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AN EXAMINATION OF THE REVISED (DECEMBER 2023) CODES D, E AND G OF THE CODES OF PRACTICE UNDER PACE – WEDNESDAY 26th JUNE 2024

 

THIS PRESENTATION FOLLOWS ON FROM THE EARLIER ONE IN THE MONTH WHICH DEALT PURELY WITH CODE C

 

The 1-hour zoom presentation will take you through 30 IMPORTANT THINGS you really ought to know about CODES D, E AND G

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

CODE D

1 – What are the various methods of identification available to the police covered by Code D?

2 – What is the definition/significance of something being a Recordable Offence in Code D? (Notes for Guidance 4A)

3 – What is the significance of something being a Qualifying Offence under Section 65A of PACE? (Notes for Guidance 4AB + see Annex F as regards retention of fingerprints and DNA)

4 – Can a non-intimate sample be taken from a person (e.g. a volunteer) where that person has simply been informed that they will be reported for consideration of prosecution regarding a Recordable Offence? (6.6 (d))

5 – What are the pre-requisites under the Code in relation to the taking of an intimate sample? (6.2 and beyond)

6 – What are the pre-requisites under the Code in relation to the taking of a non-intimate sample? (6.5 and beyond)

7 – What is the position concerning a request for a non-intimate sample where the client has been bailed in the proceedings? (6.6 (c))

8 – In what circumstances may there be a request by the police for a person to attend at the police station in order to provide fingerprints and a photograph and a non-intimate sample? (See Section 63 (A) 4 of PACE + Schedule 2A of PACE + 4.4 + Annex G)

9 – Where do marks/scars/tattoos fit in as regards identification? (See Section 54A of PACE and 1.6 of Code D)

10 – In what circumstances may the police show photographs to an eye witness? (3.3 + ANNEX E)

11 – What steps may the police take where the identity of the suspect is NOT KNOWN? (3.2)

12 – What should the police do where the suspect is KNOWN? (3.1A)

13 – We know that the Code covers the various methods of visual identification but does the Code also cover voice identification? (1.2 + Notes for Guidance + Home Office Circular 57/2003)

14 – What is the position with consent, in circumstances where consent is a pre-requisite under the Code, when your client is a juvenile? (2.12 + Notes for Guidance 2A)

15 – What does the Code say the police must do as regards a 1st description given by a witness? (3.1)

16 – Would it be lawful for your client simply to be Confronted by the witness in his/her cell and would it possible for your client simply to turn away and face the wall? (ANNEX D)

17 – In what way is Recognition very different from Identification? (1.2A + Part B of Section 3 of the Code)

18 – For how long may the police Retain the fingerprints and DNA of a client? (Annex F) – as a result of amendments brought about in this area by the Protection of Freedoms Act 2012

19 – What is the legal position regarding the Taking and Retention of fingerprints and a DNA sample in relation to non-recordable offences? (ANNEX F)

20 – In what circumstances are the police entitled to take footwear impressions from your client in connection with a criminal investigation? (4.15)

CODE E

21 – Can your client refuse to be interviewed? (2.3 (e))

22 – In what circumstances is your client entitled to a copy of the recording of the interview? (3.4 (e) + 3.21)

23 – What does the Code say about the power to issue Penalty Notices? (Notes for Guidance 6 – the very last page of the Code (page 19))

24 – What is the overriding presumption in the Code about the usage of an authorised audio- recording device? (2.1 and beyond)

25 – What is the position where the suspect or any 3rd party refuses to sign the master recording label? (3.20)

CODE G

26 – Where will you find the statutory power of arrest? (1.3)

27 – What is the definition of an OFFENCE? (Notes for Guidance 1 in relation Part 4 of the Code (page 8)

28 – Do we have ARRESTABLE and NON-ARRESTABLE offences? (1.3 + 2.6)

29 – What are the ‘elements’ of a lawful arrest? (2.1)

30 – Where will you find the NECESSITY CRITERIA? (2.7 + 2.9 + Section 24 of PACE) and what do we mean by necessary in these circumstances (Notes for Guidance 2C relating to Part 4 of the Code (page 10))

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