3 Initial action

3.1 When a person to whom paragraph 2.1 applies is at a police station, the custody officer must make sure the person is told clearly about:

(a) the following continuing rights which may be exercised at any stage during the period in custody:

(i) their right to consult privately with a solicitor and that free independent legal advice is available as in section 6;

(ii) their right to have someone informed of their arrest as in section 5;

(iii) their right to consult this Code of Practice (see Note 3D);

(iv) their right to medical help as in section 9;

(v) their right to remain silent as set out in the caution (see section 10, noting that this will not apply to a terrorist offender on licence arrested under section 43B of TACT as their arrest does not depend on the commission of an offence and so will not be subject to questioning); and

(vi) if applicable, their right to interpretation and translation (see paragraph 3.14) and the right to communication with their High Commission, Embassy or Consulate (see paragraph 3.14A).

(b) their right to be informed about why they have been arrested and detained, which in the case of a person arrested under section 41 of TACT will include being informed about why they have been arrested and detained on suspicion of being involved in the commission, preparation or instigation of acts of terrorism in accordance with paragraphs 2.5, 3.4 and 11.1A of this Code.

3.2 The detainee must also be given a written notice, which contains information:

(a) to allow them to exercise their rights by setting out:

(i) their rights under paragraph 3.1 (subject to paragraphs 3.14 and 3.14A);

(ii) the arrangements for obtaining legal advice, see section 6;

(iii) their right to a copy of the custodyrecord as in paragraph 2.6;

(iv) the caution in the terms prescribed in section 10;

(v) their rights to:

information about the reasons and grounds for their arrest and detention and (as the case may be) any further grounds and reasons that come to light whilst they are in custody;

to have access to records and documents which are essential to effectively challenging the lawfulness of their arrest and detention;

as required in accordance with paragraphs 2.4, 2.5, 3.4, 11.1A, 14.0 and 15.7 of this Code and paragraph 3.3 of Code G;

(vi) the maximum period for which they may be kept in police detention without being charged, when detention must be reviewed and when release is required.

(vii) their right to communicate with their High Commission Embassy or Consulate in accordance with section 7 of this Code, see paragraph 3.14A;

(xiii) their right to medical assistance in accordance with section 9 of this Code

(xi) their right, if they are prosecuted, to have access to the evidence in the case in accordance with the Criminal Procedure and Investigations Act 1996, the Attorney General’s Guidelines on Disclosure and the common law and the Criminal Procedure Rules; and

(b) briefly setting out their entitlements while in custody, by:

(i) mentioning:

the provisions relating to the conduct of interviews;

the circumstances in which an appropriate adult should be available to assist the detainee and their statutory rights to make representations whenever the need for their detention is reviewed.

(ii) listing the entitlements in this Code, concerning

reasonable standards of physical comfort;

adequate food and drink;

access to toilets and washing facilities, clothing, medical attention, and exercise when practicable;

personal needs relating to health, hygiene and welfare concerning the provision of menstrual and any other health, hygiene and welfare products needed by the detainee in question and speaking about these in private to a member of the custody staff (see paragraphs 9.4A and 9.4B).

See Note 3A

3.2 A The detainee must be given an opportunity to read the notice and shall be asked to sign the custody record to acknowledge receipt of the notices. Any refusal must be recorded on the custody record.

3.3 Not used.

3.3 A An audio version of the notice and an ‘easy read’ illustrated version should also be provided if they are available (see Note 3A)

3.4 (a) The custody officer shall:

record that the person was arrested under sections 41 or 43B of TACT and the reason(s) for the arrest on the custody record. See paragraph 10.3 and Note 3G

note on the custody record any comment the detainee makes in relation to the arresting officer’s account but shall not invite comment. If the arresting officer is not physically present when the detainee is brought to a police station, the arresting officer’s account must be made available to the custody officer remotely or by a third party on thearresting officer’s behalf;

note any comment the detainee makes in respect of the decision to detain them but shall not invite comment;

not put specific questions to the detainee regarding their involvement in any offence (see paragraph 1.3), nor in respect of any comments they may make in response to the arresting officer’s account or the decision to place them in detention. See paragraphs 14.1 and 14.2 and Notes 3H, 14A and 14B. Such an exchange is likely to constitute an interview as in paragraph 11.1 and require the associated safeguards in section 11.

Note: This sub-paragraph also applies to any further reasons and grounds for detention which come to light whilst the person is detained.

See paragraph 11.8A in respect of unsolicited comments.

If the first review of detention is carried out at this time, see paragraphs 14.1 and 14.2, and Part II of Schedule 8 to the Terrorism Act 2000 in respect of action by the review officer.

