
with B 3.5
Compensation, searches of premises
B 6.7, 6A
Complaints C 9.2, 9.15, 12.9, E 4.9,
4E-F, F 4.9, 4B, 6D
Computers
see also Electronic forms of information
custody records C 2.6
destruction of data D 2.16, Annex F (3(c))
Concealing offences, power of arrest for
GI
Conditions of detention C 8.1-12, 8A-B
Conflicts of interest, legal representatives
COE
Confrontations D 3.24, 3.26-28,
Annex D
Consular officers, visits to detainees
C 7.3-4
Controlled drugs C 9.5B
see also Class A drugs; Misuse of Drugs
Act 1971
administration C 9.10
detainees under influence of C 9.3, 9C,
15B(f)
searches of persons A 2.6, 2.26, 2.27, 3.3,
Annex C, C Annex A (2(b), 2A, 2B)
Copies
audio recordings E 4.4(e), 4.19
custody records C 2.4A, G 4.3-4
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definition D 2.16
fingerprints and samples D Annex F (3(a),
5(a))
photographs and images D 5.15, 5.22-24,
Annex B (23), Annex C (42-43)
seized property B 7E
stop and search records A 27
Copying, material found during searches
of premises B 7.5, 7.11, 7.15, 7.17, 7H
County Court Judge B 3.4, 3.6
Court Orders C 3.9
Crime (Sentences) Act 1997 C 15B(c)
Criminal damage A Annex A (6)
Criminal Evidence (Northern Ireland)
Order 1988
adverse inferences from silence C 11.4A,
Annex C (1), F 4.2
cautions C 10.10-11, 10F-G, G 4
Criminal Justice Act 1988
searches of persons A 2.26-28
Criminal Justice and Police Act 2001
examination or copying of documents
B7.5
inextricably linked material B 7H
retention of property B 7H
seize and sift powers B 7.7-13
seizure powers B 3.6, 7.1, 7.2-3
Criminal Justice and Public Order Act
1994
identification procedures D 2.17
persons arrested on warrants issued in
Scotland C 1.11
Criminal Justice (Confiscation) (Northern
Ireland) Order 1990
interviews C 11.6
Criminal Justice (International
Co-Operation) Act 1990 B 2.6
Criminal Law Act (Northern Ireland)
1967 GI
Criminal Procedure and Investigations
Act 1996 B 7G, C 11B
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Custody officers’ duties C 1.1A, 1.9,
1.14, TH-I, 2.1A, 2.3, 3.1, 3.4-5,
3.16-17, 3.20, FIA
see also Custody records
access to legal advice C 6.4, 6B
arrested persons G 4.2
assistance with documentation C 3.5,
3.10, D 2.13
audio recording of interviews E 1.8, 3.3,
3.5, 4.15, 4E
authorisation of detention C 16.7, 16B,
Annex E (3)
charging C 16.1, 16.7, 16.10, 16A,
communicating with detainees C 3.7
complaints C 9.2, 9.15, 12.9, F 4.9
controlled drugs C 9.5B, 9.10, 9C
decisions not to visually record interviews
F33
detainees’ fitness to be interviewed C
Annex G
detainees’ meals C 8.6, 8A
detainees’ property C 4.1-5, 4A-C
detainees with infectious diseases C 9.7
disabled persons C 3.7, 3.15, 13.10,
D 2.13
identification procedures D 2.21, 3.17-21
interpreters C 3.7, 13.10
interviews C 11.6, 12.1, 12.3, 12.10
intimate searches C Annex A (7)
juveniles C 3.8-10, 3C, 8.8, 8.11, 16.7,
16.10, 16B-C
medical treatment of detainees C 9.4-17,
9A-H, 12.3, Annex E (5-6)
mentally disordered/mentally vulnerable
persons C 1G, 9.5, Annex E (3, 5)
notices to suspects D 3.17-21
questioning detainees C 3.4
special groups of detainees C 3.7-15
visits to detainees C 5.4, 5B, 9C
X-ray and ultrasound scan procedures.
C Annex K (2)
Custody records C 2.1-7, 2A, 3.2, 3.18,
G43
access by appropriate adults C 2.4, 2.4A,
2.5
access by solicitors/legal representative
C 2.4, 2.4A, 2.5
accuracy C 2.3
bail, persons answering C 3.20
delays C 1.1A, 7H, Annex B (4, 6)
detainees’ comments C 3.4
detainees’ fitness to be interviewed
C Annex G (7)
detainees’ property C 4B, 4C
detainees’ signatures C 2.7, 3.2, 3.5, 3.15,
Annex B (4, 8)
identification of persons D 2.11
interviews C 6.12, 12.10-11
intimate searches C Annex A (7)
medical treatment and advice C 9.9,
9.15-17, 9B, 9G-H
of letters and phone calls C 5.8
officer’s identity concealed F 2.5
reason(s) for arrest C 3.4
reviews of detention C 15.5, 15.8C, 15.9
right to legal advice C 6.4, 6.12, 6.13-14,
15.4, 15.11, Annex A (2B), D 6.3
searches of detainees C 4A, Annex A (12)
signatories to C 2.6, 2.7, 3.2, 3.5
X-rays and ultrasound scans C Annex K (5)
Customs and Excise C /0F
Dangerous instruments
see also Offensive weapons; Prohibited
articles
searches of persons A 2.1, 2.12, 2.13-14,
2.26, 2.27,
Dating/timing of recording media F 2.3, 2B
Deaf persons C 1.6
see also Disabled persons
interpreters C 3.7, 11.18, 12.3, 13.1,
13.5-7, 13.10, D 2.14, F 4.7
interviews C 11.18, 12.3, 13.5-7, E 4.7,
4B-C, F 4.7
questioning D 2.14
restraints C 8.2
searching A 3.11
Decryption B 7.8A
Dental impressions D 6.1, 6.4
see also Intimate samples
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Designated persons B 2.11-13, C 1.13,
1.15, E 1.8
definitions C 1.12, D 2.19, E 1.6
forcible entry to premises D 2.20, E 1.6
identification procedures D 2.22
use of reasonable force C 1.13
Destruction
body samples D 6.10, Annex F
computer data D 2.16, Annex F (3(c))
documentation of D 6.10
fingerprints D 4.7, 4.13, Annex F
footwear impressions D 4.19,
Annex F (1-3)
photographs and images D 5.22-24,
Annex A (15-16), Annex E (10)
