The Custody Process: What to Expect

Arrival at a custody suite is the beginning of a formal process regulated in detail by PACE 1984 and Code C of the Codes of Practice. The arresting officer brings the detained person before the custody officer, a sergeant who is independent of the investigation, and gives an account of the reasons for arrest and the grounds for believing detention is necessary. The custody officer must then decide whether to authorise detention or to release the person.

If detention is authorised, the custody officer opens a custody record, a document that records every significant event during the period of detention. The person is searched, and their property is removed and logged. The custody officer must then inform the person of their three key rights: to have someone told of their detention; to consult a solicitor free of charge; and to consult the Codes of Practice. These rights must be communicated in a language the person understands, and an interpreter must be arranged if needed.

A risk assessment is conducted at the point of reception. The custody officer asks questions about the person's health, any medication they take, whether they have consumed alcohol or drugs, and whether they have any vulnerabilities. This information determines what level of supervision is appropriate, whether a healthcare professional should be called, and whether an appropriate adult is needed. All risk assessment information is recorded on the custody record.

Throughout detention, periodic reviews take place to assess whether continued detention remains justified. The person must be offered meals at recognised mealtimes and must be allowed eight hours of uninterrupted sleep in every 24-hour period. If charged, the person is either released on bail or produced before the next available magistrates' court. The custody record is a public document of sorts: the defendant and their solicitor are entitled to copies, and it will be scrutinised if any challenge to the legality or fairness of the detention is raised.