B3 A decision to delay access to a specific solicitor is likely to be a rare occurrence and only when it can be shown the suspect is capable of misleading that particular solicitor and there is more than a substantial risk that the suspect will succeed in causing information to be conveyed which will lead to one or more of the specified consequences. EU Directive 2010/64 (see paragraph 13.1), Article 2(6) provides Where appropriate, communication technology such as videoconferencing, telephone or the Internet may be used, unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings. This Article permits, but does not require the use of a live-link, and the following provisions of this Annex determine whether the use of a live-link is appropriate in any particular case. C2 The following is suggested as a framework to help explain changes in the position on drawing adverse inferences if the restriction on drawing adverse inferences from silence: The caution you were previously given no longer applies. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least inspector rank considers this is not practicable and the search is to take place under paragraph 2(a)(i), in which case a police officer may carry out the search. An interviewer who has any doubts about whether and what arrangements for an interpreter must be made or about how the provisions of this section should be applied to a suspect who is not under arrest should seek advice from an officer of the rank of sergeant or above. (b) has been charged with any other offence and a police officer of inspector rank or above, who has reasonable grounds for suspecting that the detainees misuse of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken. 6. (b) understanding and seeking clarification from the interviewer of questions asked during an interview conducted and recorded in accordance with Code E or Code F and of anything else that is said by the interviewer and answering the questions. 3. This paragraph does not require an appropriate adult to be called solely to assist in checking and signing documentation for a person who is not a juvenile, or is not vulnerable (see paragraph 3.15 and Note 13C). (e) a record is being made of the interview and it may be given in evidence if they are brought to trial. See Note 9F. 3.19 If the detainee, or appropriate adult on the detainees behalf, asks for a solicitor to be called to give legal advice, the provisions of section 6 apply (see paragraph 6.5A and Note 3H). This statement may be given in evidence.; 5. 11E Significant statements described in paragraph 11.4 will always be relevant to the offence and must be recorded. However, the officer or designated person given custody remains responsible for making sure the procedures and tasks are carried out correctly in accordance with the Codes of Practice (see paragraph 3.5 and Note 3F). This definition applies for the purposes of the detention and bail provisions in sections 34 to 51 of PACE. Absolutely! Every reasonable effort shall be made to secure the detainees co-operation, maintain their dignity and minimise embarrassment. 15.11 C For the purpose of paragraph 15.7A and the hearing of an application to a magistrates court under PACE, section 43 for a warrant of further detention to extend detention without charge of a person arrested for an indictable offence, or under PACE, section 44, to extend or further extend that warrant, the magistrates court may give a direction that a live link (see paragraph 1.13(e)(iv)) be used for the purposes of the hearing if, and only if, the following conditions are satisfied: (i) the custody officer considers that the use of the live link for the purpose of the hearing is appropriate (see Note 15H); (ii) the detainee in question has requested and received legal advice on the use of the live link (see paragraph 15.4); (iii) the detainee has given their consent to the live link being used (see paragraph 15.11D); and. 13.12 In this section and in Annex N, live-link interpretation means an arrangement to enable communication between the suspect and an interpreter who is not physically present with the suspect. If the arresting officer is not physically present when the detainee is brought to a police station, the arresting officers account must be made available to the custody officer remotely or by a third party on the arresting officers behalf. 15.9A PACE, section 45A(2) provides that the officer responsible under section 40 for reviewing the detention of a person who has not been charged, need not attend the police station holding the detainee and may carry out the review using a live link. Euro Foods Group Ltd. Euro Foods Group Ltd is one of the largest distributors of frozen foods in the UK. Such a request should be acted upon as soon as practicable. 9. 1GB The Mental Health Act 1983 Code of Practice at page 26 describes the range of clinically recognised conditions which can fall with the meaning of mental disorder for the purpose of paragraph 1.13(d). As soon as practicable after the translation has been created, whilst the person is detained or after they have been released (see Note M3). Web With Pace Taco Complete Mild Original, Making Tacos Has Never Been So Easy. The request may be refused if the officer is satisfied that the translation requested is not essential for the purposes described in paragraph 1 above. See Notes 1A and 1K. I understand that I do not have to say anything. It also enables adult women to speak in private to a female officer about their requirements for menstrual products if they decline to respond to the more direct enquiry envisaged under paragraph 9.3B. Examples include persons: (a) arrested on warrant because they failed to answer bail to appear at court; (b) arrested under the Bail Act 1976, section 7(3) for breaching a condition of bail granted after charge; (c) in police custody for specific purposes and periods under the Crime (Sentences) Act 1997, Schedule 1; (d) convicted, or remand prisoners, held