In order to do this they may need to witness what is happening. 16.6 The provisions of paragraphs 16.2 to 16.5 must be complied with in the appropriate adults presence if they are already at the police station. Procedures under the Road Traffic Act 1988, section 7 or the Transport and Works Act 1992, section 31 do not constitute interviewing for the purpose of this Code. 1.2 This Code of Practice must be readily available at all police stations for consultation by: do not include the Notes for Guidance which form guidance to police officers and others about its application and interpretation. See Note 12A. 13.2 A If a person who is a juvenile or a vulnerable person is interviewed and the person acting as the appropriate adult does not appear to speak or understand English, arrangements must be made for an interpreter to assist communication between the person, the appropriate adult and the interviewer, unless the interview is urgent and paragraphs 11.1 or 11.18(c) apply. As soon as practicable after the person has been charged or reported. 2A. It is particularly important that directions concerning the frequency of visits are clear, precise and capable of being implemented. The interviewer is responsible for ensuring that that the signed copy and the original record made by the interpreter are retained with the case papers for use in evidence if required and must advise the interpreter of their obligation to keep the original record securely for that purpose.; For sub-paragraph (b), substitute: A clear legible copy of the complete statement shall be sent without delay via the live-link to the interviewer. 15I For the purpose of paragraphs 15.11D and 15.11E, the consent required from a parent or guardian may, for a juvenile in the care of a local authority or voluntary organisation, be given by that authority or organisation. 1. 5C 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. See Note 9D. When the reason for not transferring the juvenile is an imminent court appearance, details of the travelling and court appearance times which justify the decision should be included in the certificate. 15.15 Any written representations shall be retained. 17.8 Authorisation by an officer of the rank of inspector or above within paragraph 17.3(b) or 17.4(b) may be given orally or in writing but, if it is given orally, it must be confirmed in writing as soon as practicable. 13.9 C If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of language, hearing or speech difficulties, arrangements must be made for an interpreter to enable communication. 4. It is available here: https://www.gov.uk/government/publications/concordat-on-children-in-custody. Additional guidance in relation to amendments made to the Mental Health Act in 2017 are published at. makes, or directs the making of, reasonable efforts to ascertain the solicitors expected time of arrival and to inform the solicitor that the suspect has stated that they wish to change their mind and the reason (if given); (ii) the detainees reason for their change of mind (if given) and the outcome of the action in (i) are recorded in the custody record; (iii) the detainee, after being informed of the outcome of the action in (i) above, confirms in writing that they want the interview to proceed without speaking or further speaking to a solicitor or (as the case may be) without a solicitor being present and do not wish to wait for a solicitor by signing an entry to this effect in the custody record; (iv) an officer of inspector rank or above is satisfied that it is proper for the interview to proceed in these circumstances and: gives authority in writing for the interview to proceed and, if the authority is not recorded in the custody record, the officer must ensure that the custody record shows the date and time of the authority and where it is recorded, and. Whenever necessary, advice shall be sought from the appropriate healthcare professional, see Note 9A, on medical and dietary matters. Pack size: 2 x 1.36kg. that they can consult privately with the appropriate adult at any time. First, we take the time to verify each ingredient. See Note 8D. 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 detainees physical or mental state. 11F The appropriate adult may intervene if they consider it is necessary to help the suspect understand any question asked and to help the suspect to answer any question. Paragraph 6.1 applies if legal advice is required. 17.14 Force may not be used to take any sample for the purpose of drug testing. 6.8 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. must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are detained. See Note 17F. Brakes Vegetable Tikka Masala. See Note 6K. 3.7 Chief officers should ensure that arrangements for proper and effective risk assessments required by paragraph 3.6 are implemented in respect of all detainees at police stations in their area. and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also be given to the appropriate adult. 