Detainees C 1.1, 1.2, 1.4-11, 1A, 3.1-6,
D43
see also Care and treatment of detainees;
Custody records; Detainees’ rights;
Injured detainees; Interviewees;
Interviews; Intoxicated persons;
Juveniles; Mentally disordered/
mentally vulnerable persons
access to codes of practice C 1.2
assessment C 3.11, 9.6, 9B, 9D,
Annex E (5-6)
charging C 16.1-10, 16A-C,
Annex E (11)
custody officers’ duties C 9C,
Annex G
custody records C 2.1A-2.7
declining legal advice C 6.4, 6.4A,
6.12
delays in processing C 1H, 5.2, 5.6,
6E
enquiries about C 5.5
examination to establish identity
D5.1-18
exercise for C 8.7
fitness to be interviewed C 12.3,
Annex G, F 3B
infectious diseases C 9.7
information provision about C 5.5,
5.8, 5D
243
244
2007 Edition
informing other person of arrest
C 3.1, 3.5, 5.1, 5D,
intimate samples D 6.2
legal representative not present
C65
medical treatment of C 3.5
non-intimate samples D 6.6
normal procedure for C 3.1-6
observation list C Annex H
photographs D 3.31-34, 5.12-24, 5D
questioning A 2.9-10, 2, C 10.8
release C 1.1, 15B
rest periods C 12.1, 12B
restraints C 8.2, 8.12
reviews and extensions of detention
€15.1-15, 15A-G, Annex E (10)
risk assessments C Annex E (£2-3)
searches of premises occupied or
controlled by B 4.3
searches at police stations C 3D,
4.1, 4A, Annex A
special groups C 3.7-15
transfer of C 2.3, 4.1
visits to C 5B, 9.3, 9C
visual recording of F 1.3, 3.1-6,
3A-F, 4.1-19, 4A-F
X-rays and ultrasound scans
C Annex K
Detainees’ property C 4.1-5, 4A-C
Detainees’ rights C 7/, 2.5, 3.1, 3.3, 3.5,
3.8, 3.14-15, 3D, 5.1-8, 5A-E
see also Legal advice; Privacy
Detention C 3.1
see also Arrest; Cells; Detainees;
Notification of arrest
after charge C 15F, 16.7, 16B
appropriate adults present C 3.12
authorisation C 1.9A, 1.11, 15B(e), 16.7,
16B, Annex E (3)
conditions of C 8.1-12, BA-B
Crime (Sentences) Act 1997 C 15B(c)
duration of A 1.2, 3.3, 5,C 1.1, 14.1, 14A
foreign nationals C Annex F
grounds for C 3.4, 3.18, 3.20, 10.3
grounds for suspicion A 2.9-11, 3
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Immigration Acts C 1.11
maximum period C 15.2A
persons not under arrest C 3.16-17
reviews and extensions C 15.1-15, 15A-
G, Annex E (10)
stop and search A 1.2, 3.3, 6
warrants C 15.15
Detention without charge C 12.5, 15.2,
15.5
Detention without warrant C 1.11,
D412
Dietary advice C 8.6
Disabled persons
see also Deaf persons; Speech-impaired
persons
assistance with documentation C 3.15,
D 2.13, 2B
identification procedures D 2.5
treatment as C 1.6
Discrimination A 1.1, 2.2
Diseases C 9.7
see also Sick persons
Disguises A 2.15, 3.5, 4
see also Face coverings
Distinctive clothing A 2.6, 9
DNA samples see Body samples
Documentation
see also Assistance with documentation;
Audio recordings; Custody records;
Images; Interview records; Notice of
Powers and Rights; Notices to suspects;
Recording of encounters;
Search registers
arrests G 4.1-5
bail, persons answering C 3.20
body samples D 6.10-12
breaking seals of master audio recordings
E64
cautions C 10.13, G 4.1
charging detainees C 16.3, 16.8-10,
Annex E (11)
complaints C 9.2, 9.15, 12.9
conditions of detention C 8.10-12
confrontations D 3.26-28, Annex D (7)
delays, notification of arrest or access to
legal advice C Annex B (8-9)
detainees’ property C 4.4-5, 4B-C
detention of juveniles after charging
C 16.10
detention procedure C 3.19, 15.5
examinations to establish identity
D 5.17-18
fingerprinting D 4.2, 4.7
footwear impressions D 4.20-1
force used B 8.1
given to detainees C 3.2
grounds for detention C 3.4, 3.18
group identifications D 3.26-28,
Annex C (12, 13, 31, 42-4)
help with checking C 3.5, 3.15
identification by witnesses D 3.1, 3.2, 3E,
Annex E (2)
identification of persons D 2.10-11,
3.26-28
identification parades D 3.26-28,
Annex B (1, 12, 23-8)
interpreters C 13.11
interview before receiving legal advice
C65
interviews C 11.20, E 3.3, 3.5, 4.6, 4.8,
4C, 5.1
intimate samples D 6.2
intimate searches C Annex A (2(b), 5, 7-8)
legal representative not presentC 6.5, 6.14
letters and telephone calls C 5.8
medical treatment and advice C 3.5, 9.9,
9.15-17, 9B, 9G-H
non-intimate samples D 6.5, 6.6
non-UK citizens C 7.5
refusal of identification procedures
D3.15
refusal to answer questions C 10.11
requests for legal advice C 6.13-14
reviews and extensions of detention
C 15.5, 15.9, 15.11-15
risk assessments C Annex G (7)
samples D 6.2, 6.5, 6.6, 6.10-12
search warrants B 3.6
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searches of persons A 3.10, 4.1-10, 15-18
authorisations A 2.14, 2.17-18,
2.20, 14
monitoring use of powers 17
to establish identity D 5.8, 5.17
searches of premises B 2.8, 6.15
action after B 8.1-3
authorisation B 4.3
consent to search B 5.1, 5A-B
witnesses B 6.11, 8.1
searches of vehicles A 4.3, 4.5, 4.8-10, 16
seized property B 7.12-13, 7.16,
8.1, 8.2
examination B 7.8A, 7.11
refusal of access B 7.17
special groups of detainees C 3.19
strip searches C Annex A (11(c), 12)
video identifications D 3.26-28,
Annex A (2B, 4, 7, 9, 14, 17-18)
visually recorded interviews F 4.8, 5.1
waiving of right to legal advice C 6.4, I!
