2 General

2.1 This Code must be readily available at all police stations for consultation by:

police officers and police staff

detained persons

members of the public

2.2 The provisions of this Code:

include the Annexes

do not include the Notes for guidance.

2.3 Code C, paragraph 1.4 and the Notes for guidance applicable to those provisions apply to this Code with regard to a suspected person who may be mentally disordered or otherwise mentally vulnerable.

2.4 Code C, paragraphs 1.5 and 1.5A and the Notes for guidance applicable to those provisions apply to this Code with regard to a suspected person who appears to be under the age of 18.

2.5 Code C, paragraph 1.6 applies to this Code with regard to a suspected person who appears to be blind, seriously visually impaired, deaf, unable to read or speak or has difficulty communicating orally because of a speech impediment.

2.6 In this Code:

‘appropriate adult’ means the same as in Code C, paragraph 1.7

‘solicitor’ means the same as in Code C, paragraph 6.12

and the Notes for guidance applicable to those provisions apply to this Code.

where a search or other procedure under this Code may only be carried out or observed by a person of the same sex as the person to whom the search or procedure applies, the gender of the detainee and other persons present should be established and recorded in line with Annex L of Code C.

2.7 References to a custody officer include any police officer who, for the time being, is performing the functions of a custody officer, see paragraph 1.9 of Code C.

2.8 When a record of any action requiring the authority of an officer of a specified rank is made under this Code, subject to paragraph 2.18, the officer’s name and rank must be recorded.

2.9 When this Code requires the prior authority or agreement of an officer of at least inspector or superintendent rank, that authority may be given by a sergeant or chief inspector who has been authorised to perform the functions of the higher rank under PACE, section 107.

2.10 Subject to paragraph 2.18, all records must be timed and signed by the maker.

2.11 Records must be made in the custody record, unless otherwise specified. In any provision of this Code which allows or requires police officers or police staff to make a record in their report book, the reference to ‘report book’ shall include any official report book or electronic recording device issued to them that enables the record in question to be made and dealt with in accordance with that provision. References in this Code to written records, forms and signatures include electronic records and forms and electronic confirmation that identifies the person completing the record or form.

Chief officers must be satisfied as to the integrity and security of the devices, records and forms to which this paragraph applies and that use of those devices, records and forms satisfies relevant data protection legislation.

(taken from Code C paragraph 1.17).

2.12 If any procedure in this Code requires a person’s consent, the consent of a:

mentally disordered or otherwise mentally vulnerable person is only valid if given in the presence of the appropriate adult

juvenile is only valid if their parent’s or guardian’s consent is also obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is sufficient in its own right. If the only obstacle to an identification procedure in section 3 is that a juvenile’s parent or guardian refuses consent or reasonable efforts to obtain it have failed, the identification officer may apply the provisions of paragraph 3.21 (suspect known but not available). See Note 2A.

2.13 If a person is blind, seriously visually impaired or unable to read, the custody officer or identification 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 mentally disordered or otherwise mentally vulnerable (see Note 2B and Code C paragraph 3.15).

2.14 If any procedure in this Code requires information to be given to or sought from a suspect, it must be given or sought in the appropriate adult’s presence if the suspect is mentally disordered, otherwise mentally vulnerable or a juvenile. If the appropriate adult is not present when the information is first given or sought, the procedure must be repeated in the presence of the appropriate adult when they arrive. If the suspect appears deaf or there is doubt about their hearing or speaking ability or ability to understand English, the custody officer or identification officer must ensure that the necessary arrangements in accordance with Code C are made for an interpreter to assist the suspect.

2.15 Any procedure in this Code involving the participation of a suspect who is mentally disordered, otherwise mentally vulnerable or a juvenile must take place in the presence of the appropriate adult. See Code C paragraph 1.4.

2.15 A Any procedure in this Code involving the participation of a witness who is or appears to be mentally disordered, otherwise mentally vulnerable or a juvenile should take place in the presence of a pre-trial support person unless the witness states that they do not want a support person to be present. A support person must not be allowed to prompt any identification of a suspect by a witness. See Note 2AB.

