The custody record is required by Section 2 of PACE Code C, the code of practice mandated by the Police and Criminal Evidence Act 1984 [ PACE 1984 ]. The whole thing is intended to prevent police torturing prisoners at the station. It is no help before you get there. As a prisoner you are entitled to be given a copy of PACE Code C to read.
As a prisoner one is entitled to a copy of the Record when you are released into the community. Ask for it; Nay, demand it then complain loudly about any inaccuracies.
Custody records 2.1A
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 must be
brought before the custody officer as soon as practicable after their arrival at
the station or if applicable, following their 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.
2.1 A separate custody record must be opened as soon
as practicable for each person brought to a police station under arrest or
arrested at the station having gone there voluntarily or attending a police
station in answer to street bail. All information recorded under this Code must
be recorded as soon as practicable in the custody record unless otherwise
specified. Any audio or video recording made in the custody area is not part of
the custody record.
2.2 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.
2.3 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.
2.3A If a person is arrested and taken to a police station as a result of a search in the exercise of any stop and search power to which PACE Code A (Stop and search) or the ‘search powers code’ issued under TACT applies, the officer carrying out the search is responsible for ensuring that the record of that stop and search, is made as part of the person’s custody record. The custody officer must then ensure that the person is asked if they want a copy of the search record and if they do, that they are given a copy as soon as practicable. The person’s entitlement to a copy of the search record which is made as part of their custody record is in addition to, and does not affect, their entitlement to a copy of their custody record or any other provisions of section 2 (Custody records) of this Code. (See Code A paragraph 4.2B and the TACT search powers code paragraph 5.3.5).
2.4 A solicitor or appropriate adult must be permitted to inspect a detainee’s 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.
2.4A 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.
2.5 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.
2.6 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.
2.6A Nothing in this Code requires the identity of officers or other police
staff to be recorded or disclosed:
(a) Not used
(b) 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 warrant or other identification
numbers and the name of their police station.
See Note 2A. 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(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.
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 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 free 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:
• a written 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.
3.3 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
3.4 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,
subject to paragraph 1.8, that officer must record the grounds for detention in
the detainee’s presence and at the same time, inform them of the grounds. The
detainee must be informed of the grounds for their detention 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
3.5 The custody officer or other custody staff as directed by the custody
officer shall: (a) ask the detainee, whether at this time, they:
(i) would like
legal advice, see paragraph 6.5; THE RIGHT ANSWER IS YES
(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 attention, see section 9;
(ii)
requires: • an appropriate adult; • help to check documentation; • an
interpreter.
(d) record the decision in respect of (c). Where any duties under
this paragraph have been carried out by custody staff at the direction of the
custody officer, the outcomes shall, as soon as practicable, be reported to the
custody officer who retains overall responsibility for the detainee’s care and
treatment and ensuring that it complies with this Code. See Note 3F.
3.6 When
these needs are determined, 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
an appropriate healthcare professional, see paragraph 9.13. Reasons for delaying
the initiation or completion of the assessment must be recorded.
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.
3.8 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 Note 3E and paragraph 9.14...........