3 Initial action

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:

(a) the following continuing rights, which may be exercised at any stage during the period in custody:

(i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6;

(ii) their right to have someone informed of their arrest as in section 5;

(iii) their right to consult the Codes of Practice (see Note 3D); and

(iv) if applicable, their right to interpretation and translation (see paragraph 3.12) and their right to communicate with their High Commission, Embassy or Consulate (see paragraph 3.12A).

(b) their right to be informed about the offence and (as the case may be) any further offences for which they are arrested whilst in custody and why they have been arrested and detained in accordance with paragraphs 2.4, 3.4(a) and 11.1A of this Code and paragraph 3.3 of Code G.

3.2 The detainee must also be given a written notice, which contains information:

(a) to allow them to exercise their rights by setting out:

(i) their rights under paragraph 3.1, paragraph 3.12 and 3.12A;

(ii) the arrangements for obtaining legal advice, see section 6;

(iii) their right to a copy of the custody record as in paragraph 2.4A;

(iv) their right to remain silent as set out in the caution in the terms prescribed in section 10;

(v) their right to have access to materials and documents which are essential to effectively challenging the lawfulness of their arrest and detention for any offence and (as the case may be) any further offences for which they are arrested whilst in custody, in accordance with paragraphs 3.4(b), 15.0, 15.7A(c) and 16.7A of this Code;

(vi) the maximum period for which they may be kept in police detention without being charged, when detention must be reviewed and when release is required;

(vii) their right to medical assistance in accordance with section 9 of this Code;

(viii) their right, if they are prosecuted, to have access to the evidence in the case before their trial in accordance with the Criminal Procedure and Investigations Act 1996, the Attorney General’s Guidelines on Disclosure, the common law and the Criminal Procedure Rules; and

(b) briefly setting out their other entitlements while in custody, by:

(i) mentioning:

the provisions relating to the conduct of interviews;

the circumstances in which an appropriate adult should be available to assist the detainee and their statutory rights to make representations whenever the need for their detention is reviewed;

(ii) listing the entitlements in this Code, concerning;

reasonable standards of physical comfort;

adequate food and drink;

access to toilets and washing facilities, clothing, medical attention, and exercise when practicable;

personal needs relating to health, hygiene and welfare concerning the provision of menstrual and any other health, hygiene and welfare products needed by the detainee in question and speaking about these in private to a member of the custody staff (see paragraphs 9.3A and 9.3B).

See Note 3A.

3.2 A The detainee must be given an opportunity to read the notice and shall be asked to sign the custody record to acknowledge receipt of the notice. Any refusal to sign must be recorded on the custody record.

3.3 Not used.

3.3 A An ‘easy read’ illustrated version should also be provided if available (see Note 3A).

3.4 (a) 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.

Note: This sub-paragraph also applies to any further offences and grounds for detention which come to light whilst the person is detained.

See paragraph 11.13 in respect of unsolicited comments.

(b) Documents and materials which are essential to effectively challenging the lawfulness of the detainee’s arrest and detention must be made available to the detainee or their solicitor. Documents and materials will be “essential” for this purpose if they are capable of undermining the reasons and grounds which make the detainee’s arrest and detention necessary. The decision about whether particular documents or materials must be made available for the purpose of this requirement therefore rests with the custody officer who determines whether detention is necessary, in consultation with the investigating officer who has the knowledge of the documents and materials in a particular case necessary to inform that decision. A note should be made in the detainee’s custody record of the fact that documents or materials have been made available under this sub-paragraph and when. The investigating officer should make a separate note of what is made available and how it is made available in a particular case. This sub-paragraph also applies (with modifications) for the purposes of sections 15 (Reviews and extensions of detention) and 16 (Charging detained persons). See Note 3ZA and paragraphs 15.0 and 16.7A.

