1 General

1.0 The powers and procedures in this Code must be used fairly, responsibly, with respect for the people to whom they apply and without unlawful discrimination. Under the Equality Act 2010, section 149 (Public sector Equality Duty), police forces must, in carrying out their functions, have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct which is prohibited by that Act, to advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it, and to foster good relations between those persons. The Equality Act also makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity, when using their powers. See Notes 1A and 1AA.

1.1 This Code of Practice applies to, and only to:

(a) persons in police detention after being arrested under sections 41 or 43B of the Terrorism Act 2000 (TACT) and detained under sections 41 or 43B of, or Schedule 8 to that Act and not charged, and

(b) detained persons in respect of whom an authorisation has been given under section 22 of the Counter-Terrorism Act 2008 (post-charge questioning of terrorist suspects) to interview them in which case, section 15 of this Code will apply.

1.2 The provisions in PACE Code C apply when a person:

(a) is in custody otherwise than as a result of being arrested under sections 41 or 43B of TACT or detained for examination under Schedule 7 to TACT or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 or arrested under section 28 of the National Security Act 2023 (see paragraph 1.4);

(b) is charged with an offence, or

(c) is being questioned about any offence after being charged with that offence without an authorisation being given under section 22 of the Counter-Terrorism Act 2008.

See Note 1N.

1.3 In this Code references to an offence and to a person’s involvement or suspected involvement in an offence where the person has not been charged with an offence, include being concerned, or suspected of being concerned, in the commission, preparation or instigation of acts of terrorism.

1.4 The Code of Practice issued under paragraph 6 of Schedule 14 to TACT applies to persons detained for examination under Schedule 7 to TACT and the Code issued under paragraph 56 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 applies to persons detained for examination under Schedule 3. PACE Code I applies to persons detained under section 28 of, and Schedule 6 to, the National Security Act 2023. See Note 1N.

1.5 All persons in custody must be dealt with expeditiously, and released as soon as the need for detention no longer applies. A terrorist offender on licence who is detained under section 43B TACT must (unless recalled to prison or otherwise detained under any other power) be released if (a) a recall decision is made not to revoke the offender’s licence, as soon as practicable after that decision is made; or (b) if a recall decision has not been made within six hours beginning with the time of the arrest under section 43B.

1.6 There is no provision for bail under TACT before or after charge. See Note 1N.

1.7 An officer must perform the assigned duties in this Code as soon as practicable. An officer will not be in breach of this Code if delay is justifiable and reasonable steps are taken to prevent unnecessary delay. The custody record shall show when a delay has occurred and the reason. See Note 1H.

1.8 This Code of Practice must be readily available at all police stations for consultation by:

police officers;

police staff;

detained persons;

members of the public.

1.9 The provisions of this Code:

include the Annexes;

do not include the Notes for Guidance.

1.10 If at any time an officer has any reason to suspect that a person of any age may be vulnerable (see paragraph 1.17(d)) in the absence of clear evidence to dispel that suspicion, that person shall be treated as such for the purposes of this Code and to establish whether any such reason may exist in relation to a person suspected of committing an offence (see paragraph 10.1 and Note 10A), the custody officer in the case of a detained person, or the officer investigating the offence in the case of a person who has not been arrested or detained, shall take, or cause to be taken, (see paragraph 3.5 and Note 3I) the following action:

(a) reasonable enquiries shall be made to ascertain what information is available that is relevant to any of the factors described in paragraph 1.17(d) as indicating that the person may be vulnerable might apply;

(b) a record shall be made describing whether any of those factors appear to apply and provide any reason to suspect that the person may be vulnerable or (as the case may be) may not be vulnerable; and

(c) the record mentioned in sub-paragraph (b) shall be made available to be taken into account by police officers, police staff and any others who, in accordance with the provisions of this or any other Code, are required or entitled to communicate with the person in question. This would include any solicitor, appropriate adult and health care professional and is particularly relevant to communication for the purpose of interviewing and questioning after charge (see sections 11, 12 and 15), live link interpretation (see paragraph 13.12) and reviews and extensions of detention (see section 14).

See Notes 1G, 1GA, 1GB and 1GC.

1.11 Anyone who appears to be under 18 shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code.

1.11 A Not used.

1.12 If a person appears to be blind, seriously visually impaired, deaf, unable to read or speak or has difficulty orally because of a speech impediment, they shall be treated as such for the purposes of this Code in the absence of clear evidence to the contrary.

1.13 ‘The appropriate adult’ means, in the case of a:

(a) juvenile:

(i) the parent, guardian or, if the juvenile is in the care of a local authority or voluntary organisation, a person representing that authority or organisation (see Note 1B);

(ii) a social worker of a local authority (see Note 1C);

(iii) failing these, some other responsible adult aged 18 or over who is not:

a police officer;

employed by the police;

under the direction or control of the chief officer of a police force;

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

whether or not they are on duty at the time. See Note 1F.