X-rays and ultrasound scans
C Annex K (1, 5)
Documents found B 7.5, 7.7, 7.8A, 7.15,
7.17
Drinks C 3A, 8.6
Driving offences D 2.17
Drug-affected persons C 9.3, 9B, 9C,
11.18, 12.3
see also Intoxicated persons
Drug-dependent persons C 9B
Drugs see Class A Drugs; Controlled
drugs;
Drug testing; Medication
Drunk persons see Intoxicated persons
Dumb persons D 2.5
see also Disabled persons;
Speech-impaired persons
E-fit images D 3.3
Education, places of A 2.26, 2.27,
C 11.16, 17D
Electronic fingerprinting D 4.5
245
246
2007 Edition
Electronic forms of information B 7.6
see also Computers
Endorsement, search warrants B 8.2
Entitlements see Letters; Notice of
entitlements; Rights; Telephone calls;
Visits; Writing materials
Entry
multiple occasions B 6.3A
with consent B 5.1-4, 5A-C, 8.1
without consent B 6.4-6
without warrant B 2A, 4.1-3, 6.3B, 8.1
Equipment failures, recordings E 4.15, 41,
F3.3
Ethnic background see Discrimination;
Self-defined ethnic background
European languages see Foreign
languages
Evidence C 9G, 10.1, 10.11, 10E, 11.1,
11.4, 11.6, 12.5, Annex B (1), F 6.1
appropriate adults C 1£
Criteria for arrest G 2.9
reliability C 17C, Annex E (£2-3),
Annex G
Excluded material B 3.6, 7.9B, 7.10
Exclusions
appropriate adults C 1B, 1F
legal representatives from interviews
C 6.8-11, 6C-D
Exercise C 3A, 8.7
Exhibits F 4.19
Extensions of detention see Reviews and
extensions of detention
Face coverings, removal A 2.15-18, 4, 10,
D 5.13, 5.14
Films D 2.16, 3.29-30, Annex A (8, 14),
Annex B (3, 21), Annex C (11-12),
Annex D (2), F 6.5
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Fingerprinting C 1.11, D 4.1-11,
Annex F (F7)
Criminal Justice and Public Order Act
1994 D 2.17
criteria for arrest G 2.9
detention without warrant for D 4.12
immigrants D 4.10-15, Annex F (5)
Immigration Acts D 2.17, 4.11
information provision D 4.7, 4.13
reasonable force D 4.6, 4.14
Fingerprints
see also Speculative searches
definition D 4.1
identification by D 1.3, 1.7, 4.1-15, 4A-B
Immigration and Asylum Act 1999 C 1.11
retention or destruction D 4.7, 4.13,
Annex F
taking without consent C 3D, D 4.3
Fitness to be interviewed C 12.3,
Annex G, F3B
Fixed Penalty Notices D 5.12, G 2.4
Food see Meals
Footwear impressions C 3D, D 1.3A,
4.16-21, 4B, Annex F, G 2.9
Footwear removal A 3.5, 3.6, 7
Force
designated persons B 2.12, C 1.13,
D 2.20
confrontation by witnesses D Annex D (3)
documenting use of B 8.1
entry to premises D 2.20
fingerprinting D 4.6, 4.14
footwear impressions D 4.18, 4.20
persons not detained D 5.21
searches of persons A 3.2, D 5.9
searches of premises B 1.4, 6.6, 6.10, 6C
taking photographs D 5.9, 5.14, 5.18, 5F
taking samples C 12.2, D 6.7, 6.10
unnecessary or unreasonable alleged
C92
Foreign languages C 3B, 6.2, 6F, 13.2-4
see also Interpreters; Language difficulties
Foreign nationals C 3.3, 3A, 7.1-5, 7A,
Annex B (B2), Annex F
see also Immigration detainees
Forensic Medical Officers
see also Registered medical practitioners
care and treatment of detainees C 8.6,
9.1-16, 9C, 9F Annex E (5-6), Annex H
detainees’ fitness for interview C 12.3,
Annex G
risk assessment of detainees C 3.5A, 3.5D,
9.13
X-rays and ultrasound scans of detainees
C Annex K (4, K1)
Grounds for arrest C 10.3, 10B, G 2.1,
2.3, 3.3, 3
Grounds for detention C 3.4, 3.18
Grounds for suspicion A 2.1, 2.2-11,
2.28, 3,C€ 10.1, 10A, G 2
conduct of searches on A 3.3
distinctive clothing or other identification
A 2.6, 9
information to be given before searching
A3.8
powers of arrest and G 2.3
Terrorism Act 2000 A 2.2, 2.3, 2.8, 2.24
Group identifications D 3.9-10, 3.16,
3.22, Annex C
documentation D 3.26-28,
Annex C (12, 13, 31, 42-44)
in prisons D Annex B (5)
notices to suspects D 3.17-21
photographs D Annex C (8-9, 17, 42-43),
Annex E (6, 8-9)
Hair samples D 6.1, 6A
see also Non-intimate samples
Hair styles and colours see Identifying
marks
Handicapped persons see Disabled
persons
Headgear, removal A 3.5, 4, 7-8, D 5.13,
5.14, 5F
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Health see Medical treatment and advice;
Sick persons
Highway obstruction, criteria for arrest
G29
Human Rights Act 1998 B 1.3, G 1.2
Identification
interview recording media E 4.11
persons C 10.1, D 5.1-24, F 2D
by body samples D 1.4, 1.7, 2.17, 6.1-12,
6A-E
by fingerprints D 1.3, 1.7, 4.1-15, 4A-B
by impressions D 1.4, 1.7
by witnesses D 1.2, 3.1-34, 3A-F,
Annex E (2)
documentation D 2.10-11, 3.26-28
photographs D 1.5, 1.7, 3.3, 5B-E,
Annex B (14, 23-24), Annex E (6, 8-9)
Identification officers’ duties D 3.11, 3B
group identifications D Annex C
notices to suspects D 3.17-21
selecting identification procedures
D 3.14-16, 3.21, 3.23
video identifications D 3.5, Annex A
Identification parades D 1.2, 3.7-8,
Annex B
documentation D 3.26-28,
Annex B (1, 12, 23-28)
notices to suspects D 3.17-21
photographs D Annex B (14, 23-24),
Annex E (6, 8-9)
Identification procedures
see also Confrontations; Fingerprinting;
Group identifications; Identification
parades; Photographs; Samples; Video
identifications
appropriate adults D 2.12, 2.15, 2A, 3.15
arranging D 3.11
circumstances requiring D 3.12-13
conduct of D 3.11
consent D 2.12, 2A, 3.17, 3.18, 3.28
Criminal Justice and Public Order Act
1994 D 2.17
custody officers’ duties D 2.21, 3.17-21
designated persons D 2.22
247
2007 Edition
identification officers’ duties D 3.14-16,
3.22, 3.23
images D 3.17, 3.21-22, 3.25, 3D
information provision D 3.17-21, 3.25,
3.27
legal representatives’ representations
D3.15
multiple witnesses D 3.2
notices to suspects D 3.17-21
officer in charge of the investigation
D 3.11, 3.13, 3.21, 3B, 3E
police staff D 2.1, 2.12-2.22, 3.2, 3.11
prison inmates D Annex A (6),
Annex B (4-5, 27)
selecting D 3.14-16
use of visually recorded interviews F 2D
Identifying marks
in identification parades D Annex B (10, 19)
persons not detained D 5.21
photographs D 1.6, 5.1, 5.4-7, 5.21-24, 5B
consent to D 5.4, 5.9, 5D
reasonable force D 5.9, 5.18
video identification D Annex A (2A - B)
Illegal entrants see Immigration detainees
lInesses C 9.7
see also Sick persons
Images
see also Films; Photographs; Video
identifications; Video recordings
copies of D 5.15, Annex B (23),
Annex C (42-3)
destruction of D Annex A (15-16),
Annex E (10)
group identifications D Annex C (42-43)
identification parades D Annex B (23)
identification procedures D 3.17, 3.21-22,
3.25, 3D
seized property B 7E
showing to witnesses D 3.3