(b) Documents and materials which are essential to effectively challenging the lawfulness the detainee’s arrest and detention must be made available to the detainee or their solicitor. Documents and material will be “essential” for this purpose if they are capable of undermining the reasons and grounds which make the detainee’s arrest and detention necessary. The decision about what needs to be disclosed for the purpose of this requirement rests with the custody officer in consultation with the investigating officer who has the knowledge of the documents and materials in a particular case necessary to inform that decision (see Note 3G). A note should be made in the detainee’s custody record of the fact that action has been taken under this sub-paragraph and when. The investigating officer should make a separate note of what has been made available in a particular case. This also applies for the purposes of section 14, see paragraph 14.0.

3.5 The custody officer or other custody staff as directed by the custody officer shall:

(a) ask the detainee, whether at this time, they:

(i) would like legal advice, see paragraph 6.4;

(ii) want someone informed of their detention, see section 5;

(iia) wishes to speak in private with a member of the custody staff who may be of the same sex about any matter concerning their personal needs relating to health, hygiene and welfare (see paragraph 9.4A);

(b) ask the detainee to sign the custody record to confirm their decisions in respect of (a);

(c) determine whether the detainee:

(i) is, or might be, in need of medical treatment or attention, see section 9;

(ii) is a juvenile and/or vulnerable and therefore requires an appropriate adult (see

paragraphs 1.10, 1.11 and 3.17);

(iii) requires

help to check documentation (see paragraph 3.21);

an interpreter (see paragraph 3.14 and Note 13B).

(ca) if the detainee is a female aged 18 or over, ask if they require or are likely to require any menstrual products whilst they are in custody (see paragraph 9.4B). For girls under 18, see paragraph 3.21A;

(d) record the decision and actions taken as applicable in respect of (c) and (ca).

Where any duties under this paragraph have been carried out by custody staff at the direction of the custody officer, the outcomes shall, as soon as practicable, be reported to the custody officer who retains overall responsibility for the detainee’s care and safe custody and ensuring it complies with this Code. See paragraph 1.15 and Note 3I.

3.6 When the needs mentioned in paragraph 3.5(c) are being determined, the custody officer is responsible for initiating an assessment to consider whether the detainee is likely to present specific risks to custody staff, any individual who may have contact with detainee (e.g. legal advisers, medical staff), or themselves. This risk assessment must include the taking of reasonable steps to establish the detainee’s identity and to obtain information about the detainee that is relevant to their safe custody, security and welfare and risks to others. Such assessments should therefore always include a check on the Police National Computer (PNC), to be carried out as soon as practicable, to identify any risks that have been highlighted in relation to the detainee. Although such assessments are primarily the custody officer’s responsibility, it will be necessary to obtain information from other sources, especially the investigation team see Note 3E, the arresting officer or an appropriate healthcare professional, see paragraph 9.15. Other records held by or on behalf of the police and other UK law enforcement authorities that might provide information relevant to the detainee’s safe custody, security and welfare and risk to others and to confirming their identity should also be checked. Reasons for delaying the initiation or completion of the assessment must be recorded.

3.7 Chief officers should ensure that arrangements for proper and effective risk assessments required by paragraph 3.6 are implemented in respect of all detainees at police stations in their area.

3.8 Risk assessments must follow a structured process which clearly defines the categories of risk to be considered and the results must be incorporated in the detainee’s custody record. The custody officer is responsible for making sure those responsible for the detainee’s custody are appropriately briefed about the risks. The content of any risk assessment and any analysis of the level of risk relating to the person’s detention is not required to be shown or provided to the detainee or any person acting on behalf of the detainee. If no specific risks are identified by the assessment, that should be noted in the custody record. See Note 3F and paragraph 9.15.

3.8 A The content of any risk assessment and any analysis of the level of risk relating to the person’s detention is not required to be shown or provided to the detainee or any person acting on behalf of the detainee. But information should not be withheld from any person acting on the detainee’s behalf, for example, an appropriate adult, solicitor or interpreter, if to do so might put that person at risk.

3.9 Custody officers are responsible for implementing the response to any specific risk assessment, which should include for example:

reducing opportunities for self-harm;

calling an appropriate healthcare professional;

increasing levels of monitoring or observation;

reducing the risk to those who come into contact with the detainee. See Note 3F

3.10 Risk assessment is an ongoing process and assessments must always be subject to review if circumstances change.

3.11 If video cameras are installed in the custody area, notices shall be prominently displayed showing cameras are in use. Any request to have video cameras switched off shall be refused.

