5 Right not to be held incommunicado

5.1 Subject to paragraph 5.7B, any person arrested and held in custody at a police station or other premises may, on request, have one person known to them or likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable. If the person cannot be contacted the detainee may choose up to two alternatives. If they cannot be contacted, the person in charge of detention or the investigation has discretion to allow further attempts until the information has been conveyed. See Notes 5C and 5D.

5.2 The exercise of the above right in respect of each person nominated may be delayed only in accordance with Annex B.

5.3 The above right may be exercised each time a detainee is taken to another police station.

5.4 If the detainee agrees, they may at the custody officer’s discretion, receive visits from friends, family or others likely to take an interest in their welfare, or in whose welfare the detainee has an interest. See Note 5B.

5.5 If a friend, relative or person with an interest in the detainee’s welfare enquires about their whereabouts, this information shall be given if the suspect agrees and Annex B does not apply. See Note 5D.

5.6 The detainee shall be given writing materials, on request, and allowed to telephone one person for a reasonable time, see Notes 5A and 5E. Either or both of these privileges may be denied or delayed if an officer of inspector rank or above considers sending a letter or making a telephone call may result in any of the consequences in:

(a) Annex B paragraphs 1 and 2 and the person is detained in connection with an indictable offence;

(b) Not used.

Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1 and 6.1.

5.7 Before any letter or message is sent, or telephone call made, the detainee shall be informed that what they say in any letter, call or message (other than in a communication to a solicitor) may be read or listened to and may be given in evidence. A telephone call may be terminated if it is being abused. The costs can be at public expense at the custody officer’s discretion.

5.7A Any delay or denial of the rights in this section should be proportionate and should last no longer than necessary.

5.7 B In the case of a person in police custody for specific purposes and periods in accordance with a direction under the Crime (Sentences) Act 1997, Schedule 1 (productions from prison etc.), the exercise of the rights in this section shall be subject to any additional conditions specified in the direction for the purpose of regulating the detainee’s contact and communication with others whilst in police custody. See Note 5F.

5.8 A record must be kept of any:

(a) request made under this section and the action taken;

(b) letters, messages or telephone calls made or received or visit received;

(c) refusal by the detainee to have information about them given to an outside enquirer. The detainee must be asked to countersign the record accordingly and any refusal recorded.

5A A person may request an interpreter to interpret a telephone call or translate a letter.

5B At the custody officer’s discretion and subject to the detainee’s consent, visits should be allowed when possible, subject to having sufficient personnel to supervise a visit and any possible hindrance to the investigation.

5C If the detainee does not know anyone to contact for advice or support or cannot contact a friend or relative, the custody officer should bear in mind any local voluntary bodies or other organisations who might be able to help. Paragraph 6.1 applies if legal advice is required.

5D In some circumstances it may not be appropriate to use the telephone to disclose information under paragraphs 5.1 and 5.5.

5E The telephone call at paragraph 5.6 is in addition to any communication under paragraphs 5.1 and 6.1.

5F Prison Service Instruction 26/2012 (Production of Prisoners at the Request of Warranted Law Enforcement Agencies) provides detailed guidance and instructions for police officers and Governors and Directors of Prisons regarding applications for prisoners to be transferred to police custody and their safe custody and treatment while in police custody.