Imaging B 7.5, 7.11, 7.15, 7H
Immigration Act 1971 B 2A, D 2.17,
4.11
Immigration and Asylum Act 1999 B 2A,
C 1.11, D 2.17, 4.11-12
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Immigration detainees C 15B(e),
D 4.10-15, Annex F (5)
see also Asylum seekers; Foreign nationals
Immigration officers
authorisation of detention C 1.11, 15B(e)
fingerprinting powers D 4.11-12
search registers B 9A
searches of premises B 2A
Impressions, identification by D 1.4, 1.7,
2.17, 2D
see also Dental impressions; Skin
impressions
Improper treatment of detainees C 9.2
Independent custody visitors C 1F, F 6.5
Inextricably linked material B 7H
Information
see also Cautions; Documentation;
Warnings, wording of
applications for search warrants B 3.1,
3.2-3, 3A
electronic forms of B 7.6
for detainees C 1.8
reasonable suspicion A 2.4-6
Injured detainees C 9B
Injury prevention, criteria for arrest G 2.9
Insufficient samples D 6.2, 6.6, 6B(a)
Intelligence see Information
Interpreters C 13.1-11
see also Translations
audio recordings of interviews E 4C
conduct of searches A 3.11
confrontations D Annex D (4)
custody officers’ duties C 3.5, 3.7, 13.10
deaf persons C 3.7, 11.18, 12.3, 13.1,
13.5-7, D 2.14, F 4.7
determining need for C 3.5
evidence of C 13.3
group identifications D Annex C (14)
identification parades D Annex B (8)
language difficulties C 3.7, 11.18, 12.3,
13.1, D 2.14, E4C
letters and telephone calls C 5A
speech difficulties D 2.14
Interview breaks
audio recording of interviews E 4.12-14,
4H
cautioning after C 10.8
delays C 12.8, 12.12, 12B
duration C 12B
interview records C 11.7
meals and refreshments C 12.8, 12B
summarising reasons for C 10E
visually recorded interviews F 4.8, 4D, 4£
Interview records C 11.7-14, 12.10-12,
G45
after charging C 16.9
cautions C 10.13
complaints C 12.9
during charging C 16.4, 16.4A
interpreters C 13.3, 13.4, 13.7, 13.9,
13.11
interview before receiving legal advice
C65
juveniles C 11.15, 11.20, 16.4A
legal advice C 6.4, 6.13-14, 11.2
mentally disordered/mentally vulnerable
persons C 11.15, 11.20, 16.4A
reading and signing C 11.11, 11.12,
11.13, 11.14, 17E, 13.3, 16.4A,
Annex E (8)
timing and signing C 11.19, 11.14
Interview rooms C 12.4, 12.11, E 3.3,
3.5, F 2.2, 3.3, 4.11
Interviewees
see also Interviews; Meals; Rest periods
information provision C 11.1A, 11.5
reading and signing interview records
C 11.11, 11.12, 17£, 13.3
reading and signing statements C 12A,
13.4, Annex D (4, 7, 11-12)
Interviewers’ responsibilities C 11.2,
11.5, 17B, 12.7, 13.2, 13.3, 13.7, 16.9
Interviews C 11.1A-20, 17A-E, 12.1-14,
12A-B, 15.6, F 1.5
see also Audio recordings; Interview
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records; Questioning; Statements;
Visually recorded interviews
adequate clothing, detainees C 3A, 8.5
after charging C 16.5, 16.9
appropriate adults at C 11.15-18, 17C,
12.2, 12.3, 13.6, Annex E (8-9)
at police stations C 12.1-12.14, 12A-B
before receiving legal advice C 6.5-6, 6A,
6K, F 4.5
cautions C 10.13, 11.1A, 11.3, 12.5, 16.5
consent to C 12.5
deaf persons C 11.18, 12.3, 13.4-7, E 4.6,
4.7, 4B-C
delays C 11.1, 11.2, 11.16
documentation C 11.20, E 3.3, 3.5, 4.6,
4.8, 4C, 5.1
fitness for C Annex G, F 3B
in hospital C 14.2, 14A
in transit C 14.1
juveniles C 11.15-18, 77C, 12.3, 13.6
legal representatives at C 6.6-12, 6C, 12.2
medical treatment and advice C 9.13,
14.2, 14A
mentally disordered/mentally vulnerable
persons C 11.15-18, 77C, 12.3, 16.4A,
Annex E (8-9, E2)
persons not under arrest C /0F, 12.2
questioning by custody officers C 3.4
refusal to answer questions C 10.9-11
reminders of right to legal advice C 11.2,
16.4, 16.5
searches of premises B 6.12A
stopping C 6.6, 6.9, 11.1, 11.6, 11.18
Intimate samples C 3D D 2.17, 6.1,
6.2-4, 6.8, see also Body samples
Intimate searches A 3.7, 6, C 4.1,
Annex A (1-8, 11(f), A1-5), D 5.11
see also Removal of clothing
appropriate adults at C Annex A (5),
Annex E (12)
by medical practitioners and nurses.
C Annex A (3, 3A, 4, 6, 8, AT, A3)
by police officers C Annex A (3, 6, 8, A4-5)
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Intoxicated persons Known and available suspects D 3.4-21
assessment C 9.5B, 9B Known but not available suspects
interviews C 11.18, 12.3 D 3.22-25, 3D
photographing D 5D(a), 5E(a) Language difficulties
supervision C 9.3 audibly recorded interviews C 13.3, 13.7
Investigations conduct of searches A 3.11
criteria for arrest G 2.9 interpreters C 3.7, 11.18, 12.3, 13.1,
. sae 13.10, D 2.14, F 4.7
Irish citizens C 3.3, 7.1, 7A interview records C 13.3
Juveniles statements C 13.4, 13.7
see also Appropriate adults visually recorded interviews F 4.7
access to legal advice C 6.4A, Languages see Foreign languages
Annex B (B71) .
assistance with documentation C 3.20 Law Society € 6.10
cautions C 10.12, 11.15 Lay Magistrates B 1.2, 2A, 3.4a, 3.6,
chavping Ce 16.3, 16.4A, 16.6-7, Legal advice
custody officers’ duties C 3.8-10, 3C, 8.8, appropriate adult’s role C 3.14, 1E,
8.10, 16.7, 16.10, 16B-C Annex E (4, £7)
detention C 8.8, 8.11, 9A, 11D, 15.2A, change of mind by detainee € 6.5, 6G,
15.3C, 16.7, 16.10, 16B Annex C (1{a))
footwear impressions D 4.17 confidentiality C 6H, 7.3
identification procedures D 2.4, 2.12, delayed access to C 6.4, 6.5, 6A,
2.15, 2A, 3.17, 3.22 Annex B, Annex C (1(a))
identifying marks D 5D(c) interviews before receiving C 6.5-6, 6A,
in care of local authority C 3.8, 3C, 16.7, 6G, F 4.5 an eo.
16.10, 16C persons refusing identification procedures
D3.15
in care of voluntary organisationsC 3.8, 3C
interview records C 11.15, 11.20, 16.4A
interviews C 11.15-18, 77C, 12.3, 13.6
requests for C 3.14, 6.4, 6.13-14,
Annex C (1(a), C7)
right to C 7/, 3.1, 3.2, 3.5, 6.1-14, 6A-I,
intimate searches C Annex A (5) 11.2, 12.14, 15.4, Annex A (2B),
notification of arrest C Annex B (B1) Annex K (3) D 3.17
notifying responsible officers C 3.14 Commonwealth citizens and foreign
person responsible for welfare of C 3.8, nationals C 7.3
3C, 11.16 during charging C 16.4
photographs D 5D(c), 5E(d) interpreters C 13.9
refusal of legal advice C 6.4A persons not under arrest C 1A, 3.16-17,
removal of clothing D 6.9 10C
rights C 3.8 waiving C 11, 6.4, 6.12
statements C 11.15, 16.4A Legal privilege
strip searches C Annex A (11(b-c)) appropriate adults C 1
supervision C 9A items subject to B 3.6, 7.2, 7.9B, 7.10
treatment as C 1.5 .
Legal representatives
Knives see Offensive weapons . .
