PACE Code C: Your Rights in Police Custody

What Is PACE Code C?

PACE Code C is one of several Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE). It specifically deals with the detention, treatment and questioning of persons by police officers.^[1]

Every custody suite in England and Wales must operate in accordance with Code C. It sets minimum standards for how you should be treated while in police detention and provides important protections against abuse of power.

Your Core Rights Under Code C

1. Right to Free Legal Advice

You are entitled to free, independent legal advice at any time during your detention. This includes:

• A private consultation with a solicitor before interview
• A solicitor present during interview
• Further consultations as needed
• The duty solicitor if you don't have your own solicitor

The custody officer must inform you of this right and record your decision. Delaying access to a solicitor is only permitted in limited, exceptional circumstances set out in the Codes.^[1]

2. Right to Have Someone Informed

You have the right to have one person informed of your whereabouts. This can only be delayed in specific circumstances (serious arrestable offences where it might lead to interference with evidence or alerting other suspects).

3. Right to Consult the Codes of Practice

You can ask to see a copy of the Codes of Practice at any time. The custody officer should make this available.

Conditions of Detention

PACE Code C sets minimum standards for your physical conditions in custody:

Rest Periods

• Except in limited circumstances, a continuous period of at least 8 hours for rest in any 24-hour period (Code C, para 12.2).^[1]
• Rest should be uninterrupted unless required for the investigation

Meals and Refreshments

• At least two light meals and one main meal should be offered in any 24-hour period (Code C, para 8.6).^[1]
• Drinks should be provided at meal times and upon reasonable request between meals (Code C, para 8.6).^[1]
• Dietary and religious requirements should be met

Cell Conditions

• Cells must be adequately heated, cleaned and ventilated
• Access to toilet facilities
• Clean bedding if detained overnight
• Reasonable privacy during washing

Medical Care

• Access to medical attention if you're unwell or injured
• Regular medication if required
• Healthcare professional assessment if needed

Interview Rules

Code C contains detailed rules about how interviews must be conducted:

• Caution: You must be cautioned before questioning
• Recording: audio/video recording is covered by PACE Codes E and F.^{[3] [4]}
• Breaks: short refreshment breaks shall be provided at approximately two-hour intervals (Code C, para 12.8).^[1]
• Oppression: Interviewing officers must not use oppressive techniques
• Vulnerable persons: Additional protections apply (appropriate adult)

Special Categories

PACE Code C provides enhanced protections for:

• Under 18s: Must have an appropriate adult present
• Vulnerable adults: Mental health or learning difficulties require appropriate adult
• Non-English speakers: Right to an interpreter
• Hearing/speech impaired: Appropriate communication support

What Happens If Police Breach Code C?

PACE Code C breaches can have significant consequences:

• Evidence exclusion: if the way evidence was obtained is unfair, the court has a power to exclude it under PACE section 78.^[2]
• Custody record: if you believe rules were not followed, tell your solicitor so it can be raised and recorded appropriately.

Practical Tips

1. Request a solicitor: This is your most important protection
2. Ask about your rights: The custody officer should explain them
3. Speak up: If conditions are unacceptable, tell your solicitor
4. Keep track of time: Know when you arrived and when breaks are due
5. Request meals: Don't miss designated mealtimes