1.9 A 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 the Police and Criminal Evidence Act 1984 (PACE), section 107. (b) Each decision must take account of the age, gender and vulnerability of the suspect, the nature and circumstances of the offence and the investigation and the impact on the suspect of carrying out the interview by means of a live link. Any such consultation and its outcome shall be noted in the custody record. Such visits shall take place out of the hearing of a police officer. Brian kim, cpa clearvalue tax net worth. In the case of an intimate search, the following shall be recorded as soon as practicable in the detainees 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 detainees body were searched; (b) for searches under paragraph 2(a)(ii): 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). These meals come with a variety of items including a main meal, a dessert, accessories, drink mixes, sides, etc. 11C Although juveniles or vulnerable persons are often capable of providing reliable evidence, they may, without knowing or wishing to do so, be particularly prone in certain circumstances to providing information that may be unreliable, misleading or self- incriminating. 17.17 Under the provisions of Part 3 of the Drugs Act 2005, where a detainee has tested positive for a specified Class A drug under section 63B of PACE a police officer may, at any time before the persons release from the police station, impose a requirement on the detainee to attend an initial assessment of their drug misuse by a suitably qualified person and to remain for its duration. 12.9 A Amendments to PACE, section 39, allow a person in police detention to be interviewed using a live link (see paragraph 1.13(e)(i)) by a police officer who is not at the police station where the detainee is held. (c) hinder the recovery of property obtained in consequence of the commission of an offence. Detaining a juvenile or a vulnerable person for longer than 24 hours will be dependent on the circumstances of the case and with regard to the persons: (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. 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 PACE, section 41. Section 22 of the GRA defines any information relating to a persons application for a GRC or to a successful applicants gender before it became their acquired gender as protected information. 2. 3.10 Risk assessment is an ongoing process and assessments must always be subject to review if circumstances change. Ond gall niweidio eich amddiffyniad os na fyddwch chin sn, wrth gael eich holi, am rywbeth y byddwch chin dibynnu arno nes ymlaen yn y Llys. If no specific risks are identified by the assessment, that should be noted in the custody record. in response to a decision to keep them in detention or extend the maximum period of detention. The officer consulted will then decide if the interview should continue without the attendance of that appropriate adult. 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. 15.13 The grounds for, and extent of, any delay in conducting a review shall be recorded. 8.10 If a juvenile is placed in a cell, the reason must be recorded. It includes information required by EU Directive 2012/13 on the right to information in criminal proceedings. 1GA For the purposes of paragraph 1.4(a), examples of relevant information that may be. When an assessment under that Act is to take place at a police station (see paragraph 3.16) the custody officer must also ensure that in accordance with The Mental Health Act 1983 (Places of Safety) Regulations 2017, a health professional is present and available to the person throughout the period they are detained at the police station and that at the welfare of the detainee is checked by the health professional at least once every thirty minutes and any appropriate action for the care and treatment of the detainee taken. Yesterday is history. If an authorisation is given, the record shall state the number of hours and minutes by which the detention period is extended or further extended. 1.9 References to a custody officer include any police officer who, for the time being, is performing the functions of a custody officer. 3.22 If the other location mentioned in paragraph 3.21 is any place or premises for which the interviewer requires the informed consent of the suspect and/or occupier (if different) to remain, for example, the suspects home (see Note 3I), then the references that the person is not obliged to remain and that they may leave at will mean that the suspect and/or occupier (if different) may also withdraw their consent and require the interviewer to leave. 11.16 Juveniles may only be interviewed at their place of education in exceptional circumstances and only when the principal or their nominee agrees. (b) providing services under contractual arrangements (but without being employed by the chief officer the police force), to assist a police force in relation to the discharge of its chief officers functions. In making this decision, the officer must have regard to: (ii) the nature and seriousness of the offence; (iii) the requirements of the investigation, including its likely impact on both the suspect and any victim(s); (iv) the representations made by the suspect, their solicitor and (if applicable) the appropriate adult that a live-link should not be used (see sub-paragraph (b); (v) the impact on the investigation of making arrangements for the physical presence of the interviewer (see Note 12ZD); and, (vi) the risk if the interviewer is not physically present, evidence obtained using link interpretation might be excluded in subsequent criminal proceedings; and. Strip searches shall not be routinely carried out if there is no reason to consider that articles are concealed. See also paragraphs 11.4 and 11.13. 