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;

(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) is a juvenile and/or vulnerable and therefore requires an appropriate adult (see paragraphs 1.4, 1.5, and 3.15);

(iia) wishes to speak in private with a member of the custody staff who may be of the same sex about any matter concerning their personal needs relating to health, hygiene and welfare (see paragraph 9.3A);

(iii) requires:

help to check documentation (see paragraph 3.20);

an interpreter (see paragraph 3.12 and Note 13B).

(ca) if the detainee is a female aged 18 or over, ask if they require or are likely to require any menstrual products whilst they are in custody (see paragraph 9.3B). For girls under 18, see paragraph 3.20A;

(d) record the decision and actions taken as applicable in respect of (c) and (ca).

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 the needs mentioned in paragraph 3.5(c) are being determined, the custody officer is responsible for initiating an assessment to consider whether the detainee is likely to present specific risks to custody staff, any individual who may have contact with detainee (e.g. legal advisers, medical staff) or themselves. This risk assessment must include the taking of reasonable steps to establish the detainee’s identity and to obtain information about the detainee that is relevant to their safe custody, security and welfare and risks to others. Such assessments should therefore always include a check on the Police National Computer (PNC), to be carried out as soon as practicable, to identify any risks that have been 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. Other records held by or on behalf of the police and other UK law enforcement authorities that might provide information relevant to the detainee’s safe custody, security and welfare and risk to others and to confirming their identity should also be checked. 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.

3.8A The content of any risk assessment and any analysis of the level of risk relating to the person’s detention is not required to be shown or provided to the detainee or any person acting on behalf of the detainee. But information should not be withheld from any person acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, if to do so might put that person at risk.

3.9 The custody officer is responsible for implementing the response to any specific risk assessment, e.g.:

reducing opportunities for self harm;

calling an appropriate healthcare professional;

increasing levels of monitoring or observation;

reducing the risk to those who come into contact with the detainee. See Note 3E.

3.10 Risk assessment is an ongoing process and assessments must always be subject to review if circumstances change.

3.11 If video cameras are installed in the custody area, notices shall be prominently displayed showing cameras are in use. Any request to have video cameras switched off shall be refused.

3.12 If the detainee appears to be someone who does not speak or understand English or who has a hearing or speech impediment, the custody officer must ensure:

(a) that without delay, arrangements (see paragraph 13.1ZA) are made for the detainee to have the assistance of an interpreter in the action under paragraphs 3.1 to 3.5. If the person appears to have a hearing or speech impediment, the reference to ‘interpreter’ includes appropriate assistance necessary to comply with paragraphs 3.1 to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note 13B;

(b) that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), the detainee is told clearly about their right to interpretation and translation;

(c) that the written notice given to the detainee in accordance with paragraph 3.2 is in a language the detainee understands and includes the right to interpretation and translation together with information about the provisions in section 13 and Annex M, which explain how the right applies (see Note 3A); and

(d) that if the translation of the notice is not available, the information in the notice is given through an interpreter and a written translation provided without undue delay.

3.12 A If the detainee is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, the custody officer must ensure that in addition to the continuing rights set out in paragraph 3.1(a)(i) to (iv), they are informed as soon as practicable about their rights of communication with their High Commission, Embassy or Consulate set out in section 7. This right must be included in the written notice given to the detainee in accordance with paragraph 3.2.

3.13 If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the identity of a person responsible for their welfare. That person:

may be:

the parent or guardian;

if the juvenile is in local authority or voluntary organisation care, or is otherwise being looked after under the Children Act 1989, a person appointed by that authority or organisation to have responsibility for the juvenile’s welfare;

any other person who has, for the time being, assumed responsibility for the juvenile’s welfare.

must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are detained. This right is in addition to the juvenile’s right in section 5 not to be held incommunicado. See Note 3C.

3.14 If a juvenile is known to be subject to a court order under which a person or organisation is given any degree of statutory responsibility to supervise or otherwise monitor them, reasonable steps must also be taken to notify that person or organisation (the ‘responsible officer’). The responsible officer will normally be a member of a Youth Offending Team, except for a curfew order which involves electronic monitoring when the contractor providing the monitoring will normally be the responsible officer.

