5 Right not to be held incommunicado

5.1 Any person to whom this Code applies who is held in custody at a police station or other premises may, on request, have one named person who is a friend, relative or a person known to them who is likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable. A detained person must be informed of this right on first being detained. If the person cannot be contacted the detainee may choose up to two alternatives. If they cannot be contacted, the person in charge of detention or the investigation has discretion to allow further attempts until the information has been conveyed. See Notes 5D and 5E.

5.2 The exercise of the above right in respect of each person nominated may be delayed only in accordance with Annex B. For any terrorist offender on licence detained under section 43B of TACT, the right to contact one named person may not be delayed.

5.3 The above right may be exercised each time a detainee is taken to another police station or returned to a police station having been previously transferred to prison. This Code does not afford such a right to a person on transfer to a prison, where a detainee’s rights will be governed by Prison Rules, see Annex J paragraph 4.

5.4 If the detainee agrees, they may at the custody officer’s discretion, receive visits from friends, family or others likely to take an interest in their welfare, or in whose welfare the detainee has an interest. Custody Officers should liaise closely with the investigation team (see Note 3E) to allow risk assessments to be made where particular visitors have been requested by the detainee or identified themselves to police. In circumstances where the nature of the investigation means that such requests can not be met, consideration should be given, in conjunction with a representative of the relevant scheme, to increasing the frequency of visits from independent visitor schemes. See Notes 5B and 5C.

5.5 If a friend, relative or person with an interest in the detainee’s welfare enquires about their whereabouts, this information shall be given if the suspect agrees and Annex B does not apply. See Note 5E.

5.6 The detainee shall be given writing materials, on request, and allowed to telephone one person for a reasonable time, see Notes 5A and 5F. Either or both these privileges may be denied or delayed if an officer of inspector rank or above considers sending a letter or making a telephone call may result in any of the consequences in Annex B paragraphs 1 and 2, particularly in relation to the making of a telephone call in a language which an officer listening to the call (see paragraph 5.7) does not understand. See Note 5G.

Nothing in this paragraph permits the restriction or denial of the rights in paragraphs 5.1 and 6.1.

5.7 Before any letter or message is sent, or telephone call made, the detainee shall be informed that what they say in any letter, call or message (other than in a communication to a solicitor) may be read or listened to and may be given in evidence. A telephone call may be terminated if it is being abused see Note 5G. The costs can be at public expense at the custody officer’s discretion.

5.8 Any delay or denial of the rights in this section should be proportionate and should last no longer than necessary.

5.9 A record must be kept of any:

(a) request made under this section and the action taken;

(b) letters, messages or telephone calls made or received or visit received;

(c) refusal by the detainee to have information about them given to an outside enquirer, or any refusal to see a visitor. The detainee must be asked to countersign the record accordingly and any refusal recorded.

5A A person may request an interpreter to interpret a telephone call or translate a letter.

5B At the custody officer’s discretion and subject to the detainee’s consent, visits should be allowed when possible, subject to sufficient personnel being available to supervise a visit and any possible hindrance to the investigation. Custody Officers should bear in mind the exceptional nature of prolonged TACT detention and consider the potential benefits that visits may bring to the health and welfare of detainees who are held for extended periods.

5C Official visitors should be given access following consultation with the officer who has overall responsibility for the investigation provided the detainee consents, and they do not compromise safety or security or unduly delay or interfere with the progress of an investigation. Official visitors should still be required to provide appropriate identification and subject to any screening process in place at the place of detention. Official visitors may include:

An accredited faith representative;

Members of either House of Parliament;

Public officials needing to interview the prisoner in the course of their duties;

Other persons visiting with the approval of the officer who has overall responsibility for the investigation;

Consular officials visiting a detainee who is a national of the country they represent subject to section 7 of this Code.

Visits from appropriate members of the Independent Custody Visitors Scheme should be dealt with in accordance with the separate Code of Practice on Independent Custody Visiting.

5D If the detainee does not know anyone to contact for advice or support or cannot contact a friend or relative, the custody officer should bear in mind any local voluntary bodies or other organisations that might be able to help. Paragraph 6.1 applies if legal advice is required.

5E In some circumstances it may not be appropriate to use the telephone to disclose information under paragraphs 5.1 and 5.5.

5F The telephone call at paragraph 5.6 is in addition to any communication under paragraphs 5.1 and 6.1. Further calls may be made at the custody officer’s discretion.

5G The nature of terrorism investigations means that officers should have particular regard to the possibility of suspects attempting to pass information which may be detrimental to public safety, or to an investigation.