(b) a person who is vulnerable: See paragraph 1.10 and Note 1D

(i) a relative, guardian or other person responsible for their care or custody;

(ii) someone experienced in dealing with vulnerable persons but who is not:

a police officer;

employed by the police;

under the direction or control of the chief officer of a police force;

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

whether or not they are on duty at the time.

(iii) failing these, some other responsible adult aged 18 or over who is other than a person described in the bullet points in sub-paragraph (b)(ii) above.

See Note 1F.

1.13 A The role of the appropriate adult is to safeguard the rights, entitlements and welfare of juveniles and vulnerable persons (see paragraphs 1.10 and 1.11 to whom the provisions of this and any other Code of Practice apply. For this reason, the appropriate adult is expected, amongst other things, to:

support, advise and assist them when, in accordance with this Code or any other Code of Practice, they are given or asked to provide information or participate in any procedure;

observe whether the police are acting properly and fairly to respect their rights and entitlements, and inform an officer of the rank of inspector or above if they consider that they are not;

assist them to communicate with the police whilst respecting their right to say nothing unless they want to as set out in the terms of the caution see paragraphs 10.5 and 10.6;

help them understand their rights and ensure that those rights are protected and respected (see paragraphs 3.17, 3.18, 6.6, and 11.10.

1.14 If this Code requires a person be given certain information, they do not have to be given it if at the time they are incapable of understanding what is said, are violent or may become violent or in urgent need of medical attention, but they must be given it as soon as practicable.

1.15 References to a custody officer include any police officer who for the time being, is performing the functions of a custody officer. For the responsibilities of a custody officer in relation to a person in police detention to whom this Code applies please see section 39 of PACE, noting that it shall be the duty of the custody officer to ensure that the person in detention is also treated in accordance with TACT (including the Schedules contained therein).

1.16 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 authorised by section 107 of PACE to perform the functions of the higher rank under TACT.

1.17 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) 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.

(c) if there is doubt as to whether the person should be treated, or continue to be treated, as being male or female in the case of:

(i) a search or other procedure to which this Code applies which may only be carried out or observed by a person of the same sex as the detainee; or

(ii) any other procedure which requires action to be taken or information to be given that depends on whether the person is to be treated as being male or female;

then the gender of the detainee and other parties concerned should be established and recorded in line with Annex H of this Code.

(d) ‘vulnerable’ applies to any person who, because of their mental health condition or mental disorder (see Notes 1G and 1GB):

(i) may have difficulty understanding or communicating effectively about the full implications for them of any procedures and processes connected with:

their arrest and detention at a police station or elsewhere;

the exercise of their rights and entitlements.

(ii) does not appear to understand the significance of what they are told, of questions they are asked or of their replies.

(iii) appears to be particularly prone to:

becoming confused and unclear about their position;

providing unreliable, misleading or incriminating information without knowing or wishing to do so;

accepting or acting on suggestions from others without consciously knowing or wishing to do so; or

readily agreeing to suggestions or proposals without any protest or question.

1.18 Designated persons are entitled to use reasonable force as follows:

(a) when exercising a power conferred on them which allows a police officer exercising that power to use reasonable force, a designated person has the same entitlement to use force; and

(b) at other times when carrying out duties conferred or imposed on them that also entitle them to use reasonable force, for example:

when at a police station carrying out the duty to keep detainees for whom they are responsible under control and to assist any other police officer or designated person to keep any detainee under control and to prevent their escape.

when securing, or assisting any other police officer or designated person in securing, the detention of a person at a police station.

when escorting, or assisting any other police officer or designated person in escorting, a detainee within a police station.

for the purpose of saving life or limb; or

preventing serious damage to property.

1.19 Nothing in this Code prevents the custody officer, or other police officer or designated person (see paragraph 1.17(a)) given custody of the detainee by the custody officer, 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 (see paragraph 3.5 and Note 3I). 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.

1.20 Designated persons and others mentioned in sub-paragraphs (a) and (b) of paragraph 1.19 must have regard to any relevant provisions of this Code.

1.21 In any provision of this or any other Code of Practice which allows or requires police officers or police staff to make a record in their report book, the references 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 and any other Code to written records, forms and signatures include electronic records and forms and electronic confirmation that identifies the person making the record or completing the 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.

1A This Code applies specifically to people detained under terrorism legislation. See PACE Code C (Detention) for detailed provisions and guidance that apply to persons who attend police stations and other locations voluntarily to assist with an investigation.

1AA In paragraph 1.0, under the Equality Act 2010, section 149, the ‘relevant protected characteristics’ are age, disability, gender reassignment, pregnancy and maternity, race, religion/belief and sex and sexual orientation. For further detailed guidance and advice on the Equality Act, see: https://www.gov.uk/guidance/equality-act-2010-guidance.

1B A person, including a parent or guardian, should not be an appropriate adult if they:

are:

suspected of involvement in the offence or involvement in the commission, preparation or instigation of acts of terrorism;

the victim;

a witness;

involved in the investigation.

received admissions prior to attending to act as the appropriateadult.