3.15 If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that:

the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and;

the detainee is advised:

of the duties of the appropriate adult as described in paragraph 1.7A; and

that they can consult privately with the appropriate adult at any time.

the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.13, is informed of:

the grounds for their detention;

their whereabouts; and

the attendance of the appropriate adult at the police station to see the detainee is secured.

3.16 It is imperative that a person detained under the Mental Health Act 1983, section 135 or 136, be assessed as soon as possible within the permitted period of detention specified in that Act. A police station may only be used as a place of safety in accordance with The Mental Health Act 1983 (Places of Safety) Regulations 2017. If that assessment is to take place at the police station, an approved mental health professional and a registered medical practitioner shall be called to the station as soon as possible to carry it out. See Note 9D. The appropriate adult has no role in the assessment process and their presence is not required. Once the detainee has been assessed and suitable arrangements made for their treatment or care, they can no longer be detained under section 135 or 136. A detainee must be immediately discharged from detention if a registered medical practitioner, having examined them, concludes they are not mentally disordered within the meaning of the Act.

3.17 If the appropriate adult is:

already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied with in the appropriate adult’s presence;

not at the station when these provisions are complied with, they must be complied with again in the presence of the appropriate adult when they arrive,

and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also be given to the appropriate adult.

3.17 A The custody officer must ensure that at the time the copy of the notice is given to the appropriate adult, or as soon as practicable thereafter, the appropriate adult is advised of the duties of the appropriate adult as described in paragraph 1.7A.

3.18 Not used.

3.19 If the detainee, or appropriate adult on the detainee’s behalf, asks for a solicitor to be called to give legal advice, the provisions of section 6 apply (see paragraph 6.5A and Note 3H).

3.20 If the detainee is blind, seriously visually impaired or unable to read, the custody officer shall make sure their solicitor, relative, appropriate adult or some other person likely to take an interest in them and not involved in the investigation is available to help check any documentation. When this Code requires written consent or signing the person assisting may be asked to sign instead, if the detainee prefers. This paragraph does not require an appropriate adult to be called solely to assist in checking and signing documentation for a person who is not a juvenile, or is not vulnerable (see paragraph 3.15 and Note 13C).

3.20 A The Children and Young Persons Act 1933, section 31, requires that arrangements must be made for ensuring that a girl under the age of 18, while detained in a police station, is under the care of a woman. The custody officer must ensure that the woman under whose care the girl is, makes the enquiries and provides the information concerning personal needs relating to their health, hygiene and welfare described in paragraph 9.3A and menstrual products described in paragraph 9.3B. See Note 3G. The section also requires that arrangements must be made for preventing any person under 18, while being detained in a police station, from associating with an adult charged with any offence, unless that adult is a relative or the adult is jointly charged with the same offence as the person under 18.

3.20 B The grounds for a person’s detention shall be recorded, in the person’s presence if practicable. See paragraph 1.8.

3.20 C Action taken under paragraphs 3.12 to 3.20A shall be recorded.

3.21 Anybody attending a police station or other location (see paragraph 3.22 and Note 3I) voluntarily to assist police with the investigation of an offence may leave at will unless arrested. See Notes 1A and 1K. The person may only be prevented from leaving at will if their arrest on suspicion of committing the offence is necessary in accordance with Code G. See Code G Note 2G.

(a) If during a person’s voluntary attendance at a police station or other location it is decided for any reason that their arrest is necessary, they must:

be informed at once that they are under arrest and of the grounds and reasons as required by Code G, and

be brought before the custody officer at the police station where they are arrested or (as the case may be) at the police station to which they are taken after being arrested elsewhere. The custody officer is then responsible for making sure that a custody record is opened and that they are notified of their rights in the same way as other detainees as required by this Code.

