2 Custody records
2.1 When a person is:
brought to a police station following arrest under TACT section 41 or section 43B,
arrested under TACT section 41 or section 43B at a police station having attended there voluntarily,
brought to a police station and there detained to be questioned in accordance with an authorisation under section 22 of the Counter-Terrorism Act 2008 (post-charge questioning) (see Notes 15A and 15B), or
at a police station and there detained when authority for post-charge questioning is given under section 22 of the Counter-Terrorism Act 2008 (see Notes 15A and 15B),
they should be brought before the custody officer as soon as practicable after their arrival at the station or, if appropriate, following the authorisation of post-charge questioning or following arrest after attending the police station voluntarily see Note 3H. A person is deemed to be “at a police station” for these purposes if they are within the boundary of any building or enclosed yard which forms part of that policestation.
2.2 A separate custody record must be opened as soon as practicable for each person described in paragraph 2.1. All information recorded under this Code must be recorded as soon as practicable in the custody record unless otherwise specified. Any audio or video recording made in the custody area is not part of the custody record.
2.3 If any action requires the authority of an officer of a specified rank, this must be noted in the custody record, subject to paragraph 2.8.
2.3 A If a person is arrested under TACT section 41 and taken to a police station as a result of a search in the exercise of any stop and search power to which PACE Code A (Stop and search) or the ‘search powers code’ issued under TACT applies, the officer carrying out the search is responsible for ensuring that the record of that stop and search is made as part of the person’s custody record. The custody officer must then ensure that the person is asked if they want a copy of the search record and if they do, that they are given a copy as soon as practicable. The person’s entitlement to a copy of the search record which is made as part of their custody record is in addition to, and does not affect, their entitlement to a copy of their custody record or any other provisions of section 2 (Custody records) of this Code. See Code A paragraph 4.2B and the TACT search powers code paragraph 5.3.5).
2.4 The custody officer is responsible for the custody record’s accuracy and completeness and for making sure the record or copy of the record accompanies a detainee if they are transferred to another police station. The record shall show the:
time and reason for transfer;
time a person is released from detention.
2.5 The detainee’s solicitor and appropriate adult must be permitted to inspect the detainee’s custody record as soon as practicable after their arrival at the station and at any other time whilst the person is detained.
On request, the detainee, their solicitor and appropriate adult must be allowed to inspect the following records, as promptly as is practicable at any time whilst the person is detained:
(a) The information about the circumstances and reasons for the detainee’s arrest as recorded in the custody record in accordance with paragraph 3.4. This applies to any further reasons which come to light and are recorded whilst the detainee is detained;
(b) The record of the grounds for each authorisation to keep the person in custody. The authorisations to which this applies are the same as those described in paragraph 2 of Annex J of this Code.
Access to the custody record for the purposes of this paragraph must be arranged and agreed with the custody officer and may not unreasonably interfere with the custody officer’s duties or the justifiable needs of the investigation. A record shall be made when access is allowed. This access is in addition to the requirements in paragraphs 3.4(b), 11.1A and 14.0 to provide information about the reasons for arrest and detention and in 14.7 to give the detainee written information about the grounds for continued detention when an application for a warrant of further detention (or for an extension of such a warrant) is made.
2.6 When a detainee leaves police detention or is taken before a court they, their legal representative or appropriate adult shall be given, on request, a copy of the custody record as soon as practicable. This entitlement lasts for 12 months after release.
2.7 The detainee, appropriate adult or legal representative shall be permitted to inspect the original custody record once the detained person is no longer being held under the provisions of TACT sections 41 or 43B and Schedule 8 or being questioned after charge as authorised under section 22 of the Counter-Terrorism Act 2008 (see section 15), provided they give reasonable notice of their request. Any such inspection shall be noted in the custody record.
2.8 All entries in custody records must be timed and identified by the maker. Nothing in this Code requires the identity of officers or other police staff to be recorded or disclosed in the case of enquiries linked to the investigation of terrorism. In these cases, they shall use their warrant or other identification numbers and the name of their police station, see Note 2A. Records entered on computer shall be timed and contain the operator’s identification.
2.9 The fact and time of any detainee’s refusal to sign a custody record, when asked in accordance with this Code, must be recorded.
Note for Guidance
2A The purpose of paragraph 2.8 is to protect those involved in terrorist investigations or arrests of terrorist suspects from the possibility that those arrested, their associates or other individuals or groups may threaten or cause harm to those involved.