Note: If a juvenile’s parent is estranged from the juvenile, they should not be asked to act as the appropriate adult if the juvenile expressly and specifically objects to their presence.

1C If a juvenile admits an offence to, or in the presence of, a social worker or member of a youth offending team other than during the time that person is acting as the juvenile’s appropriate adult, another appropriate adult should be appointed in the interest of fairness.

1D In the case of someone who is vulnerable, it may be more satisfactory if the appropriate adult is someone experienced or trained in their care rather than a relative lacking such qualifications. But if the person prefers a relative to a better qualified stranger or objects to a particular person their wishes should, if practicable, be respected.

1E A detainee should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult’s absence if they want. An appropriate adult is not subject to legal privilege.

1F An appropriate adult who is not a parent or guardian in the case of a juvenile, or a relative, guardian or carer in the case of a vulnerable person, must be independent of the police as their role is to safeguard the rights and entitlements of a detained person. Additionally, a solicitor or independent custody visitor who is present at the police station and acting in that capacity may not be the appropriate adult.

1G An adult may be vulnerable as a result of a having a mental health condition or mental disorder. Similarly, simply because an individual does not have, or is not known to have, any such condition or disorder, does not mean that they are not vulnerable for the purposes of this Code. It is therefore important that the custody officer in the case of a detained person considers, on a case by case basis whether any of the factors described in paragraph 1.17(d) might apply to the person in question. In doing so, the officer must take into account the particular circumstances of the individual and how the nature of the investigation might affect them and bear in mind that juveniles, by virtue of their age will always require an appropriate adult.

1GA For the purposes of paragraph 1.10(a), examples of relevant information that may be available include:

the behaviour of the adult or juvenile;

the mental health and capacity of the adult or juvenile;

what the adult or juvenile says about themselves;

information from relatives and friends of the adult or juvenile;

information from police officers and staff and from police records;

information from health and social care (including liaison and diversion services) and other professionals who know, or have had previous contact with, the individual and may be able to contribute to assessing their need for help and support from an appropriate adult. This includes contacts and assessments arranged by the police or at the request of the individual or (as applicable) their appropriate adult or solicitor.

1GB The Mental Health Act 1983 Code of Practice at page 26 describes the range of clinically recognised conditions which can fall with the meaning of mental disorder for the purpose of paragraph 1.17(d). The Code is published here:

https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983.

1GC When a person is under the influence of drink and/or drugs, it is not intended that they are to be treated as vulnerable and requiring an appropriate adult for the purpose of unless other information indicates that any of the factors described in paragraph 1.17(d) may apply to that person. When the person has recovered from the effects of drink and/or drugs, they should be re-assessed in accordance with paragraph 1.10.

1H Paragraph 1.7 i is intended to cover delays which may occur in processing detainees e.g. if:

a large number of suspects are brought into the station simultaneously to be placed in custody;

interview rooms are all being used;

there are difficulties contacting an appropriate adult, solicitor orinterpreter.

1I The custody officer must remind the appropriate adult and detainee about the right to legal advice and record any reasons for waiving it in accordance with section 6.

1J Not used

1K This Code does not affect the principle that all citizens have a duty to help police officers to prevent crime and discover offenders. This is a civic rather than a legal duty; but when police officers are trying to discover whether, or by whom, offences have been committed, they are entitled to question any person from whom they think useful information can be obtained, subject to the restrictions imposed by this Code. A person’s declaration that they are unwilling to reply does not alter this entitlement.

1L If a person detained under section 41 of TACT, including by virtue of a warrant under Part 3 of Schedule 8 to TACT, is detained while in hospital or removed to hospital because they need medical treatment, any time during which the person is being questioned in hospital or on the way there or back for the purpose of obtaining relevant evidence is to be included in calculating any period which falls to be calculated for the purposes of section 41 or Part 3 of Schedule 8. Any other time when the person is in hospital or on the way there or back is not to be included. (If a person is detained under Schedule 7 to TACT or Schedule 3 to the Counter-Terrorism and Border Security Act 2019, the same principles will apply when calculating the six hour period.)

1M Under Paragraph 1 of Schedule 8 to TACT, all police stations are designated for detention of persons arrested under sections 41 or 43B of TACT. Paragraph 4 of Schedule 8 requires that the constable who arrests a person under sections 41 or 43B takes them as soon as reasonably practicable to the police station which the officer considers is “mostappropriate”.

1N The powers under Part IV of PACE to detain and release on bail (before or after charge) a person arrested under section 24 of PACE for any offence (see PACE Code G (Arrest)) do not apply to persons whilst they are detained under terrorism powers following their arrest/detention under sections 41 or 43B of, or Schedule 7 to, TACT or detained after being stopped under Schedule 3 to the CT and Border Security Act 2019 or arrested under section 28 of the National Security Act 2023. If when the grounds for detention under these powers cease the person is arrested under section 24 of PACE for a specific offence, the detention and bail provisions of PACE will apply and must be considered from the time of that arrest.

1O Not used.

1P Not used