PACE Code C: Your Rights in Police Custody

What Is PACE Code C?

PACE is the Police and Criminal Evidence Act 1984. Section 66 says the Secretary of State "shall issue codes of practice in connection with", among other things, "the detention, treatment, questioning and identification of persons by police officers".^[5] Code C is the code for detention, treatment and questioning. The current version is dated December 2023 and, in its own words, "applies to people in police detention after 00:00 on 20 December 2023".^[1]

In practice it is the rulebook for the custody suite: what you must be told, what you're entitled to, and how interviews must be run. Paragraph 1.2 says the Code "must be readily available at all police stations for consultation by" police officers, police staff, detained persons and members of the public.^[1] The Annexes are part of the Code; the Notes for Guidance are guidance on how to apply it (para 1.3).^[1]

What you must be told when you arrive

Under paragraph 3.1, when you are brought to a police station under arrest (or arrested there after attending voluntarily), the custody officer "must make sure the person is told clearly about" these continuing rights, "which may be exercised at any stage during the period in custody":^[1]

• the right to consult privately with a solicitor, and that free independent legal advice is available;
• the right to have someone informed of your arrest;
• the right to consult the Codes of Practice; and
• if applicable, the right to interpretation and translation, and to communicate with your High Commission, Embassy or Consulate.

You must also be told about the offence you are arrested for and why you have been arrested and detained (para 3.1(b)). Paragraph 3.2 says you must be given a written notice setting out your rights, the arrangements for legal advice, your right to a copy of the custody record, your right to remain silent and your right to see documents essential to challenging the lawfulness of your arrest and detention.^[1] The Home Office notice of rights and entitlements is that notice in plain language.^[8]

Your Core Rights Under Code C

1. Right to Free Legal Advice

Paragraph 6.1: "Unless Annex B applies, all detainees must be informed that they may at any time consult and communicate privately with a solicitor, whether in person, in writing or by telephone, and that free independent legal advice is available."^[1] PACE section 58(1) gives the same right in statute: a person arrested and held in custody "shall be entitled, if he so requests, to consult a solicitor privately at any time".^[6]

The advice is free. The Legal Aid Agency's contract says "There is no Financial Eligibility Test" for police station advice and assistance (Spec para 9.9).^[9] If you ask for a solicitor, paragraph 6.5 says the custody officer "must act without delay to secure the provision of such advice", and paragraph 6.6 says you "may not be interviewed or continue to be interviewed" until you have received it, subject to limited exceptions.^[1] For a juvenile or vulnerable person, if the person says they do not want legal advice, the appropriate adult "has the right to ask for a solicitor to attend if this would be in the best interests of the person" (para 6.5A).^[1]

When can access be delayed? Only under Annex B. It applies where you are detained for an indictable offence, have not been charged, and an officer of superintendent rank or above has reasonable grounds for believing that letting you see a solicitor will lead to interference with or harm to evidence connected with an indictable offence, interference with or physical harm to other people, alerting other suspects not yet arrested, or hindering the recovery of property obtained by the offence. There is a further ground linked to recovering the proceeds of crime.^[1] Even then, PACE section 58(5) says you "must be permitted to consult a solicitor within 36 hours from the relevant time".^[6]

2. Right to Have Someone Informed

Paragraph 5.1: you may, on request, "have one person known to them or likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable". If that person cannot be contacted you may choose up to two alternatives.^[1] This right can also be delayed under Annex B, where an inspector can authorise the delay.^[1]

3. Right to Consult the Codes of Practice

You can ask to consult the Codes of Practice at any stage in custody (para 3.1). Note 3D says this does not entitle you "to delay unreasonably any necessary investigative or administrative action", for example breath, blood or urine procedures under the Road Traffic Act 1988.^[1]

Conditions of Detention

Section 8 of Code C sets minimum standards for your physical conditions:^[1]

Cells, bedding and washing

• "Cells in use must be adequately heated, cleaned and ventilated" and adequately lit, with dimming so that people held overnight can sleep (para 8.2).
• Bedding must be "of a reasonable standard and in a clean and sanitary condition" (para 8.3).
• "Access to toilet and washing facilities must be provided. This must take account of the dignity of the detainee" (para 8.4).
• Brief outdoor exercise "shall be offered daily if practicable" (para 8.7).

Meals and drinks

• "At least two light meals and one main meal should be offered in any 24-hour period" (para 8.6).
• "Drinks should be provided at meal times and upon reasonable request between meals" (para 8.6).
• As far as practicable, meals should "meet any specific dietary needs or religious beliefs the detainee may have" (para 8.6).

