Annex J: Transfer of persons detained for more than 14 days to prison

1. When a warrant of further detention is extended or further extended by a High Court judge to authorise a person’s detention under section 41 of TACT beyond a period of 14 days from the time of their arrest (or if they were being detained under a provision in subsection 41(3A) of TACT when arrested under section 41 from the time when the person was detained under that provision), the person must be transferred from detention in a police station to detention in a designated prison as soon as is practicable after the warrant is issued, unless:

(a) the detainee specifically requests to remain in detention at a police station and that request can be accommodated, or

(b) there are reasonable grounds to believe that transferring the detainee to a prison would:

(i) significantly hinder a terrorism investigation;

(ii) delay charging of the detainee or their release from custody, or

(iii) otherwise prevent the investigation from being conducted diligently and expeditiously.

Any grounds in (b)(i) to (iii) above which are relied upon for not transferring the detainee to prison must be presented to the senior judge as part of the application for the extension or further extension of the warrant. See Note J1.

2. If at any time during which a person remains in detention at a police station under the warrant, the grounds at (b)(i) to (iii) cease to apply, the person must be transferred to a prison as soon as practicable.

3. Police should maintain an agreement with HM Prison and Probation Service (HMPPS), that stipulates named prisons to which individuals may be transferred under this paragraph. This should be made with regard to ensuring detainees are moved to the most suitable prison for the purposes of the investigation and their welfare, and should include provision for the transfer of male, female and juvenile detainees. Police should ensure that the Governor of a prison to which they intend to transfer a detainee is given reasonable notice of this. Where practicable, this should be no later than the point at which a warrant is applied for that would take the period of detention beyond 14 days.

4. Following a detainee’s transfer to a designated prison, their detention will be governed by the terms of Schedule 8 to TACT 2000 and the Prison Rules and this Code of Practice will not apply during any period that the person remains in prison detention. The Code will once more apply if the person is transferred back from prison detention to police detention. In order to enable the Governor to arrange for the production of the detainee back into police custody, police should give notice to the Governor of the relevant prison as soon as possible of any decision to transfer a detainee from prison back to a police station. Any transfer between a prison and a police station should be conducted by police and this Code will be applicable during the period of transit. See Note 2J. A detainee should only remain in police custody having been transferred back from a prison, for as long as is necessary for the purpose of the investigation.

5. The investigating team and custody officer should provide as much information as necessary to enable the relevant prison authorities to provide appropriate facilities to detain an individual. This should include, but not be limited to:

(i) medical assessments

(ii) security and risk assessments

(iii) details of the detained person’s legal representatives

(iv) details of any individuals from whom the detained person has requested visits, or who have requested to visit the detained person.

6. Where a detainee is to be transferred to prison, the custody officer should inform the detainee’s legal adviser beforehand that the transfer is to take place (including the name of the prison). The custody officer should also make all reasonable attempts to inform:

family or friends who have been informed previously of the detainee’s detention; and

the person who was initially informed of the detainee’s detention in accordance with paragraph 5.1.

7. Any decision not to transfer a detained person to a designated prison under paragraph 1, must be recorded, along with the reasons for this decision. If a request under paragraph 1(a) is not accommodated, the reasons for this should also berecorded.

J1 Transfer to prison is intended to ensure that individuals who are detained for extended periods of time are held in a place designed for longer periods of detention than police stations. Prison will provide detainees with a greater range of facilities more appropriate to longer detention periods.

J2 This Code will only apply as is appropriate to the conditions of detention during the period of transit. There is obviously no requirement to provide such things as bed linen or reading materials for the journey between prison and police station.