Rights of a Detained Person

 Rights of a Detained Person

 

This is under section 24(A) Code of practice G of the Police and Criminal Evidence Act 1984.

When arrested, citizens usually are taken to a police station. Held in custody in a cell then questioned. Shortly after being taken to the police station, you may be released or charged with a crime.

What are your rights in custody?

The custody officer at the police station must explain your rights. You have the right to

-          Get free legal advice

-          Tell someone where you are

-          Have medical help if you’re feeling ill

-          See the rules the place must follow ‘Codes of Practice’

-          See a written notice telling you about your rights e.g. regular breaks for food and to use the toilet also you can ask for the notice in a different language or an interpreter to explain the notice.

Once in a police station citizens will be searched and your possessions will be kept by the police custody officer while in the cell. Young people under 18 and vulnerable adults are different to normal citizens, the police must contact your parent, guardian or carer as soon as possible.

They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:

-          Your parent, guardian or carer

-          A social worker

-          Another family member or friend aged 18 or over

-          A volunteer aged 18 or over

 

it shall be the duty of the custody officer at a police station to ensure that all persons in police detention at that station are treated in accordance with this Police and Criminal act and code  G of practice issued under it and relating to the treatment of persons in police detention  and that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons.

If the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to the custody of a police officer investigating an offence for which that person is in police detention or to the custody of an officer who has charge of that person outside the police station,

the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection above and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection above.

If the person detained is subsequently returned to the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this section and the codes of practice have been complied with while that person was in his custody.

If an arrested juvenile is moved to local authority accommodation under section 38(6), the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection above.

 Where an officer of higher rank than the custody officer gives directions relating to a person in police detention and the directions are at variance with any decision made or action taken by the custody officer in the performance of a duty imposed on him under this Part of this Act or with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty, the custody officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.