' ee O Pr see also Legal advice; Non-accredited, gal
Known, definition D 3.4 representatives; Solicitors
250
appropriate adults C 1£-1F
choice of C 6B
conflicts of interest C 6£
confrontations D Annex D (4, 6)
custody records C 2.4, 2.4A, 2.5, 6.13
exclusion from interviews C 6.9-11, 6C-D
group identifications D Annex C (3, 13-
14, 35)
identification by witnesses D 3.1, 3.17,
Annex A (8), Annex B (3), Annex C(11),
Annex D (2)
identification parades D Annex B (8, 10,
12, 20, 23)
identification procedures D 3.15
interviews C 6.7-11, 6C, 12.2
photographs D 3.30, Annex A (8),
Annex B (3, 23), Annex C (11-12, 42-43)
reviews and extensions of detention
C 15.3, 15.11
role C 6C
video identifications D Annex A (7-9)
video recordings D Annex B (23),
Annex C (42-43)
viewing broadcast or published material
D 3.30, Annex A (8), Annex B (3),
Annex C (11-12)
Letters C 5.6-8, 5A
Linked material see Inextricably linked
material
Local authorities
juveniles’ consent to identification
procedures D 2A
responsibility for juveniles C 3.8, 3C,
16.7, 16.10, 16C
Local police/community liaison officers,
consultation with B 3.5
Locations
see also Interview rooms; Police stations
confrontations D Annex D (6)
detention for stop and search A 1.2, 6
group identifications D Annex C (3-7, 37-39)
identification parades D Annex B (2, 5)
interviews C 11.1, 11.2, 11.7, 11.16
intimate searches C Annex A (4)
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searches under Misuse of Drugs Act 1971
A6
visits to, for identification by witnesses
D 3.2
X-ray and ultrasound scan procedures.
C Annex K (4)
Magistrates’ courts C 15.2, 15D
Master audio recordings E 2.1-3, 2A-B,
4.18, 4G, 6.2-4, 6A-C
Master copies, visually recorded media
F 2.4, 2C, 4.18, 4A, 4F, 5.1
security of F 6.1-7, 6A-E
Mattresses, in cells C 8.3, 8A
Meals C 3A, 8.6, 8.10, 8A-B, 12.8, 12B
Medical treatment and advice C 3.5,
3.5A, 3.5D, 3A, 8.6, 9.1-17, 9A-H,
12.3, 15.3C,
Annex H
see also Forensic Medical Officers
delay in arrival of medical practitioner
C96
delay of rest periods C 12.2
mentally disordered/mentally vulnerable
persons C 3.11, 9.5, Annex E (5-6)
questioning detainees in hospital C 14.2,
14A
Medication, required by detainees
C 9.9-12, 9.17
Mental disorder, definition C 1G
Mental Health (Northern Ireland) Order
1986 C 1.10, 7G, 3.11, 4.1, 9.6, 9D,
Annex E (5, 6)
Mentally disordered/mentally vulnerable
persons C Annex E
see also Appropriate adults
access to legal advice C Annex B (B1),
Annex E (4, E71)
assessment C 3.11, Annex E (5-6)
assistance with documentation C 3.15
cautions C 10.12, Annex E (7)
charging C 16.1, 16.3, 16.4A, 16.6, 16B,
Annex E (11)
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252
2007 Edition
clinical treatment C 3.11, 9.5,
Annex E (5-6)
detention C 3.10, 8.2, 15.2A, 15.3C,
Annex E (3)
identification procedures D 2.3, 2.12, 2A,
3.17
interviews C 11.15-18, 7 1C, 12.3, 16.4A,
Annex E (8-9, £2)
intimate searches C Annex A (5),
Annex E (12)
notification of arrest C 3.10, Annex B (B1)
removal of clothing D 6.9
restraint of C Annex E (13)
statements C 11.15, 16.4A
strip searches C Annex A (11 (b-c)),
Annex E (12)
supervision C 9A
treatment as C 1.4, 1G, Annex E (1)
Mentally vulnerable, definition C 1G
Messages C 5.5-8
Minority languages C 3B, 6.2, 6F
Misuse of Drugs Act 1971 A 2.26,
2.27-28, 6
Misuse of Drugs Regulations 1985
C9.10
Moving groups, group identifications
D Annex C (19-24)
Moving images D 2.16, 3.5, 3.17
Multiple entries B 6.3A
Multiple suspects D Annex B (9, 11),
Annex C (20, 26, 36)
Multiple witnesses D 3.2, Annex B (13,
16), Annex D (5), Annex E (3, 8)
Nail samples see Non-intimate samples
Name and address ascertainment,
criteria for arrest G 2.9
Necessity criteria, power of arrestG 2.4-9
Non-intimate samples D 6.1, 6.5-9
consent to taking of C 3D, D 6.5-6
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Northern Ireland Criminal Records.
(Recordable Offences) Regulations
1989 D 4A
Note Book B 2.8, C 1.16, D 2.11, E 1.9,
F147
arrests G 4.1
cautions C 10.13
identification procedures D 3.2(e)
interview records C 10.13, 11.7, E 5.1,
F51
searches of premises B 4.3
Notice of entitlements C 3.2, 3A, 3B
Notice of Intended Prosecution C 16A
Notice of Powers and Rights B 4.3, 5.1,
5A-B, 6.7-8, 8.1, 8.2
Notices to suspects D 3.17-21, F 4.4(e),
4.19
Notification of arrest C 3.10, 7.2, 7.4,
Annex B, Annex E (3), Annex F, G 2.2
see also Cautions
Nurses see Intimate samples; Intimate
searches; Medical treatment and advice
Observation list C Annex H
Occupiers, Notice of Powers and Rights
B 6.7-8, 8.1, 8.2
Offensive weapons
see also Dangerous instruments;
Prohibited articles
reasonable suspicion A 2.7
searches of persons A 2.1, 2.12-14,
2.26-27, 10-13
Officer in charge of the search B 2.10, 2B
action after searches B 8.1-3
conduct of searches B 6.14-15
consultation with local police/community
liaison officer B 3.5
documentation to be requested by B 6.15
seized property B 7.9-11
Officers
see also Arresting officers; Chief Officers’
duties; Community support officers;
Custody officers’ duties; Identification
officers’ duties; Responsible officers;
Review officers; Senior officers
administration of controlled drugs C 9.10
as witnesses D 3A
authorisation of taking of samples D 6.6
availability of codes of practice C 1.2
detainee’s right to legal advice C 6.3
identity of C 2.6A, 16.4, F 2.5
in charge of investigations C 11.6, 16.1,
F 6.6
in identification parades D Annex B (11)
in video identifications D Annex A (6)
intimate searches by C Annex A (3, 6, 8,
A4-5)
not in uniform A 3.9, B 6.5(i)
protection of F 2.5, 2E
reporting information C 9.4
strip searches by C Annex A (11)
writing of statements under caution
C Annex D (6-12)
X-ray and ultrasound scan procedures:
C Annex K (2, 3)
Oppression, use of C 11.5
Order of persons, identification parades
D Annex B (13)
Orders requiring explanations of material
B3.4
Owners, seized property B 7.16-17
Paramedics D 6.4
Penalty notices G 2.4
Personal details A 4.2-3
Personal effects C 4.2-3
Persons accompanying officers B 2.9,
2.11, 3B, 8.1, 8.2
Persons not detained A 7, C Annex C
(C1), 10C, D 5.19-24, 6.2, 6.3,
Persons not under arrest
cautions C 3.16, 10.2, 10C, 10F-G, G 3.2, 4
detention C 3.16-17