17.21 Where a notice is given in accordance with paragraph 17.19, a police officer can give the person a further notice in writing which informs the person of any change to the time or place at which the initial assessment is to take place and which repeats the warning referred to in paragraph 17.18(c). 10B An arrested person must be given sufficient information to enable them to understand that they have been deprived of their liberty and the reason they have been arrested, e.g. If this solicitor is not available, they may choose up to two alternatives. In particular, the officer must consider whether the grounds for believing an article may be concealed are reasonable. to have the appropriate adult present or (as the case may be) to have the necessary help to check documentation; and that the interview will be delayed until the presence of the appropriate adult or the necessary help, is secured. Note: This sub-paragraph also applies to any further offences and grounds for detention which come to light whilst the person is detained. 13.1ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other Code, to making arrangements for an interpreter to assist a suspect, mean making arrangements for the interpreter to be physically present in the same location as the suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow live- link interpretation to be used. This is published at https://www.gov.uk/government/publications/standard- crime-contract-2017 and the rules mean that a non-police interviewer who does not have their own statutory power of arrest would have to inform the suspect that they have a right to seek legal advice if they wish, but payment would be a matter for them to arrange with the solicitor. This warning may be given by a police officer or member of police staff. (b) C 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: (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. With effect from 3 April 2017, amendments made by the Policing and Crime Act 2017 require persons under the age of 18 to be treated as juveniles for the purposes of all other provisions of PACE and the Codes. Each decision must take account of the age, gender and vulnerability of the suspect, the nature and circumstances of the offence and the investigation and the impact on the suspect according to the particular purpose(s) for which the suspect requires the assistance of an interpreter and the time(s) when that assistance is required (see Note N1). The term includes, but is not limited to, transsexual people. B2 In the case of Commonwealth citizens and foreign nationals, see Note 7A. 13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the purposes of paragraphs 13.12(a) and (b), provides for accurate and secure communication with the suspect. Whether you're in the mood for the classic Italian taste of Prego or the signature southwest flavors of Pace, Ready Meals offer food that are convenient to prepare and tastes great. LIFE 1w + Heura Vegan Mediterranean Chicken Pieces 160g 160g. (ii) enable that information to be given to, sought from, or provided by, the suspect in accordance with the provisions of this or any other Code that apply to that information, as modified for the purposes of the live-link, by Part 2 of Annex N. 13.12 A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must enable compliance with the relevant provisions of the Codes C, E and F, means that the arrangements must provide for any written or electronic record of what the suspect says in their own language which is made by the interpreter, to be securely transmitted without delay so that the suspect can be invited to read, check and if appropriate, sign or otherwise confirm that the record is correct or make corrections to the record. apply when a detainee who has asked for legal advice is interviewed before speaking to a solicitor as in section 6, paragraph 6.6(a) or (b); not apply if the detained person declines to ask for the duty solicitor, see section 6, paragraphs 6.6(c) and (d). 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. You will see that it does not say anything about your defence being harmed.. 1B A person, including a parent or guardian, should not be an appropriate adult if they: received admissions prior to attending to act as the appropriate adult. In the case of a juvenile, nothing in paragraphs 15.11D and 15.11E require the parent, guardian or representative of a local authority or voluntary organisation to be present with the juvenile to give their consent, unless they are acting as the appropriate adult. 12.3 Before a detainee is interviewed, the custody officer, in consultation with the officer in charge of the investigation and appropriate healthcare professionals as necessary, shall assess whether the detainee is fit enough to be interviewed. This is to make sure the detainee is taken back to court no later than the end of the period authorised by the court or when the need for their detention by police ceases, whichever is the sooner. 9.3 B Each female detainee aged 18 or over shall be asked in private if possible and at the earliest opportunity, if they require or are likely to require any menstrual products whilst they are in custody. record the offence(s) that the detainee has been arrested for and the reason(s) for the arrest on the custody record.
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