(b) If the suspect’s arrest is not necessary but they are cautioned as required in section 10, the person who, after describing the nature and circumstances of the suspected offence, gives the caution must at the same time, inform them that they are not under arrest and that they are not obliged to remain at the station or other location (see paragraph 3.22 and Note 3I). The rights, entitlements and safeguards that apply to the conduct and recording of interviews with suspects are not diminished simply because the interview is arranged on a voluntary basis. For the purpose of arranging a voluntary interview (see Code G Note 2F), the duty of the interviewer reflects that of the custody officer with regard to detained suspects. As a result:

(i) the requirement in paragraph 3.5(c)(ii) to determine whether a detained suspect requires an appropriate adult, help to check documentation or an interpreter shall apply equally to a suspect who has not been arrested; and

(ii) the suspect must not be asked to give their informed consent to be interviewed until after they have been informed of the rights, entitlements and safeguards that apply to voluntary interviews. These are set out in paragraph 3.21A and the interviewer is responsible for ensuring that the suspect is so informed and for explaining these rights, entitlements and safeguards.

3.21A The interviewer must inform the suspect that the purpose of the voluntary interview is to question them to obtain evidence about their involvement or suspected involvement in the offence(s) described when they were cautioned and told that they were not under arrest. The interviewer shall then inform the suspect that the following matters will apply if they agree to the voluntary interview proceeding:

(a) Their right to information about the offence(s) in question by providing sufficient information to enable them to understand the nature of any such offence(s) and why they are suspected of committing it. This is in order to allow for the effective exercise of the rights of the defence as required by paragraph 11.1A. It applies whether or not they ask for legal advice and includes any further offences that come to light and are pointed out during the voluntary interview and for which they are cautioned.

(b) Their right to free (see Note 3J) legal advice by:

(i) explaining that they may obtain free and independent legal advice if they want it, and that this includes the right to speak with a solicitor on the telephone and to have the solicitor present during the interview;

(ii) asking if they want legal advice and recording their reply; and

(iii) if the person requests advice, securing its provision before the interview by contacting the Defence Solicitor Call Centre and explaining that the time and place of the interview will be arranged to enable them to obtain advice and that the interview will be delayed until they have received the advice unless, in accordance with paragraph 6.6(c) (Nominated solicitor not available and duty solicitor declined) or paragraph 6.6(d) (Change of mind), an officer of the rank of inspector or above agrees to the interview proceeding; or

(iv) if the person declines to exercise the right, asking them why and recording any reasons given (see Note 6K).

Note:When explaining the right to legal advice and the arrangements, the interviewer must take care not to indicate, except to answer a direct question, that the time taken to arrange and complete the voluntary interview might be reduced if:

the suspect does not ask for legal advice or does not want a solicitor present when they are interviewed; or

the suspect asks for legal advice or (as the case may be) asks for a solicitor to be present when they are interviewed, but changes their mind and agrees to be interviewed without waiting for a solicitor.

(c) Their right, if in accordance with paragraph 3.5(c)(ii) the interviewer determines:

(i) that they are a juvenile or are vulnerable; or

(ii) that they need help to check documentation (see paragraph 3.20),

to have the appropriate adult present or (as the case may be) to have the necessary help to check documentation; and that the interview will be delayed until the presence of the appropriate adult or the necessary help, is secured.

(d) If they are a juvenile or vulnerable and do not want legal advice, their appropriate adult has the right to ask for a solicitor to attend if this would be in their best interests and the appropriate adult must be so informed. In this case, action to secure the provision of advice if so requested by their appropriate adult will be taken without delay in the same way as if requested by the person (see sub-paragraph (b)(iii)). However, they cannot be forced to see the solicitor if they are adamant that they do not wish to do so (see paragraphs 3.19 and 6.5A).

(e) Their right to an interpreter, if in accordance with, paragraphs 3.5(c)(ii) and 3.12, the interviewer determines that they require an interpreter and that if they require an interpreter, making the necessary arrangements in accordance with paragraph 13.1ZA and that the interview will be delayed to make the arrangements.