right to legal advice C 1A, 3.16-17, 10C
treatment C 1A
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Photographing, definition D 2.16
Photographs
see also Images
arrest criteria G 2.9
authorisation D 5.17
broadcasting D 3.28-29, Annex A (8, 14),
Annex B (3, 21), Annex C (11-12),
Annex D (2)
consent to D 5.4, 5.9, 5D
Criminal Justice and Public Order Act
1994 D 2.17
definition D 2.16
destruction D 3.31-34, 5.22-24,
Annex E (10)
detainees D 3.31-34, 5.12-24, 5E
documentation of D 5.17-18,
Annex E (11-12)
documents found B 7.5, 7.17
group identifications D Annex C (8-9, 17,
42-3), Annex E (6, 8-9)
cation of persons D 1.5, 1.7,
3.3, 5B-E, Annex B (14, 23-4),
Annex E (6, 8-9)
identifying marks D 1.6, 5.1, 5.4-7,
5.21-24, 5B
Immigration Act 1971 D 2.17
juveniles D 5D(c), 5E(d)
legal representatives entitlements D 3.30,
Annex A (8), Annex B (3, 23), Annex C
(11, 13, 42-3)
notice to suspects D 3.17
officers taking D 5.17
persons not detained D 5.21-24
reasonable force D 5.9, 5.14, 5.18, 5F
removal of headgear and face coverings
D 5.13, 5.14, 5F
retention D 5.6, 5.12A, 5.16, 5.22, 5B,
Annex E (10)
showing to public D 3.29-30, Annex A (8)
showing to witnesses D 3.3, Annex E
video identifications D 3.5,
Annex A (10, 13), Annex E (6, 8-9)
Physical exercise C 3A, 8.7
Physical features see Identifying marks
Pillows, in cells C 8.3, 8A
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254
2007 Edition
Places see Locations
Pointed articles see Dangerous
instruments
Police National Computer, checking
C3.5A
Police (Northern Ireland) Act 2003
C 1.12
Police officers see Officers
Police (Property) Act 1897 B 7A, B 2.11,
Police staff C 1.15
audio recording E 1.7, 1.8
care of detainees C 9.4
codes of practice A (Gen.), D 2.1, 2.22,
C1.2,C 1.14, 1.15
identification procedures D 2.11, 2.12-22,
3.2, 3.11, Annex B (17), Annex E (1)
identity of C 2.6A, D 2.18, E 2.3
official note books C 1.16, D 2.11, E 1.9
warnings before intimate searches
C Annex A (2B)
written statements C Annex D (6-12)
X-ray and ultrasound scan procedures
C Annex K (2, 3)
Police stations
see also Locations
as places of safety C 1.10
attendance of appropriate adults C 3.10,
3.12, Annex E (3, E17)
custody records of detainees C 2.1A-2.7, 2A
for lodgement of prisoners C 4.1
interviews at C 11.1, 11.2, 11.7, 11.18,
12.1-14, 12A-B
normal procedure for detainees C 3.1-6
persons voluntarily attending C 1A, 2.1A,
2.1, 3.1, 3.16 — 3.17
searching of detainees C 3D, Annex A (4)
taking of fingerprints at D 4.3
transfer between C 5.3
Political refugees, notification of arrest
C74
see also Immigration detainees
Posters, advertising right to legal advice
C 6.2, 6F
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Premises
definition B 2.3
forcible entry D 2.20
securing B 6.13
seizure of B 7B
see also Entry; Search warrants
Prison custody C 4.1
Prison inmates, identification procedures
D Annex A (6), Annex B (4-5, 27),
Annex C (40-1)
see also Convicted prisoners
Prisons, group or video identifications in
D Annex B (5)
Privacy
health matters C 9F
legal advice in C 6H, 7.3, Annex B (3),
Annex E (E1)
searches of premises B 1.3, 6.10
visits to detainees by consular officials
C73
Proceeds of Crime Act 2002
C Annex B (2)
Production orders B 3.4, 3.7
Prohibited articles A 2.6, 2.9-10
see also Dangerous instruments;
Offensive weapons
Property see Detainees’ property; Seizure
of property
Property offences, criteria for arrestG 2.9
Protection of children and vulnerable,
criteria for arrest G 2.9
Pubic hair samples see Intimate samples
Public decency, criteria for arrest G 2.9
Public Order (Northern Ireland) Order
1987
authorisation for searches A 2.13-14,
10-13, 17
removal of clothing A 3.5
removal of face coverings A 2.15-18
stop and search powers A 2.1, 2.12-14
Public Prosecutions Service F 6.2, 6C
Publicity D 3.29-30, Annex A (8, 14),
Annex B (3, 21), Annex C (11-12),
Annex D (2)
Questioning
see also Interview breaks; Interviews
authorisation C 1.9A, 1)
by custody officers C 3.4
cautioning before C 10.1, G 3.1
deaf people D 2.14
detainees A 2.9-10, 2, C 15.6
during reviews and extensions of
detention C 15.6
during searches of premises B 6.12
establishing identity C 10.1
finishing C 11.6
in hospital C 14.2, 14A
in transit C 14.1
juveniles and mentally disordered/
mentally vulnerable persons D 2.14
notification of grounds for detention
before C 3.4
persons not detained A 7
persons with language or speech
difficulties D 2.14
refusal to answer C 1, 10.9-11, 10C,
12.5, G 3.7
special restrictions C 14.1-2, 14A
standing during C 12.6
Racial discrimination see Discrimination
Reading difficulties C 1.6, D 2.5
assistance with documentation C 3.15,
11.11, 16.4A, D 2.13, 2B
statements C Annex D (12)
Reasonable force see Force
Reasonable grounds for suspicion see
Grounds for suspicion
Recordable offences D 4A
Recording and sealing, master audio
recordings E 2.1-3, 2A-B, 4.18, 41
Recording media
definition E 1.6
identification E 4.11
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interview breaks E 4.12A-13
interview commencement E 4.3
removing from recorder E 4.11, 4.12A, 4.16
security E 5.2, 6.1-4, 6A-C
Records see Documentation
Refreshment breaks C 12.8, 12B
Refugees see Political refugees
Registered medical practitioners C 3.16,
Annex A (3, 3A, 4, 8, AT, A3),
Annex E (6), Annex K (4, K7)
Religious beliefs A 2.2, 4, 8, C 8.6, D 5F
Removal of clothing C 8.5
see also Face coverings; Headgear;
Intimate searches; Strip searches
during searches A 3.5-7, 4, 6-8, C 4.1,
Annex A (9-12), D 5.10
when taking samples D 6.9
Removal of recording media from
recorder E 4.11, 4.12A, 4.16
Replacement clothing C 8.5, 8.10
Republic of Ireland's citizens C 3.3, 7.1
Rest periods C 12.2, 12B, 15.7, 15C
Restraints C 8.2, 8.12, Annex E (13)
Retention
clothing C 4.2
documents B 7.5
fingerprints D 4.7, Annex F
footwear impressions D Annex F (4, F1(c))
photographs and images D 5.6, 5.12A,
5.16, 5.22, 5B, Annex A (15-16),
Annex E (10)
property B 7.14-16, 7G, 7H
samples D 6.8, Annex F
Review officers C 15.1, 15.3C, 15.4,
15.8, 15.8A, 15.8C, 15.9, 15.10
15.11, 15.13, 15A
Reviews and extensions of detention
C 15.1-15, 15A-G, Annex E (10)
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2007 Edition
Rights