2.16 References to:

‘taking a photograph’, include the use of any process to produce a single, still or moving, visual image

‘photographing a person’, should be construed accordingly

‘photographs’, ‘films’, ‘negatives’ and ‘copies’ include relevant visual images recorded, stored, or reproduced through any medium

‘destruction’ includes the deletion of computer data relating to such images or making access to that data impossible

2.17 This Code does not affect or apply to, the powers and procedures:

(i) for requiring and taking samples of breath, blood and urine in relation to driving offences, etc, when under the influence of drink, drugs or excess alcohol under the:

Road Traffic Act 1988, sections 4 to 11

Road Traffic Offenders Act 1988, sections 15 and 16

Transport and Works Act 1992, sections 26 to 38;

(ii) under the Immigration Act 1971, Schedule 2, paragraph 18, for taking photographs, measuring and identifying and taking biometric information (not including DNA) from persons detained or liable to be detained under that Act, Schedule 2, paragraph 16 (Administrative Provisions as to Control on Entry etc.); or for taking fingerprints in accordance with the Immigration and Asylum Act 1999, sections 141 and 142(4), or other methods for collecting information about a person’s external physical characteristics provided for by regulations made under that Act, section 144;

(iii) under the Terrorism Act 2000, Schedule 8, for taking photographs, fingerprints, skin impressions, body samples or impressions from people:

arrested under that Act, section 41,

detained for the purposes of examination under that Act, Schedule 7, and to whom the Code of Practice issued under that Act, Schedule 14, paragraph 6, applies (’the terrorism provisions’)

(iiia) under the National Security Act, Schedule 6, for taking photographs, fingerprints, skin impressions, body samples or impressions from people arrested under that Act, section 27

(iiib) under the Counter-Terrorism and Border Security Act 2019 for taking photographs, fingerprints, skin impressions, body samples or impressions from people detained for the purposes of examination under Schedule 3

(iv) for taking photographs, fingerprints, skin impressions, body samples or impressions from people who have been:

arrested on warrants issued in Scotland, by officers exercising powers mentioned in Part X of the Criminal Justice and Public Order Act 1994;

arrested or detained without warrant by officers from a police force in Scotland exercising their powers of arrest or detention mentioned in Part X of the Criminal Justice and Public Order Act 1994.

Note: In these cases, police powers and duties and the person’s rights and entitlements whilst at a police station in England and Wales are the same as if the person had been arrested in Scotland by a Scottish police officer.

2.18 Nothing in this Code requires the identity of officers or police staff to be recorded or disclosed:

(a) in the case of enquiries linked to national security including terrorism;;

(b) if the officers or police staff reasonably believe recording or disclosing their names 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 2D.

2.19 In this Code:

(a) ‘designated person’ means a person other than a police officer, who has specified powers and duties conferred or imposed on them by designation under section 38 or 39 of the Police Reform Act 2002;

(b) any reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation.

2.20 If a power conferred on a designated person:

(a) allows reasonable force to be used when exercised by a police officer, a designated person exercising that power has the same entitlement to use force;

(b) includes power to use force to enter any premises, that power is not exercisable by that designated person except:

(i) in the company, and under the supervision, of a police officer; or

(ii) for the purpose of:

saving life or limb; or

preventing serious damage to property.

2.21 In the case of a detained person, nothing in this Code prevents the custody officer, or other police officer or designated person given custody of the detainee by the custody officer for the purposes of the investigation of an offence for which the person is detained, from allowing another person (see (a) and (b) below) to carry out individual procedures or tasks at the police station if the law allows. However, the officer or designated person given custody remains responsible for making sure the procedures and tasks are carried out correctly in accordance with the Codes of Practice. The other person who is allowed to carry out the procedures or tasks must be someone who at that time is:

(a) under the direction and control of the chief officer of the force responsible for the police station in question; or;

(b) providing services under contractual arrangements (but without being employed by the chief officer the police force), to assist a police force in relation to the discharge of its chief officer’s functions.

2.22 Designated persons and others mentioned in sub-paragraphs (a) and (b) of paragraph 2.21 must have regard to any relevant provisions of the Codes of Practice.

2A For the purposes of paragraph 2.12, the consent required from a parent or guardian may, for a juvenile in the care of a local authority or voluntary organisation, be given by that authority or organisation. In the case of a juvenile, nothing in paragraph 2.12 requires the parent, guardian or representative of a local authority or voluntary organisation to be present to give their consent, unless they are acting as the appropriate adult under paragraphs 2.14 or 2.15. However, it is important that a parent or guardian not present is fully informed before being asked to consent. They must be given the same information about the procedure and the juvenile’s suspected involvement in the offence as the juvenile and appropriate adult. The parent or guardian must also be allowed to speak to the juvenile and the appropriate adult if they wish. Provided the consent is fully informed and is not withdrawn, it may be obtained at any time before the procedure takes place.

2AB The Youth Justice and Criminal Evidence Act 1999 guidance “Achieving Best Evidence in Criminal Proceedings” indicates that a pre-trial support person should accompany a vulnerable witness during any identification procedure unless the witness states that they do not want a support person to be present. It states that this support person should not be (or not be likely to be) a witness in the investigation.

2B People who are seriously visually impaired or unable to read may be unwilling to sign police documents. The alternative, i.e. their representative signing on their behalf, seeks to protect the interests of both police and suspects.

2C Not used

2D The purpose of paragraph 2.18(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 the officers. In cases of doubt, an officer of inspector rank or above should be consulted.