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Police Law - Ninth Edition

Chapter 4 - Police Questioning and the Rights of Suspects

Chapter 4 - Police Questioning and the Rights of Suspects

Introduction p 98

References in Code C (hereafter the Detention Code) to the term 'custody officer' include any police officer, or designated staff custody officer acting in the exercise or performance of the powers and duties conferred or imposed on him by his designation. The designation of police staff custody officers applies only in police areas where an order commencing the provisions of the Police Reform Act 2002, s 38 and Sch 4 for designating police staff custody officers is in effect. [Detention Code, para 1.9 and guidance note 1J] The statutory provisions relating to staff custody are not yet in force.

[Added September 2006]
Throughout this chapter references to any procedures (as opposed to law) dealt with under Code C which involve action to be taken by police officers in respect of terrorism no longer apply. People detained under the Terrorism Act 2000, Sch 8 and s 41 and other provisions of that Act are no longer subject to any part of Code C. Such persons are subject to the Code of Practice for detention, treatment and questioning of persons by police officers detained under that Act, a new Code H.

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Role of 'the appropriate adult' p 110

An appropriate adult is not subject to legal privilege. [Detention Code, guidance note 1E]

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Tape recorded interviews p 115

Throughout the text dealing with the tape recording of interviews, Code E, formerly known as the Tape Recording Code, has been renamed the Code of Practice on Audio Recording Interviews with Suspects (hereafter the Audio Recording Code). has been amended to refer to 'audio recording' of interviews. This is in recognition of the fact that audio-recorded interviews are not solely conducted by means of tape recorders. The revised Audio Recording Code includes a definition of the term 'recording media' (which replaces references to 'tapes') as meaning any removable, physical audio recording medium (such as magnetic type, optical disc or solid state memory) which can be played or copied.

In consequence references to 'tapes' are replaced by references to 'recording media' and the term 'deck' (which referred to single and double deck tape recorders) is amended to read 'deck/drive' to include alternative means of recording.

The provisions of Code F, Code of Practice on Visually Recording with Sound of Interviews with Suspects (the Visual Recording Code) are amended in relation to complaints made concerning such interviews -

Where a person raises objections to an interview being visually recorded the interviewer must explain that that the objection must be recorded on the visual recording, his objections should be recorded on the visual recording. When this has been done, or the person refuses to have his objections so recorded, the interviewer must say that he is turning off the recorder, giving his reasons for doing so, and turn it off. If a separate audio recording is being made, the interviewer must ask the person to record the reasons for refusal to agree to visual recording. If the person objects to audio recording, the relevant provisions of the Audio Recording Code (objections and complaints by suspects: see p 115 will apply. [Visual Recording Code para 4.8]

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Interpreters p 121

Add at the end of this page, insert after '(NRPSI)' -

'or the Council for the Advancement of Communication with Deaf People (CADCP) Directory of British Sign Language/English Interpreters. Detention Code para 13.1]'

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Delay p 123

Delete 'a serious arrestable offence' and insert 'indictable offence'.

Revisions consequent upon Codes of Practice 2005

References to 'taped' records throughout Chapter 4 are replaced by references to 'records made in accordance with the Audio Recording and Visual recording Codes'.