C8 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

C1C2C4C5C6C7C9C10C1256 Right to have someone informed when arrested.

C3C111

Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.

C3C112

Delay is only permitted—

a

in the case of a person who is in police detention for F5an indictable offence; and

b

if an officer of at least the rank of F4inspector authorises it.

C3C113

In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the relevant time, as defined in section 41(2) above.

C3C114

An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

C3C115

F1Subject to sub-section (5A) below An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—

a

will lead to interference with or harm to evidence connected with F6an indictable offence or interference with or physical injury to other persons; or

b

will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

c

will hinder the recovery of any property obtained as a result of such an offence.

C11F35A

An officer may also authorise delay where he has reasonable grounds for believing that—

a

the person detained for F7the indictable offence has benefited from his criminal conduct, and

b

the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.

C115B

For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.

C3C116

If a delay is authorised—

a

the detained person shall be told the reason for it; and

b

the reason shall be noted on his custody record.

C3C117

The duties imposed by subsection (6) above shall be performed as soon as is practicable.

C3C118

The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.

C3C119

There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

F210

Nothing in this section applies to a person arrested or detained under the terrorism provisions F9or under section 27 of the National Security Act 2023,F8or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.