2 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 both 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 The detainee’s solicitor and appropriate adult must be permitted to inspect the whole of the detainee’s custody record as soon as practicable after their arrival at the station and at any other time on request, whilst the person is detained. This includes the following specific records relating to the reasons for the detainee’s arrest and detention and the offence concerned to which paragraph 3.1(b) refers:
(a) The information about the circumstances and reasons for the detainee’s arrest as recorded in the custody record in accordance with paragraph 4.3 of Code G. This applies to any further offences for which the detainee is arrested whilst in custody;
(b) The record of the grounds for each authorisation to keep the person in custody. The authorisations to which this applies are the same as those described at items (i)(a) to
(d) in the table in paragraph 2 of Annex M of this Code.
Access to the records in sub-paragraphs (a) and (b) is in addition to the requirements in paragraphs 3.4(b), 11.1A, 15.0, 15,7A(c) and 16.7A to make certain documents and materials available and to provide information about the offence and the reasons for arrest and detention.
Access to the custody record for the purposes of this paragraph must be arranged and agreed with the custody officer and may not unreasonably interfere with the custody officer’s duties. A record shall be made when access is allowed and whether it includes the records described in sub-paragraphs (a) and (b) above.
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.