Code C: Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers

Code C is the most extensive of the PACE Codes and governs the detention, treatment, and questioning of persons held at police stations. It sets out the rights of detainees, including the right to have someone informed of their arrest, the right to consult a solicitor in private, and the right to consult the code itself. The code covers the role of the custody officer, the conditions in which detainees must be held, the rules governing interviews, and the protections for vulnerable detainees including juveniles and those with mental health conditions. Code C does not apply to persons detained under section 41 of the Terrorism Act 2000: PACE Code H applies instead.

Key Sections

2 Custody records: A custody record must be opened for every person brought to a police station under arrest or who is detained there. The record must document the grounds for detention, all significant events, the detainee's rights, and any requests made. The detainee is entitled to a copy of their custody record within 12 months of leaving custody.

3 Initial action: The custody officer must inform the detainee of their rights: the right to have someone told of their arrest, the right to free legal advice, and the right to consult the codes of practice. The detainee must be given a written notice of these rights. A risk assessment must be carried out to identify any health, welfare, or safety concerns.

5 Right to have someone informed of arrest: A detainee may have one person told of their whereabouts as soon as is practicable. This right may be delayed for up to 36 hours in the case of an indictable offence if an officer of inspector rank or above reasonably believes it would interfere with the investigation.

6 Right to legal advice: All detainees must be informed of their right to free and independent legal advice and must be given access to a solicitor before interview. The right to legal advice can only be delayed in very limited circumstances involving indictable offences and a senior officer's authorisation.

8 Conditions of detention: Cells must be adequately heated, lit, and ventilated. Detainees must be provided with bedding, access to toilet and washing facilities, and at least two light meals and one main meal per 24 hours. A detainee must be visited by the custody officer at least every hour.

10 Cautions: Before questioning a person about their involvement in an offence, they must be cautioned: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." A caution must be given on arrest, before interview, and when charging.

11 Interviews in general: Interviews must be conducted fairly. No oppression, threats, or inducements may be used. The interview must be contemporaneously recorded or audio recorded. A detainee must be told the purpose of the interview. Rest periods must be observed and interviews must not take place if the detainee is not in a fit state.

13 Interpreters: A detainee who does not speak or understand English, is deaf, or has speech difficulties must be provided with an interpreter for interviews, the reading of any document, and any caution. The interpreter must be independent of the investigation.