1. Rights of Detained Persons
When you arrive at the police station the custody officer must tell the detained person, in your presence, that they have the following rights;
(a) The right to have someone informed of their arrest.
(b) The right to consult privately with a solicitor and the fact that independent legal a dvice is available
(c) The right to consult the Codes of Practice setting out the powers, responsibilities and procedures of the police.
These are continuing rights that may be exercised at any stage during the person’s period in custody.
The custody officer must also give the detained person a written notice of these basic rights, together with an additional notice of their other entitlements such as reasonable standards of physical comfort, adequate food and drink, access to toilet and washing facilities, clothing, medical attention, and exercise where practicable. That notice of entitlements should also mention the circumstances in which an appropriate adult should be available to the detained person.
2. Your Rights as an Appropriate Adult
You have the right to;
(a) be told why the detained person is being held.
(b) speak to the detained person in private at any time.
(c) inspect the custody record of the detained person upon your arrival at the police station (where practicable) and at any time during their detention.
(d) see copies of the notices and entitlements referred to above.
(e) see a copy of the Codes of Practice setting out the powers, responsibilities and procedures of the police.
(f) intervene in an interview if you feel it necessary and in the interests of the detained person to help them communicate effectively with the police. You should not, however, answer questions on behalf of the detainee, or attempt to lead their answers.
(g) ask for a break in any interview, either to seek legal advice or consult with the detained person (particularly if the interview is a lengthy one, or if the detained person is distressed or ill).
You are entitled to be present during any procedure requiring information to be given by, or sought from, the detained person. As well as when any form of consent is sought from the detained person, or they are asked to agree and/or sign any documentation.
In particular, you are entitled to be present:
(a) When the custody officer informs the detained person of their rights and entitlements.
(b) When the detained person is cautioned.
(c) During any interview with the detained person at a police station.
(d) When the detained person is charged.
(e) Subject to strictly limited exceptions (see AA3), during any search of the detained person involving the removal of more than outer clothing.
(f) When the need to keep the person in detention is reviewed.
(g) During any form of identification procedure such as a video identification.
(h) During any process involving the fingerprinting or photographing of the detained person, or when a sample is taken from them.
You are not entitled to be present during private legal consultations between the detainee and their legal representative.
3. Searching
Everybody entering Custody is liable to be searched in order to ascertain whether or not they have anything with them which can be used to;
(a) Cause physical injury to himself or others
(b) damage property
(c) interfere with evidence
(d) assist in an escape
Any items retained by the Custody Staff will be returned when that person leaves custody unless it has been retained as evidence of an offence.
4. Legal Advice
You should consider whether legal advice from a solicitor is required. You should normally speak to the detained person in private before deciding whether legal advice should be requested.
The detained person can speak to a solicitor at the police station at any time. They can speak to the solicitor privately either on the telephone or at the police station.
Even if you decide that a solicitor is not necessary when you first arrive at the police station, you can change your mind about that at any time.
Even if the detained person says that they do not want legal advice you have the right to ask for a solicitor if you feel that would be in their best interests. While a solicitor can be called to the police station, the detained person cannot be forced to see them if they are adamant they do not wish to do so.
If you, or the detained person, request a solicitor you should tell the custody officer at once.
5. Interviewing
One of the main reasons for detaining a person at a police station is to ask them questions. The police should only ask the detained person questions in your presence, and before questioning begins the detained person should be cautioned 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’.
Your main role is to ensure that in any interview that follows; the detained person understands the questions that are being asked and that the police do not ask questions in a way which is confusing, repetitive or oppressive.
Almost all interviews are audio recorded. There is a procedure for recording. In an interview you should not feel that you have to remain silent. You are entitled to intervene at any stage.
You should always make sure that when questions are being asked, the detained person understands them and the police understand the reply.
If you are unhappy about the way in which the interview is being conducted, you are entitled to ask for the interview to be stopped so that legal advice can be taken from a solicitor.
Any queries or complaints about the conduct of the interview should be made to the custody officer in the first instance.
6. Samples and Identification
In the course of the police enquiry they may well ask the person for their fingerprints, photographs, the giving of DNA samples or the taking of intimate or non-intimate samples. The rules for sample taking are complex and you and the detained person may wish to take legal advice before agreeing to any of these requests by the police.
Similarly, the police may ask the detained person to agree to take part in a video identification or other identification procedure that could include an identification parade, in a group or through a confrontation.
These too can be complex and you and the detained person may wish to take legal advice before consenting or refusing to take part in any of these procedures if asked to do so by police.
7. How Long can a Person be Detained?
The custody officer should ensure that police enquiries are conducted as quickly as possible and that detained persons are released as soon as the need for detention has ceased to apply. A person may be detained for up to 24 hours without charge, having had their detention reviewed by the review officer. A person in police detention for an ‘indictable offence’ can only be detained for longer than 24 hours on the authority of a Superintendent or a court. If the police suggest that they wish to detain a person for longer than 24 hours then the detained person should take advice from a solicitor.
Detaining a juvenile or a 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 protecting the interests of a juvenile or mentally vulnerable person; and
(d) the alternatives to police custody.
8. What Happens Next?
At the end of a police investigation the custody officer will consult with the officer in charge of the case before deciding whether to release the detained person from custody without charge, release them from custody to come back to the police station on another day (police bail), or charge them. If the person is charged the custody officer will consult with the officer in charge of the case to decide whether to keep them in custody to appear before the next available court or release them with or without bail to appear at court on a future date.
You should be present at the time when the detained person is told of this decision and, if the person is charged with an offence, when the charge is read to them. If the detained person is to be charged or cautioned, the police may want to take photographs, fingerprints and perhaps a DNA swab from the mouth and/or a sample of body hair. You will need to be present for all of these procedures.
9. People You May Meet at the Police Station
Custody Officer - The custody officer (usually a Sergeant) is the person responsible for the welfare of people in custody. The custody officer is not involved in the investigation of the offence therefore if you have any concerns regarding the welfare of the person you are there to assist, you should bring these to the attention of the custody officer.
Officer in Charge of the Case - This is the officer responsible for investigating the crime that is suspected. They would usually conduct interviews with the detained person and should not question the detained person except in your presence.
Review Officer - Usually an Inspector rank or above who is not directly involved in the investigation. Under normal circumstances a person’s detention is reviewed not later than 6 hours after they first arrive at the police station and if they are detained longer, it will be reviewed at intervals of not more than 9 hours after the first review. It is the review officer’s job to ensure that the reasons for detention still exist and the case is being dealt with expeditiously. The detained person, the appropriate adult, or a solicitor, can make representations to the review officer about the continuing need for detention or any connected matter of concern.
Defence Lawyer - A defence lawyer is a solicitor or representative who is independent of the police, and whose job it is to protect and advance the legal rights of the detained person. They are required to act in the best interest of the detained person.
Civilian Detention Officer (CDO) – These are Police staff who work in custody and assist the custody officer in ensuring the welfare of detained persons. A CDO may take fingerprints, DNA and photographs. They can search detainees and escort them in the custody suite, for example to interview or to the medical room.
Health Care Professionals (HCPs) – If the custody officer decides the detained person needs to see a HCP they will arrange this. This may be a nurse or a Doctor.