see also Legal advice; Privacy
denial of C 5.6
detainees C 1/, 2.5, 3.1-5, 3.8, 3.13, 3D,
5.1-8, 5A-E
non-UK citizens C 7.1-5, 7A
not to be held incommunicado C 5.1-8,
5SA-E
owners of seized property B 7.16-17
Risk assessments C 3.5A -3.5E, 9.3
fitness for interview C 9.13, Annex E (8),
Annex G
intimate searches C Annex A (1, 3A, AT),
Annex E (12)
medical advice C 9.13
Road obstruction, criteria for arrest G 2.9
Road Traffic NI Order 1995 C 10.9,
11.1A, 3D, D 2.17, 4A, G 3.7
Road Traffic Offenders NI Order 1996
C 16B, D 5.12
Saliva samples see Non-intimate samples
Samples D 6.1-12, 6A-E
see also Body samples; Breath samples;
Intimate samples; Non-intimate
samples; Sufficient/suitable samples
criteria for arrest G 2.9
destruction D Annex F
Scars see Identifying marks
School premises A 2.26, 2.27
Scotland, arrest warrants issued in
C 1.11, D 2.17
Scottish police force officers C 1.12,
D 2.17
Sealing master audio recordings E 2.1-3,
2A-B, 4.18, 4G
Search registers B 9.1, 9A
Search warrants
action after searches B 8.1, 8.2-3
applications for B 3.1-8, 3A-B
endorsement B 8.2
immigration officers B 2A
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issue B 1.2, 2A
outwith Northern Ireland B 2.6
under Criminal Justice (International
Co-Operation) Act 1990 B 2.6
Police and Criminal Evidence NI Order
1989 B 1.2, 2A
return of B 8.3
Terrorism Act 2000 B 2A, 3.4, 3.7
Searches of detainees C 3D, 4.1, 4A
Searches of persons
see also Intimate searches; Non-intimate
searches; Removal of clothing; Stop
and search; Strip searches
cautioning before questioning C 10.1,
G31
conduct of A 3.1-11, 6,€ 10.1
controlled drugs A 2.6, 2.26, 2.27, 3.3,
C Annex A (2(b), 2A, 2B)
criteria for arrest G 2.9
dangerous instruments A 2.1, 2.12-14,
2.26, 2.27
entering sports grounds A 1.5
found during search of premises A 2.1,
2.26-28
offensive weapons A 2.1, 2.12-14, 2.26-7,
10-13
reasonable force A 3.2, D 5.9
Terrorism Act 2000 A 2.19-25, 3.5, 7-8,
12, 14, 17
to establish identity D 1.6, 5.1-11, 5.16-21
Searches of premises
see also Entry
action after B 8.1-3
authorisation B 2.7
cautioning during B 6.12
compensation B 6.7, 6A
conduct of B 1.4, 6.9-12, 6.15, 6B, 7.7
controlled drugs B 2C
copying or imaging material found B 7.5,
7.11, 7.15, 7.17, 7H
criteria for arrest G 2.9
damage caused during B 8.1
decryption of documents found B 7.8A
Human Rights Act 1998 B 1.3
information given before searching B 6.5,
6.7-8
information given before seeking consent
B5.2
information in electronic forms found
B7.6
interviews during B 6.12A
multiple occasions B 6.3A
occupied or controlled by detainees B 4.3
Police and Criminal Evidence NI Order
1989 B 6.14-15
questioning during B 6.12
reasonable force B 1.4, 6.6, 6.10, 6C
retention of material found B 7G
right to privacy B 1.3, 6.10
securing premises after B 6.13
seizure of property B 3B
Terrorism Act 2000 B 6.14-15
time of B 6.1-3
witnesses B 6.11, 8.1
Searches of vehicles see Vehicles
Searches without warrant see Entry,
without warrant
Seize and sift powers B 6.3, 7.1, 7.7-13,
7C-D
Seizure of premises B 7B
Seizure of property B 3.6, 3B, 7.1-17,
7A-H
documentation B 7.12-13, 7.16, 8.1, 8.2
Self-administration, controlled drugs
C910
Semen samples see Intimate samples
Semi-conscious detainees, supervision
C 9.3, 9H
Senior officers C 1.9A
see also Chief Constable
authorisation for searches C Annex A
(2, 3, 3A, A7-5)
authorisation for X-rays and ultrasound
scans C Annex K (1)
complaints C 9.2
detainees’ letters and telephone calls
C5.6
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detainees’ right to legal advice C 6.7, 6G,
Annex B (1)
interviews with vulnerable suspects
C 11.18, Annex E (£3)
named in custody record C 2.2
notification of arrest C Annex B (1)
removal of solicitors C 6.9-10
review and extension of detention C 15.2,
15A, 15B, 15E, Annex E (10)
staff protection C 2A
Terrorism Act 2000 C 15.8
Sick persons C 1.8, 3.5, 9.12, 11.18,
12.3, Annex G
Sign language F 3.1(d)
Signatures C 3.15, 4.4, 5.8, Annex B (9),
F 4.18
custody records C 3.5, Annex B (4)
interview records C 11.9, 11.11, 11.12,
11.13, 11.15, 16.9
refusal to sign C 2.7, 3.2, 5.8, 11.11,
11.14, 17E, 16.9, Annex D (12), F 4.18
written statements C 16.9, Annex D
(4, 7,9, 11)
Significant statements see Statements
Silences
adverse inference C 6.5, 10.1, 10.5, 10.6,
10.9-11, 10C, 11.4A, 16.2, Annex B (B)
Annex C, F 4.1
explanations to detainees C Annex C
(3, C2)
significant C 11.3, 11.4, 11A, E 4.6, F 4.6
Skin impressions D 2.17, 6.1, 6.6
see also Non-intimate samples
Social workers C 3.11, Annex E (6)
Solicitors C 1F, 2.4, 3.1, 3.14, 3.15,
15.3, F4.5
see also Legal advice; Legal
representatives
at interviews C 6.7-10
choice of C 6B
communication with C 3.16, 5.7, 6.1, 6.4
conduct of 6.8-10
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2007 Edition
confidentiality C 6H, Annex B (3),
Annex E (E71)
conflicts of interest C 6£
definitions of C 6.11, D 2.6, E 1.5, F 1.5
delayed access to C 6.5, 6A, Annex B
detainees not allowed to consult C 6.5,
Annex C (1(a), C2)
duty C 6.1, 6.5, 6.10, 6B, Annex C (1(a))
interpreters C 13.9
juveniles C 6.4A
removal of C 6.9-10, 6D
representatives of C 12A
Special procedure material B 3.6, 7.9B,
7.10
Special warnings F 4.2
Specimens of breath see Breath samples
Speculative searches D 4.19, 4.21, 4B,
6.8, 6.12, 6£, Annex F
Speech-impaired persons C 1.6, D 2.5,
2.14, F 3.1(d)
see also Disabled persons; Language
difficulties
Statements
see also Written statements
appropriate adults C 1E
audio recording C 12A, E 3.6
confirmation in interviews C 11.3, 11A, 11E
criteria for arrest G 2.9
juveniles and mentally disordered/
mentally
vulnerable persons C 11.15, 16.4A
not in English C 13.4
persons with reading difficulties C Annex
D (12)
reading and signing C 13.4, Annex D (4,
7, 11-12), Annex E (8)
significant C 11.3, 11.4, 11A, 11E, E 4.6,
F46
under caution C 12.13-14, 12A
visually recording F 3.5, 3D, 4.18
Stationary groups, group identifications
D Annex C (25-29)
Still images see Photographs
258
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Stolen goods A 2.6
Stop and search
see also Searches of persons
conduct of A 3.1-11
powers A 2.1-28, 10-13, Annex A
detention of persons A 1.2, 3.3, 6, C 1.11