3.12 A constable, prison officer or other person authorised by the Secretary of State may take any steps which are reasonably necessary for:

(a) photographing the detained person;

(b) measuring the person, or

(c) identifying the person.

3.13 Paragraph 3.12 concerns the power in TACT Schedule 8 Paragraph 2. This power does not cover the taking of fingerprints, intimate samples or non-intimate samples, which is covered in TACT Schedule 8 paragraphs 10 to 15. TACT Schedule 8 Paragraph 2 and paragraph

3.12 of this Code do not apply to a person detained under section 43B of TACT.

3.14 If the detainee appears to be someone who does not speak or understand English or who has a hearing or speech impediment the custody officer must ensure:

(a) that without delay, arrangements (see paragraph 13.1ZA) are made for the detainee to have the assistance of an interpreter in the action under paragraphs 3.1 to 3.5. If the person appears to have a hearing or speech impediment, the reference to ‘interpreter’ includes appropriate assistance necessary to comply with paragraphs 3.1 to 3.5. See paragraph 13.1C if the detainee is in Wales. See section 13 and Note 13B;

(b) that in addition to the rights set out in paragraph 3.1(i) to (iii), the detainee is told clearly about their right to interpretation and translation;

(c) that the written notice given to the detainee in accordance with paragraph 3.2 is in a language the detainee understands and includes the right to interpretation and translation together with information about the provisions in section 13 and Annex K, which explain how the right applies (see Note 3A); and

(d) that if the translation of the notice is not available, the information in the notice is given through an interpreter and a written translation provided without undue delay

3.14 A If the detainee is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, the custody officer must ensure that in addition to the rights set out in paragraph 3.1(i) to (v), they are informed as soon as practicable about their rights of communication with their High Commission, Embassy or Consulate set out in section 7. This right must be included in the written notice given to the detainee in accordance with paragraph 3.2.

3.15 If the detainee is a juvenile, the custody officer must, if it is practicable, ascertain the identity

of a person responsible for their welfare. That person:

may be:

the parent or guardian;

if the juvenile is in local authority or voluntary organisation care, or is otherwise being looked after under the Children Act 1989, a person appointed by that authority or organisation to have responsibility for the juvenile’s welfare;

any other person who has, for the time being, assumed responsibility for the juvenile’s welfare.

must be informed as soon as practicable that the juvenile has been arrested, why they have been arrested and where they are detained. This right is in addition to the juvenile’s right in section 5 not to be held incommunicado. See Note 3C.

3.16 If a juvenile is known to be subject to a court order under which a person or organisation is given any degree of statutory responsibility to supervise or otherwise monitor them, reasonable steps must also be taken to notify that person or organisation (the ‘responsible officer’). The responsible officer will normally be a member of a Youth Offending Team, except for a curfew order which involves electronic monitoring when the contractor providing the monitoring will normally be the responsible officer.

3.17 If the detainee is a juvenile or a vulnerable person, the custody officer must, as soon as practicable, ensure that:

the detainee is informed of the decision that an appropriate adult is required and the reason for that decision (see paragraph 3.5(c)(ii) and;

the detainee is advised:

of the duties of the appropriate adult as described in paragraph 1.13A; and

that they can consult privately with the appropriate adult at any time.

the appropriate adult, who in the case of a juvenile may or may not be a person responsible for their welfare, as in paragraph 3.15, is informed of:

the grounds for their detention;

their whereabouts; and

the attendance of the appropriate adult at the police station to see the detainee is secured.

3.18 If the appropriate adult is:

already at the police station, the provisions of paragraphs 3.1 to 3.5 must be complied with in the appropriate adult’s presence;

not at the station when these provisions are complied with, they must be complied with again in the presence of the appropriate adult when they arrive,

and a copy of the notice given to the detainee in accordance with paragraph 3.2, shall also be given to the appropriate adult if they wish to have a copy.

3.18 A The custody officer must ensure that at the time the copy of the notice is given to the appropriate adult, or as soon as practicable thereafter, the appropriate adult is advised of the duties of the appropriate adult as described in paragraph1.13A.

3.19 Not used.

3.20 If the detainee, or appropriate adult on the detainee’s behalf, asks for a solicitor to be called to give legal advice, the provisions of section 6 apply (see paragraph 6.6 and Note 3K).

3.21 If the detainee is blind, seriously visually impaired or unable to read, the custody 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 vulnerable (see paragraph 3.17 and Note 13C).

