12 Interviews in police stations

12.1 If a police officer wants to interview or conduct enquiries which require the presence of a detainee, the custody officer is responsible for deciding whether to deliver the detainee into the officer’s custody. An investigating officer who is given custody of a detainee takes over responsibility for the detainee’s care and treatment for the purposes of this Code until they return the detainee to the custody officer when they must report the manner in which they complied with the Code whilst having custody of the detainee.

12.2 Except as below, in any period of 24 hours a detainee must be allowed a continuous period of at least 8 hours for rest, free from questioning, travel or any interruption in connection with the investigation concerned. This period should normally be at night or other appropriate time which takes account of when the detainee last slept or rested. If a detainee is arrested at a police station after going there voluntarily, the period of 24 hours runs from the time of their arrest (or, if a person was being detained under TACT Schedule 7 or Schedule 3 to the CT and Border Security Act 2019 when arrested, from the time at which the examination under the relevant Schedule began) and not the time of arrival at the police station. The period may not be interrupted or delayed, except:

(a) when there are reasonable grounds for believing not delaying or interrupting the period would:

(i) involve a risk of harm to people or serious loss of, or damage to, property;

(ii) delay unnecessarily the person’s release from custody; or

(iii) otherwise prejudice the outcome of the investigation;

(b) at the request of the detainee, their appropriate adult or legal representative;

(c) when a delay or interruption is necessary in order to:

(i) comply with the legal obligations and duties arising under section 14; or

(ii) to take action required under section 9 or in accordance with medical advice.

If the period is interrupted in accordance with (a), a fresh period must be allowed. Interruptions under (b) and (c) do not require a fresh period to be allowed.

12.3 Before a detainee is interviewed the custody officer, in consultation with the officer in charge of the investigation and appropriate healthcare professionals as necessary, shall assess whether the detainee is fit enough to be interviewed. This means determining and considering the risks to the detainee’s physical and mental state if the interview took place and determining what safeguards are needed to allow the interview to take place. The custody officer shall not allow a detainee to be interviewed if the custody officer considers it would cause significant harm to the detainee’s physical or mental state. Vulnerable suspects listed at paragraph 11.11 shall be treated as always being at some risk during an interview and these persons may not be interviewed except in accordance with paragraphs 11.11 to 11.13.

12.4 As far as practicable interviews shall take place in interview rooms which are adequately heated, lit and ventilated.

12.5 A suspect whose detention without charge has been authorised under TACT Schedule 8, because the detention is necessary for an interview to obtain evidence of the offence for which they have been arrested, may choose not to answer questions but police do not require the suspect’s consent or agreement to interview them for this purpose. If a suspect takes steps to prevent themselves being questioned or further questioned, e.g. by refusing to leave their cell to go to a suitable interview room or by trying to leave the interview room, they shall be advised that their consent or agreement to be interviewed is not required. The suspect shall be cautioned as in section 10, and informed if they fail or refuse to co-operate, the interview may take place in the cell and that their failure or refusal to co-operate may be given in evidence. If they refuse and the custody officer considers, on reasonable grounds, that the interview should not be delayed, the custody officer has discretion to direct that the interview be conducted in a cell. The suspect shall then be invited to co-operate and go into the interview room.

12.6 People being questioned or making statements shall not be required to stand.

12.7 Before the interview commences each interviewer shall, subject to the qualification at paragraph 2.8, identify themselves and any other persons present to the interviewee.

12.8 Breaks from interviewing should be made at recognised meal times or at other times that take account of when an interviewee last had a meal. Short refreshment breaks shall be provided at approximately two hour intervals, subject to the interviewer’s discretion to delay a break if there are reasonable grounds for believing it would:

(i) involve a:

risk of harm to people;

serious loss of, or damage to, property;

(ii) unnecessarily delay the detainee’s release;

(iii) otherwise prejudice the outcome of the investigation. See Note 12B

12.9 During extended periods where no interviews take place, because of the need to gather further evidence or analyse existing evidence, detainees and their legal representative shall be informed that the investigation into the relevant offence remains ongoing. If practicable, the detainee and legal representative should also be made aware in general terms of any reasons for long gaps between interviews. Consideration should be given to allowing visits, more frequent exercise, or for reading or writing materials to be offered see paragraph 5.4, section 8 and Note 12C.

12.10 If during the interview a complaint is made by or on behalf of the interviewee concerning the provisions of any of the Codes, or it comes to the interviewer’s notice that the interviewee may have been treated improperly, the interviewer should:

(i) record the matter in the interview record; and

(ii) inform the custody officer, who is then responsible for dealing with it as in section 9.

12.11 A record must be made of the:

time a detainee is not in the custody of the custody officer, and why;

reason for any refusal to deliver the detainee out of that custody.

12.12 A record shall be made of:

the reasons it was not practicable to use an interview room; and

any action taken as in paragraph 12.5.

The record shall be made on the custody record or in the interview record for action taken whilst an interview record is being kept, with a brief reference to this effect in the custody record.

12.13 Any decision to delay a break in an interview must be recorded, with reasons, in the interview record.

12.14 All written statements made at police stations under caution shall be written on forms provided for the purpose.

12.15 All written statements made under caution shall be taken in accordance with Annex D. Before a person makes a written statement under caution at a police station they shall be reminded about the right to legal advice. See Note 12A.

12A It is not normally necessary to ask for a written statement if the interview was recorded in accordance with the Code of Practice issued under TACT Schedule 8 Paragraph 3. Statements under caution should normally be taken in these circumstances only at the person’s express wish. A person may however be asked if they want to make such a statement.

12B Meal breaks should normally last at least 45 minutes and shorter breaks after two hours should last at least 15 minutes. If the interviewer delays a break in accordance with paragraph 12.8 and prolongs the interview, a longer break should be provided. If there is a short interview, and another short interview is contemplated, the length of the break may be reduced if there are reasonable grounds to believe this is necessary to avoid any of the consequences in paragraph 12.8(i) to (iii).

12C Consideration should be given to the matters referred to in paragraph 12.9 after a period of over 24 hours without questioning. This is to ensure that extended periods of detention without an indication that the investigation remains ongoing do not contribute to a deterioration of the detainee’s well-being.