7 Citizens of independent Commonwealth countries or foreign nationals

7.1 A detainee who is a citizen of an independent Commonwealth country or a national of a foreign country, including the Republic of Ireland, has the right, upon request, to communicate at any time with the appropriate High Commission, Embassy or Consulate. That detainee must be informed as soon as practicable of this right and asked if they want to have their High Commission, Embassy or Consulate told of their whereabouts and the grounds for their detention. Such a request should be acted upon as soon as practicable. See Note 7A.

7.2 A detainee who is a citizen of a country with which a bilateral consular convention or agreement is in force requiring notification of arrest, must also be informed that subject to paragraph 7.4, notification of their arrest will be sent to the appropriate High Commission, Embassy or Consulate as soon as practicable, whether or not they request it. A list of the countries to which this requirement currently applies and contact details for the relevant High Commissions, Embassies and Consulates can be obtained from the Consular Directorate of the Foreign, Commonwealth and Development Office (FCDO) as follows:

from the FCDO web pages:

https://www.gov.uk/government/publications/table-of-consular-conventions-and- mandatory-notification-obligations, and

https://www.gov.uk/government/publications/foreign-embassies-in-the-uk

by telephone to 020 7008 1500,

by email to fcdocorrespondence@fcdo.gov.uk, and

by letter to the Foreign, Commonwealth and Development Office, King Charles Street, London, SW1A 2AH.

7.3 Consular officers may, if the detainee agrees, visit one of their nationals in police detention to talk to them and, if required, to arrange for legal advice. Such visits shall take place out of the hearing of a police officer.

7.4 Notwithstanding the provisions of consular conventions, if the detainee claims that they are a refugee or have applied or intend to apply for asylum the custody officer must ensure that UK Visas and Immigration (UKVI) (formerly the UK Border Agency) are informed as soon as practicable of the claim. UKVI will then determine whether compliance with relevant international obligations requires notification of arrest to be sent and will inform the custody officer as to what action police need to take.

7.5 A record shall be made:

when a detainee is informed of their rights under this section and of any requirement in paragraph 7.2;

of any communications with a High Commission, Embassy or Consulate, and

of any communications with UKVI about a detainee’s claim to be a refugee or to be seeking asylum and the resulting action taken by police.

7A The exercise of the rights in this section may not be interfered with even though Annex B applies.