(f) That interview will be arranged for a time and location (see paragraph 3.22 and Note 3I) that enables:

(i) the suspect’s rights described above to be fully respected; and

(ii) the whole of the interview to be recorded using an authorised recording device in accordance with Code E (Code of Practice on Audio recording of interviews with suspects) or (as the case may be) Code F (Code of Practice on visual recording with sound of interviews with suspects); and

(g) That their agreement to take part in the interview also signifies their agreement for that interview to be audio-recorded or (as the case may be) visually recorded with sound.

3.21B The provision by the interviewer of factual information described in paragraph 3.21A and, if asked by the suspect, further such information, does not constitute an interview for the purpose of this Code and when that information is provided:

(a) the interviewer must remind the suspect about the caution as required in section 10 but must not invite comment about the offence or put specific questions to the suspect regarding their involvement in any offence, nor in respect of any comments they may make when given the information. Such an exchange is itself likely to constitute an interview as in paragraph 11.1A and require the associated interview safeguards in section 11.

(b) Any comment the suspect makes when the information is given which might be relevant to the offence, must be recorded and dealt with in accordance with paragraph 11.13.

(c) The suspect must be given a notice summarising the matters described in paragraph

3.21A and which includes the arrangements for obtaining legal advice. If a specific notice is not available, the notice given to detained suspects with references to detention-specific requirements and information redacted, may be used.

(d) For juvenile and vulnerable suspects (see paragraphs 1.4 and 1.5):

(i) the information must be provided or (as the case may be) provided again, together with the notice, in the presence of the appropriate adult;

(ii) if cautioned in the absence of the appropriate adult, the caution must be repeated in the appropriate adult’s presence (see paragraph 10.12);

(iii) the suspect must be informed of the decision that an appropriate is required and the reason (see paragraph 3.5(c)(ii);

(iv) the suspect and the appropriate adult shall be advised:

that the duties of the appropriate adult include giving advice and assistance in accordance with paragraphs 1.7A and 11.17; and

that they can consult privately at any time.

(v) their informed agreement to be interviewed voluntarily must be sought and given in the presence of the appropriate adult and for a juvenile, the agreement of a parent or guardian of the juvenile is also required.

3.22 If the other location mentioned in paragraph 3.21 is any place or premises for which the interviewer requires the informed consent of the suspect and/or occupier (if different) to remain, for example, the suspect’s home (see Note 3I), then the references that the person is ‘not obliged to remain’ and that they ‘may leave at will’ mean that the suspect and/or occupier (if different) may also withdraw their consent and require the interviewer to leave.

3.22 A Before asking the suspect any questions about their involvement in the offence they are suspected of committing, the interviewing officer must ask them to confirm that they agree to the interview proceeding. This confirmation shall be recorded in the interview record made in accordance with section 11 of this Code (written record) or Code E or Code F.

3.22 B Action taken under paragraphs 3.21A to 3.21B shall be recorded. The record shall include the date time and place the action was taken, who was present and anything said to or by the suspect and to or by those present.

3.23 Not used.

3.24 Not used.

3.25 When a person is answering street bail, the custody officer should link any documentation held in relation to arrest with the custody record. Any further action shall be recorded on the custody record in accordance with paragraphs 3.20B and 3.20C above.

3.26 The provisions of this section identify the information which must be given to suspects who have been cautioned in accordance with section 10 of this Code according to whether or not they have been arrested and detained. It includes information required by EU Directive 2012/13 on the right to information in criminal proceedings. If a complaint is made by or on behalf of such a suspect that the information and (as the case may be) access to records and documents has not been provided as required, the matter shall be reported to an inspector to deal with as a complaint for the purposes of paragraph 9.2, or paragraph 12.9 if the challenge is made during an interview. This would include, for example:

(a) in the case of a detained suspect:

not informing them of their rights (see paragraph 3.1);

not giving them a copy of the Notice (see paragraph 3.2(a));

not providing an opportunity to read the notice (see paragraph 3.2A);

not providing the required information (see paragraphs 3.2(a), 3.12(b) and, 3.12A;

not allowing access to the custody record (see paragraph 2.4);

not providing a translation of the Notice (see paragraph 3.12(c) and (d)); and

(b) in the case of a suspect who is not detained:

not informing them of their rights or providing the required information (see

paragraphs 3.21(b) to 3.21B).

