12 Interviews in police stations

12.1 If a 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. An investigating officer who is given custody of a detainee takes over responsibility for the detainee’s care and safe custody for the purposes of this Code until they return the detainee to the custody officer when they must report the manner in which they complied with the Code whilst having custody of the detainee.

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; or

(iii) otherwise prejudice the outcome of the investigation;

(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; or

(ii) to 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 appropriate healthcare professionals 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 that their consent or agreement to be interviewed 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. If they refuse and the custody officer considers, on reasonable grounds, that the interview should not be delayed, the custody officer has discretion to direct that the interview be conducted in a cell.

12.6 People being questioned or making statements shall not be required to stand.

12.7 Before the interview commences each interviewer shall, subject to paragraph 2.6A, identify themselves and any other persons present to the interviewee.

12.8 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 refreshment 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; or

(iii) otherwise prejudice the outcome of the investigation. See Note 12B

12.9 If during the interview a complaint is made by or on behalf of the interviewee concerning the provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee may have been treated improperly, the interviewer should:

(i) record the matter in the interview record; and

(ii) inform the custody officer, who is then responsible for dealing with it as in section 9.

12.9A 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. Subject to sub-paragraphs (a) to (f) below, the custody officer is responsible for deciding on a case by case basis whether a detainee is fit to be interviewed (see paragraph 12.3) and should be delivered into the physical custody of an officer who is not involved in the investigation, for the purpose of enabling another officer who is investigating the offence for which the person is detained and who is not at the police station where the person is detained, to interview the detainee by means of a live link (see Note 12ZA).

(a) The custody officer must be satisfied that the live link to be used provides for accurate and secure communication with the suspect. The provisions of paragraph 13.13 shall apply to communications between the interviewing officer, the suspect and anyone else whose presence at the interview or, (as the case may be) whose access to any communications between the suspect and the interviewer, has been authorised by the custody officer or the interviewing officer.

(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. For this reason, the custody officer must consider whether the ability of the particular suspect, to communicate confidently and effectively for the purpose of the interview is likely to be adversely affected or otherwise undermined or limited if the interviewing officer is not physically present and a live-link is used (see Note 12ZB). Although a suspect for whom an appropriate adult is required may be more likely to be adversely affected as described, it is important to note that a person who does not require an appropriate adult may also be adversely impacted if interviewed by means of a live link.

(c) If the custody officer is satisfied that interviewing the detainee by means of a live link would not adversely affect or otherwise undermine or limit the suspect’s ability to communicate confidently and effectively for the purpose of the interview, the officer must so inform the suspect, their solicitor and (if applicable) the appropriate adult. At the same time, the operation of the live-link must be explained and demonstrated to them (see Note 12ZC), they must be advised of the chief officer’s obligations concerning the security of live-link communications under paragraph 13.13 and they must be asked if they wish to make representations that the live-link should not be used or if they require more information about the operation of the arrangements. They must also be told that at any time live-link is in use, they may make representations to the custody officer or the interviewer that its operation should cease and that the physical presence of the interviewer should be arranged.

(d) If:

(i) representations are made that a live-link should not be used to carry out the interview, or that at any time it is in use, its operation should cease and the physical presence of the interviewer arranged; and

(ii) the custody officer in consultation with the interviewer is unable to allay the concerns raised;

then live-link may not be used, or (as the case may be) continue to be used, unless authorised in writing by an officer of the rank of inspector or above in accordance with sub-paragraph (e).

(e) Authority may be given if the officer is satisfied that interviewing the detainee by means of a live link is necessary and justified. In making this decision, the officer must have regard to:

(i) the circumstances of the suspect;

(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

(vii) the likely impact on the suspect and the investigation of any consequential delay to arrange for the interviewer to be physically present with the suspect.

(f) The officer given custody of the detainee and the interviewer take over responsibility for the detainee’s care, treatment and safe custody for the purposes of this Code until the detainee is returned to the custody officer. On that return, both must report the manner in which they complied with the Code during period in question.

12.9B When a suspect detained at a police station is interviewed using a live link in accordance with paragraph 12.9A, the officer given custody of the detainee at the police station and the interviewer who is not present at the police station, take over responsibility for ensuring compliance with the provisions of sections 11 and 12 of this Code, or Code E (Audio recording) or Code F (Audio visual recording) that govern the conduct and recording of that interview. In these circumstances:

(a) the interviewer who is not at the police station where the detainee is held must direct the officer having physical custody of the suspect at the police station, to take the action required by those provisions and which the interviewer would be required to take if they were present at the police station.

(b) the officer having physical custody of the suspect at the police station must take the action required by those provisions and which would otherwise be required to be taken by the interviewer if they were present at the police station. This applies whether or not the officer has been so directed by the interviewer but in such a case, the officer must inform the interviewer of the action taken.

(c) during the course of the interview, the officers in (a) and (b) may consult each other as necessary to clarify any action to be taken and to avoid any misunderstanding. Such consultations must, if in the hearing of the suspect and any other person present with the suspect (for example, a solicitor, appropriate adult or interpreter) be recorded in the interview record.

12.10 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.

12.11 A record shall be made of the following:

(a) the reasons it was not practicable to use an interview room;

(b) any action taken as in paragraph 12.5; and

(c) the actions, decisions, authorisations, representations and outcomes arising from the requirements of paragraphs 12.9A and 12.9B.

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.

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.

12ZA ‘Live link’ means an arrangement by means of which the interviewing officer who is not at the police station is able to see and hear, and to be seen and heard by, the detainee concerned, the detainee’s solicitor, any appropriate adult present and the officer who has custody of that detainee. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.

12ZB In considering whether the use of the live link is appropriate in a particular case, the custody officer, in consultation with the interviewer, should make an assessment of the detainee’s ability to understand and take part in the interviewing process and make a record of the outcome. If the suspect has asked for legal advice, their solicitor should be involved in the assessment and in the case of a juvenile or vulnerable person, the appropriate adult should be involved.

12ZC The explanation and demonstration of live-link interpretation is intended to help the suspect, solicitor and appropriate adult make an informed decision and to allay any concerns they may have.

12ZD Factors affecting the arrangements for the interviewer to be physically present will include the location of the police station where the interview would take place and the availability of an interviewer with sufficient knowledge of the investigation who can attend that station and carry out the interview.

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).