The Home Office notice puts it as: "You must be offered 3 meals a day with drinks. You can also have drinks between meals."^[8]

Rest

Paragraph 12.2: "in any period of 24 hours a detainee must be allowed a continuous period of at least 8 hours for rest, free from questioning, travel or any interruption in connection with the investigation concerned." It should normally be at night or at another time that takes account of when you last slept.^[1] It may be interrupted or delayed only on the grounds listed, including where there are reasonable grounds to believe not doing so would involve a risk of harm to people or serious loss of or damage to property, delay your release unnecessarily or otherwise prejudice the investigation, or at your request or the request of your appropriate adult or legal representative.^[1]

Medical care and medication

• The custody officer "must make sure a detainee receives appropriate clinical attention as soon as reasonably practicable" if you appear to be physically ill, are injured, appear to be suffering from a mental disorder, or appear to need clinical attention (para 9.5). This applies even if you do not ask (para 9.5A).
• If you need to take medication prescribed before your detention, the custody officer must consult the appropriate healthcare professional first, and is responsible for making sure you are given the opportunity to take prescribed or approved medication (para 9.9).

The Home Office notice adds that medical help in custody is free and "A nurse will usually see you first, but the police will send for a doctor if you need one."^[8]

Reviews of detention

Paragraph 15.1: the review officer "is responsible under PACE, section 40 for periodically determining if a person's detention, before or after charge, continues to be necessary".^[1] For the time limits and review timetable, see custody time limits.

Interview Rules

• What counts as an interview: "the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences which ... must be carried out under caution" (para 11.1A). Before interview, you and your solicitor must be given sufficient information to understand the nature of the offence and why you are suspected.^[1] See interview rights.
• Caution: a suspect must be cautioned before questions about an offence are put if the answers or silence may be given in evidence (para 10.1). The caution is: "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." (para 10.5)^[1]
• No oppression: "No interviewer may try to obtain answers or elicit a statement by the use of oppression" (para 11.5).^[1]
• Breaks: breaks should be made at recognised meal times, and "Short refreshment breaks shall be provided at approximately two hour intervals", which the interviewer may delay only on limited grounds (para 12.8).^[1]
• Your solicitor: a solicitor "may only be required to leave the interview if their conduct is such that the interviewer is unable properly to put questions to the suspect" (para 6.9).^[1]
• Recording: audio and video recording of interviews is covered by PACE Codes E and F.^{[3] [4]}

Juveniles, vulnerable people and interpreters

• Under 18s: anyone who appears to be under 18 is treated as a juvenile unless there is clear evidence that they are older (para 1.5).^[1]
• Vulnerable people: if an officer has any reason to suspect that a person of any age may be vulnerable, they must be treated as vulnerable unless there is clear evidence to dispel that suspicion (para 1.4).^[1]
• Appropriate adult: a juvenile or vulnerable person "must not be interviewed ... in the absence of the appropriate adult" unless the urgent-interview exceptions in paragraphs 11.1 or 11.18 to 11.20 apply (para 11.15). In interview the appropriate adult is "not expected to act simply as an observer"; their role is to advise the person, observe whether the interview is being conducted properly and fairly, and help communication (para 11.17).^[1] See appropriate adults.
• Interpreters: if you do not appear to speak or understand English, or have a hearing or speech impediment, the custody officer must arrange an interpreter without delay for booking-in (para 3.12). Unless an urgent-interview exception applies, you must not be interviewed without someone capable of interpreting (para 13.2).^[1]

What Happens If Police Breach Code C?

• The court must take it into account: PACE section 67(11) says the Codes are admissible in evidence, and a relevant provision "shall be taken into account in determining that question".^[7]
• Evidence can be excluded: under section 78 the court "may refuse to allow evidence on which the prosecution proposes to rely" if, having regard to all the circumstances, including how it was obtained, admitting it "would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it". This is a power, not an automatic rule.^[2]
• No automatic claim against the officer: section 67(10) says a failure to comply with a Code "shall not of itself render him liable to any criminal or civil proceedings".^[7]
• Tell your solicitor: if you think the rules were not followed, say so, so it can be raised and recorded.

Practical Tips

1. Ask for a solicitor: it is free, and the police should not interview you until you have had advice unless an exception applies.
2. Read the notice of rights: you should be given it at booking-in.
3. Tell the custody officer about health needs and medication so clinical attention can be arranged.
4. Keep track of time: note when you arrived, when you last ate and when you last rested.
5. Speak up: if conditions or treatment seem wrong, tell your solicitor.