3.21 A The Children and Young Persons Act 1933, section 31, requires that arrangements must be made for ensuring that a girl under the age of 18, while detained in a police station, is under the care of a woman. The custody officer must ensure that the woman under whose care the girl is, makes the enquiries and provides the information concerning personal needs relating to their health, hygiene and welfare described in paragraph 9.4A and menstrual products described in paragraph 9.4B. See Note 3J. Section 31 also requires that arrangements must be made to prevent any person under 18 while being detained in a police station, from associating with an adult charged with any offence, unless that adult is a relative or the adult is jointly charged with the same offence as the person under 18.

3.22 The grounds for a person’s detention shall be recorded, in the person’s presence if practicable.

3.23 Action taken under paragraphs 3.14 to 3.21A shall be recorded.

3.24 The provisions of this section identify the information which must be given to suspects who have been arrested under section 41 of the Terrorism Act and cautioned in accordance with section 10 of this Code. It includes information on the right to information in criminal proceedings. If a complaint is made by or on behalf of such a suspect that the information and (as the case may be) access to records and documents has not been provided as required, the matter shall be reported to an inspector to deal with as a complaint for the purposes of paragraph 9.3, or paragraph 12.10 if the challenge is made during an interview.

This would include, for example:

not informing them of their rights (see paragraph 3.1);

not giving them a copy of the Notice (see paragraph 3.2(a))

not providing an opportunity to read the notice (see paragraph3.2A)

not providing the required information (see paragraphs 3.2(a), 3.14(b) and, 3.14A;

not allowing access to the custody record (see paragraph 2.5);

not providing a translation of the Notice (see paragraph 3.14(c) and (d));

3.24A The requirements for suspects to be informed of certain rights as referenced in this paragraph includes information previously required by retained EU Law. These provisions continue to exist in retained EU Law, and as of 29 June 2023 there is legislation before the UK Parliament to make provision for this retained EU Law to become assimilated law.

3A For access to the currently available notices, including ‘easy-read’ versions, see https://www.gov.uk/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention.

3B Not used.

3C If the juvenile is in local authority or voluntary organisation care but living with their parents or other adults responsible for their welfare, although there is no legal obligation to inform them, they should normally be contacted, as well as the authority or organisation unless they are suspected of involvement in the offence concerned. Even if the juvenile is not living with their parents, consideration should be given to informing them.

3D The right to consult this or other relevant Codes of Practice does not entitle the person concerned to delay unreasonably any necessary investigative or administrative action whilst they do so. Examples of action which need not be delayed unreasonably include:

searching detainees at the police station;

taking fingerprints or non-intimate samples without consent for evidential purposes.

3E The investigation team will include any officer involved in questioning a suspect, gathering or analysing evidence in relation to the offences of which the detainee is suspected of having committed. Should a custody officer require information from the investigation team, the first point of contact should be the officer in charge of the investigation.

3F The Detention and Custody Authorised Professional Practice (APP) produced by the College of Policing (see http://www.app.college.police.uk) provides more detailed guidance on risk assessments and identifies key risk areas which should always be considered.

3G Arrests under TACT section 41 can only be made where an officer has reasonable grounds to suspect that the individual concerned is a “terrorist”. This differs from the constable’s power of arrest for all offences under PACE, section 24, in that it need not be linked to a specific offence. There may also be circumstances where an arrest under TACT is made on the grounds of sensitive information which cannot be disclosed. In such circumstances, the grounds for arrest may be given in terms of the interpretation of a “terrorist” set out in TACT section 40(1)(a) or (b).

3H For the purpose of arrests under TACT section 41, the review officer is responsible for authorising detention (see paragraphs 14.1 and 14.2, and Notes 14A and 14B). The review officer’s role is explained in TACT Schedule 8 Part II. A person may be detained after arrest pending the first review, which must take place as soon as practicable after the person’s arrest.

3HA Arrests under TACT section 43B can only be made when an officer reasonably suspects that a terrorist offender on licence has breached a condition of their licence and reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made.

3I A custody officer or other officer who, in accordance with this Code, allows or directs the carrying out of any task or action relating to a detainee’s care, treatment, rights and entitlements by another officer or any other person must be satisfied that the officer or person concerned is suitable, trained and competent to carry out the task or action in question.

3J Guidance for police officers and police staff on the operational application of section 31 of the Children and Young Persons Act 1933 has been published by the College of Policing and is available at:

https://www.app.college.police.uk/app-content/detention-and-custody-2/detainee-care/children-and-young-persons/#girls .

3K The purpose of the provisions at paragraphs 3.20 and 6.6 is to protect the rights of juvenile and vulnerable persons who may not understand the significance of what is said to them. They should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the absence of the appropriate adult if they want.