Police Custody Rights Explained

Summary

In England, if a suspect in custody claims withdrawal symptoms, the custody officer must seek medical advice, even without visible symptoms, under PACE Code C. The general duty of care is outlined in paragraph 9.3, ensuring detainee welfare. Suspects have the right to legal advice, and denial can breach PACE guidelines. If rights are breached, document the incident, complain to the police, and contact the IOPC.

Full Conversation

What section of PACE is this under?
The relevant section of the Police and Criminal Evidence Act (PACE) is Section *, which deals with the treatment of detained persons and requires a custody officer to ensure the welfare of detainees, including obtaining medical treatment when necessary.
Would you like more details about police custody rights?
But section * is for searching the suspect
You are correct that Section * of PACE primarily deals with the searching of detained persons. The duty of care, including obtaining medical treatment, is covered under Code C of PACE, specifically paragraph *.*.
Would you like more details about Code C and its implications for detainees?
But that's if the suspect 'appears' to need clinical attention
It's true that Code C of PACE, specifically paragraph *.*, addresses the need for medical attention if a detainee appears to need it. However, the custody officer has a general duty of care, which means seeking medical advice if a detainee claims to experience withdrawal.
Would you like to know more about the specific responsibilities of custody officers under PACE?
What section is the general duty of care?
The general duty of care for custody officers under the Police and Criminal Evidence Act (PACE) is found in Code C. Specifically, paragraph *.* states that custody officers must ensure the health, safety, and welfare of detainees.
Would you like more details about the responsibilities of custody officers under PACE?
Okay thank you
It appears you have a good understanding of the situation regarding the duty of care in police custody. If you need further clarification or have any additional questions about the responsibilities of custody officers or your rights under PACE, feel free to ask.
If a suspect asks for a brief in custody interview, but interviewer says no, is that a breach of PACE?
- Under PACE, a suspect has the right to legal advice.
- Code C, paragraph *.* states detainees must be allowed to consult with a solicitor at any time.
- Denying a brief with legal representation can be a breach of PACE guidelines.
Would you like more details on the rights of detainees under PACE?
Thank you
A suspect has the right to legal advice under PACE, and denying this can be a breach of their rights.
Would you like more information on how to proceed if your rights have been breached or any other aspect of PACE?
Yes please
If a suspect's right to legal advice has been breached, it is a significant issue. Here are some steps you can take:
- Document the Incident: Note down all details of what happened, including names, dates, and times.
- Complain to the Police: You can file a formal complaint with the police force involved.
- Contact the Independent Office for Police Conduct (IOPC): They handle complaints against the police.
Would you like specific details on how to lodge a complaint with the IOPC?
No thanks
It seems like you have a good understanding of your rights under PACE. If you have any further questions or need more detailed guidance on police custody rights or any other legal matters, feel free to ask!