racial discrimination A 1.1, 2.26
principles A 1.1-5
Street bail see bail
Strip searches C 4.1, Annex A (9-12),
Annex E (12)
see also Removal of clothing
Sufficient/suitable samples D 6.2, 6.6, 6B
Supervision C 9.3, 9.15, 9C, 9F, 9H
see also Observation list
detainees under restraint C 8.12
juveniles and mentally disordered/mentally
vulnerable persons C 9A
medical advice C 9.13-14, 9F
self-administration of controlled drugs
C910
Suspects
see also Detainees; Grounds for
suspicion; Identification procedures
identity unknown D 3.2-3
information for C 11.6
known and available D 3.4-21
known but not available D 3.22-25, 3D
notice to D 3.17
refusal to answer questions C 10.1, F 4.6
significant silences and statements C 11.3,
11.4, 11A
Swabs see intimate samples; non-
intimate samples
Tape recordings see Audio recordings
Tapes see Recording media
Tattoos see Identifying marks
Telephone calls C 5.6-8, 5A, 5D-E
access to legal advice C 6.4, 6H, F 4.5
authorising interview before legal advice
C 6G
authorising self-administration of
controlled drugs C 9.10
reviews and extensions of detention
C 15.3B, 15.3C, 15.8-10, 15.13, 15F
Terms of cautions C 10.5-9, 10D, 16.2,
Annex C
Terrorism Act 2000 C 1.12
access to legal advice C 6H
audio recording of interviews E 3.2
body samples D 2.17, 6C
cautioning G 3.1
conditions of detention C 8A
identification procedures D 2.17 letters
and telephone calls C 5.6
photographs D 2.17
questioning detainees C 10.1
reasonable grounds for suspicion A 2.2,
2.3, 2.8, 2.24
search warrants B 3.4, 3.7
searches of persons A 2.19-24, 3.5, 7-8,
12, 14,17
searches of premises B 6.14-15
stop and search powers A (Gen.), 2.1, 2.8,
2.19-25
visually recording interviews F 2.5(a), 3.2,
3E
Timing/dating of recording media F 2.3, 2B
Toilets, access of detainees to C 3A, 8.4
Translations C 3B, 6.3, 6F, 13.4
see also Interpreters
Transport and Works Act 1992 C 3D,
11.1A
Treatment see Medical treatment and
advice
Ultrasound scans C Annex K
Unattended vehicles A 4.8-10
Uniforms, officers not wearing A 3.9,
B 6.5(i)
Unlawful articles see Prohibited articles
Unnecessary or unreasonable force C 9.2
Unsuitable samples D 6.2, 6.6, 6B(b)
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Unusual physical features see Identifying
marks
Urine samples see Intimate samples.
Vagrancy Act 1824 D 4A
Vehicles
establishing ownership C 10.1
searches A 3.8-11, 4.3, 4.5, 4.8-10, 16
seizure of B 7B
stop and search powers A 2.19
Video cameras, in custody area C 3.6
Video conferencing C 15.3C, 15.8-8C,
15F, 15G
Video identifications D 1.2, 3.5-6, 3.14,
3.17-20, 3.26-28, Annex A
in prisons D Annex B (5)
photographs D Annex A (13),
Annex E (6, 8-9)
prison inmates D Annex A (6),
Annex B (4-5)
Video recordings C 2.1, D Annex B
(2, 23-4), Annex C (8-9, 42-3)
Visits C 5.4, 5B, 7.3-4, C 9.3, 9.14, 9C
see also Supervision
Visual recording
see also Visually recorded interviews;
Certified recording media
definition F 1.6
master copies F 2.4, 4.18, 4A, 4F,
6.1-6.7, 6A-E
openness F 2.1, 2A, 3.6, 4.3, 4.11
stopping F 3E, 4.12
working copies F 2.4
Visual recording equipment F 2.2, 2A,
F 3.6
failure of F 3.3, 4.15
Visually impaired persons C 1.6, 3.15,
D 2.5, 2.13, 2B
see also Blind persons; Disabled persons
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Visually recorded interviews C 13.3, Weapons see Offensive weapons
13.7, 13.9, 16.9, F 3.1-6, 3A-F, 5
41.19, 4A-G, 51-2 Welsh language C 3B, 6.2, 6F
at police discretion F 3A Witnesses
authorising officer F 3F see also Confrontations; Group
breaks F 4.8, 4.12-14, 4D, 4E identifications; Identification parades;
cautioning F 4.1, 4.5, 4.14, 4D Video identifications
destruction of fingerprints and samples
D Annex F (3(b))
examination of seized property B 7.8,
commencement F 4.3-6
conclusion F 4.17-19
criteria for F 3.1 7.12, 7D
documentation F 4.8, 4.9, 4.19 identification by D 1.2, 3.1-34, 3A-F,
date and time F 2B, 4.4(d), 4.12, 4.13, Annex E (2)
4.17, 6.7
explanation to suspect F 4.4
identification of parties F 4.4(b-c)
identification uses D 3D, F 2D
police officers as D 3A
searches of premises B 6.11, 8.1
showing photographs to D 3.3, Annex E
in court F 3E, 4D, 4E Working copies
information not connected with offence audio recordings E 2.2, 2A, 6A
F 4.10 visual recordings F 2.4
non-recording of interviews F 3.3 Writing materials C 5.6
objections to F 4.8, 4G
refusal of interviewee F 3.3
Voice identification parades D 1.2
see also Letters
Written advice from solicitor C 6.1
Written consent
footwear impressions D 4.16
intimate searches C Annex A (2(b), 7)
Voluntary attendance at police stations
C IA, 2.1A, 2.1, 12.2, F 3.4
Voluntary organisations C 3.18, 3C, 5C, X-rays and ultrasound scans C Annex K (1)
D2A Written notices see Documentation
Vulnerable people, protection, criteria writen records € 10.1, 11.7-14
. Written statements C 11.15, 12.13-14,
Vulnerable suspects see Disabled 12A, 16.4, Annex C (1(b)), Annex D,
persons; Juveniles; Mentally Annex E (8)
disordered/mentally vulnerable see also Statements
persons X-rays C Annex K
Warnings, wording of
refusal of intimate search C Annex A (2B,
A6)
refusal of X-ray or ultrasound scan
C Annex K (K2)
see also Cautions
Warrants see Entry, without warrant;
Search warrants
Washing facilities, access to C 3A, 8.4
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The codes contained in this booklet have been issued by the Secretary of State for
Northern Ireland under the Police and Criminal Evidence (Northern Ireland) Order
1989 and laid before Parliament.
The codes cover contacts between the police and the public in the exercise of police
to stop and search, to arrest and to search premises and with the treatment,
questioning and identification of suspects and the recording of interviews. They.
regulate police powers and procedures in the investigation of crime and set down
safeguards and protections for members of the public. Together they provide a clear
statement of the rights of the individual and the powers of the police.
Copies ofthe codes must be readily available in all! police. stations for consultation by
police officers, detained persons and their representatives and members of the public.
ISBN978-0-337~08870-4
9°78
www.tso.co 0337"088704