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AN EXAMINATION OF THE REVISED (DECEMBER 2023) CODE C OF THE CODES OF PRACTICE UNDER PACE –  FRIDAY 14th  JUNE 2024

WE ALL HAVE GOOD INTENTIONS ABOUT READING CODE C BUT SOMEHOW WE NEVER QUITE GET ROUND TO DOING SO…………..

This 1-hour zoom presentation will take you through 30 IMPORTANT THINGS you really ought to know about CODE C

Have a look at the 30 THINGS below and see if knowing about them would assist when looking after clients at the police station stage – you might consider, after scanning them, that this is a presentation that you should book on or, after the event a recording that you should purchase.

30 THINGS

1 – What is the precise position regarding Appropriate Adults and legal privilege (Notes for Guidance 1E)?

2 – What is the precise position regarding viewing the Custody Record (2.4)?

3 – What is the position regarding having a copy of the Custody Record (2.4A)?

4 – Is the Custody Officer permitted to question the detainee regarding their involvement in an offence (3.4)?

5 – What does the Code say about the ARREST of a VOLUNTEER (3.21)?

6 – Must the Custody Record contains details of the property the detained person has with him or had taken from him upon arrest (4.4)?

7 –  Does the client have a right to a phone call whilst detained (5.6)?

8 – Are the police entitled to listen in to phone calls made by the client (5.7)?

9 – In what circumstances may access to a Solicitor be denied (6.1+ Annex B)?

10 – What does the Code say about the detainee who CHANGES THEIR MIND about wanting legal advice (6.6 (d)?

11 – In what circumstances may a Solicitor be required by the police to leave the interview (6.9 onwards)?

12 – Can an Inspector refuse entry to a Probationary or Accredited Representative (6.12)?.

13 – Is there a duty upon the police to inform your client that you have now arrived at the police station and would wish to speak with him (6.5 + Notes for Guidance 6A)?

14 – What is your role in the police station (Notes for Guidance 6D)?

15 – What does the Code say should happen if an officer of at least Inspector rank considers that a particular Solicitor or a firm of Solicitors is persistently sending Probationary Representatives who are unsuitable to provide legal advice (Notes for Guidance 6F)?

16 – What does the Code say about CONFLICT where you have arrived to represent a number of clients in the case (Notes for Guidance 6G)?

17 – Is the client entitled to a private phone call with his/her Solicitor (Notes for Guidance 6J)?

18 – In what circumstances must a CAUTION be administered (10)?

19 – What INFORMATION by way of DISCLOSURE is an arrested person entitled to in order to understand why they have been arrested (Notes for Guidance 10B)?

20 – Do Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 apply to volunteers (Notes for Guidance 10F)?

21 – Would it be lawful to interview your client concerning a breach of bail conditions under Section 7 of the Bail Act 1976 (11.1 A)?

22 – What does Code C say about the amount of DISCLOSURE that you should be provided with prior to the interview (11.1 A)?

23 – At what point must an interview cease (11.6)?

24 – Is the consent of your client required in order for an interview to take place (12.5)?

25 – The client has been arrested by one police force and detained pending the arrival of officers from another police force to come and take him to their police station – what is the position with the Detention Clock in these circumstances (14.1)?

26 – Does the PACE clock still run whilst your client is in hospital (Notes for Guidance 14A)?

27 – Can adverse inferences be drawn from silence at charge (16.2)?

28 – Can a detainee be interviewed about an offence after they have just been CHARGED with it (16.5)?

29 – Is your client’s consent required before an INTIMATE SEARCH may be carried out at the police station (Annex A)?

30 – In what circumstances may a client ‘no comment’ the interview at the police station and not be at risk of adverse inferences at trial (Annex C)?

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