3ZA For the purposes of paragraphs 3.4(b) and 15.0:

(a) Investigating officers are responsible for bringing to the attention of the officer who is responsible for authorising the suspect’s detention or (as the case may be) continued detention (before or after charge), any documents and materials in their possession or control which appear to undermine the need to keep the suspect in custody. In accordance with Part IV of PACE, this officer will be either the custody officer, the officer reviewing the need for detention before or after charge (PACE, section 40), or the officer considering the need to extend detention without charge from 24 to 36 hours (PACE, section 42) who is then responsible for determining, which, if any, of those documents and materials are capable of undermining the need to detain the suspect and must therefore be made available to the suspect or their solicitor.

(b) the way in which documents and materials are ‘made available’, is a matter for the investigating officer to determine on a case by case basis and having regard to the nature and volume of the documents and materials involved. For example, they may be made available by supplying a copy or allowing supervised access to view. However, for view only access, it will be necessary to demonstrate that sufficient time is allowed for the suspect and solicitor to view and consider the documents and materials in question.

3A For access to currently available notices, including ‘easy-read’ versions, see

https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention.

3B Not used.

3C If the juvenile is in local authority or voluntary organisation care but living with their parents or other adults responsible for their welfare, although there is no legal obligation to inform them, they should normally be contacted, as well as the authority or organisation unless they are suspected of involvement in the offence concerned. Even if the juvenile is not living with their parents, consideration should be given to informing them.

3D The right to consult the Codes of Practice does not entitle the person concerned to delay unreasonably any necessary investigative or administrative action whilst they do so. Examples of action which need not be delayed unreasonably include:

procedures requiring the provision of breath, blood or urine specimens under the Road Traffic Act 1988 or the Transport and Works Act 1992;

searching detainees at the police station;

taking fingerprints, footwear impressions or non-intimate samples without consent for evidential purposes.

3E The Detention and Custody Authorised Professional Practice (APP) produced by the College of Policing (see http://www.app.college.police.uk) provides more detailed guidance on risk assessments and identifies key risk areas which should always be considered. See Home Office Circular 34/2007 (Safety of solicitors and probationary representatives at police stations).

3F A custody officer or other officer who, in accordance with this Code, allows or directs the carrying out of any task or action relating to a detainee’s care, treatment, rights and entitlements to another officer or any other person, must be satisfied that the officer or person concerned is suitable, trained and competent to carry out the task or action in question.

3G Guidance for police officers and police staff on the operational application of section 31 of the Children and Young Persons Act 1933 has been published by the College of Policing and is available at:

https://www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-and-young-persons/#girls.

3H The purpose of the provisions at paragraphs 3.19 and 6.5A is to protect the rights of juvenile and vulnerable persons who may not understand the significance of what is said to them. They should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the absence of the appropriate adult if they want.

3I An interviewer who is not sure, or has any doubt, about whether a place or location elsewhere than a police station is suitable for carrying out a voluntary interview, particularly in the case of a juvenile or vulnerable person, should consult an officer of the rank of sergeant or above for advice. Detailed guidance for police officers and staff concerning the conduct and recording of voluntary interviews is being developed by the College of Policing. It follows a review of operational issues arising when voluntary interviews need to be arranged. The aim is to ensure the effective implementation of the safeguards in paragraphs 3.21 to 3.22B particularly concerning the rights of suspects, the location for the interview and supervision.

3J For voluntary interviews conducted by non-police investigators, the provision of legal advice is set out by the Legal Aid Agency at paragraph 9.54 of the 2017 Standard Crime Contract Specification. This is published at https://www.gov.uk/government/publications/standard-crime-contract-2017 and the rules mean that a non-police interviewer who does not have their own statutory power of arrest would have to inform the suspect that they have a right to seek legal advice if they wish, but payment would be a matter for them to arrange with the solicitor.