Codes of practice – Code C Detention, treatment and questioning of persons by police officers
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15C 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 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.
15CA In paragraph 15.3(b) and (c), ‘available’ includes being contactable in time to enable them
to make representations remotely by telephone or other electronic means or in person by
attending the station. Reasonable efforts should therefore be made to give the solicitor and
appropriate adult sufficient notice of the time the decision is expected to be made so that
they can make themselves available.
15D An application to a Magistrates’ Court under PACE, sections 43 or 44 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 to the justices should be
given notice and informed of this possibility, while the court is sitting if possible.
15E In paragraph 15.2, the officer responsible for the station holding the detainee includes a
superintendent or above who, in accordance with their force 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.
15F The provisions of PACE, section 40A 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 PACE, section 42 must be done in person.
15G Video conferencing facilities means any facilities (whether a live television link or other
facilities) by means of which the review can be carried out with the review officer, the
detainee concerned and the detainee’s solicitor all being able to both see and to hear each
other. The use of video conferencing facilities for decisions about detention under section
45A of PACE is subject to regulations made by the Secretary of State being in force.
16 Charging detained persons
(a) Action
16.1 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
Notes 11B and 16A. 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 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.
Note: Paragraph 1.5A requires someone to fulfil the role of the appropriate adult to be
present when the action applies to a 17-year-old detainee.
See Notes 16B and 16C.
16.1A Where guidance issued by the Director of Public Prosecutions under PACE, section 37A is
in force the custody officer must comply with that Guidance in deciding how to act in dealing
with the detainee. See Notes 16AA and 16AB.