in police stations on behalf of the Prison Service under the Imprisonment (Temporary Provisions) Act 1980, section 6; (e) being detained to prevent them causing a breach of the peace; (f) detained at police stations on behalf of Immigration Enforcement (formerly the UK Immigration Service); (g) detained by order of a magistrates court under the Criminal Justice Act 1988, section 152 (as amended by the Drugs Act 2005, section 8) to facilitate the recovery of evidence after being charged with drug possession or drug trafficking and suspected of having swallowed drugs. A1 Before authorising any intimate search, the authorising officer must make every reasonable effort to persuade the detainee to hand the article over without a search. a person with a criminal record is unlikely to be suitable unless the conviction was for a minor offence and not recent. Records entered on computer shall be timed and contain the operators identification. 4. This would include any solicitor, appropriate adult and health care professional and is particularly relevant to communication by telephone or by means of a live link (see paragraphs 12.9A (interviews), 13.12 (interpretation), and 15.3C, 15.11A, 15.11B, 15.11C and 15.11D (reviews and extension of detention)). These rights may also be delayed if the officer has reasonable grounds to believe that: (i) the person detained for an indictable offence has benefited from their criminal conduct (decided in accordance with Part 2 of the Proceeds of Crime Act 2002); and. 3C If the juvenile is in local authority or voluntary organisation care but living with their parents or other adults responsible for their welfare, although there is no legal obligation to inform them, they should normally be contacted, as well as the authority or organisation unless they are suspected of involvement in the offence concerned. 13.11 The following must be recorded in the custody record or, as applicable, the interview record: (a) Action taken to arrange for an interpreter, including the live-link requirements in Annex N as applicable; (b) Action taken when a detainee is not satisfied about the standard of interpretation or translation provided, see paragraphs 13.10A and 13.10C; (c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in the absence of an interpreter; (d) When a detainee has been assisted by an interpreter for the purpose of providing or being given information or being interviewed; (e) Action taken in accordance with Annex M when: a written translation of an essential document is provided; an oral translation or oral summary of an essential document is provided instead of a written translation and the authorising officers reason(s) why this would not prejudice the fairness of the proceedings (see Annex M, paragraph 3); a suspect waives their right to a translation of an essential document (see Annex M, paragraph 4); when representations that a document which is not included in the table is essential and that a translation should be provided are refused and the reason for the refusal (see Annex M, paragraph 8). Skillet Recipes With only one pan to clean and little prep these recipes are win-win for any busy weeknight. In cases of doubt, an officer of inspector rank or above should be consulted. The authorising officer may, however, refuse to hear oral representations from the detainee if the officer considers them unfit to make representations because of their condition or behaviour. 12.9 B When a suspect detained at a police station is interviewed using a live link in accordance with paragraph 12.9A, the officer given custody of the detainee at the police station and the interviewer who is not present at the police station, take over responsibility for ensuring compliance with the provisions of sections 11 and 12 of this Code, or Code E (Audio recording) or Code F (Audio visual recording) that govern the conduct and recording of that interview. Any refusal to sign shall be recorded. 9.5 B The custody officer must also consider the need for clinical attention as set out in Note 9C in relation to those suffering the effects of alcohol or drugs. 15.11 A For the purpose of paragraphs 15.2 and 15.2A, a superintendent who is not present at the police station where the detainee is being held but who has access to the use of a live link (see paragraph 1.13(e)(iii)) may, using that live link, give authority to extend the maximum period of detention permitted before charge, if, and only if, the following conditions are satisfied: (i) the custody officer considers that the use of the live link is appropriate (see Note 15H); (ii) the detainee in question has requested and received legal advice on the use of the live link (see paragraph 15.4). (c) if no person falling within (a) or (b) above is available, any responsible person aged 18 or over who is not: under the direction or control of the chief officer of police force; or. [The regulations are currently contained in regulation SI 2001 No. 6.17 A record shall be made in the interview record if a detainee asks for legal advice and an interview is begun either in the absence of a solicitor or their representative, or they have been required to leave an interview. If the questions are audibly recorded or visually recorded the arrangements in Code E or F apply. 7. If the person has not been charged with, or informed they may be prosecuted for, any offence to which the statement they want to make relates they shall, before starting, be asked to sign, or make their mark, to the following: (a) unless the statement is made at a time when the restriction on drawing adverse inferences from silence applies, see Annex C: I,. 6.12 A An accredited or probationary representative sent to provide advice by, and on behalf of, a solicitor shall be admitted to the police station for this purpose unless an officer of inspector rank or above considers such a visit will hinder the investigation and directs otherwise.
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