Custody and detention

Can a rep see the whole custody record when they arrive?

What are reps entitled to see on the custody record, and when?

Asked by PoliceStationRepUK team

1 answer

• Yes. PACE Code C paragraph 2.4 says the detainee's solicitor must be allowed to inspect the whole custody record as soon as practicable after arriving at the station, and at any other time on request while the person is detained. This includes the recorded reasons for arrest and the grounds for each authorisation of detention. "Solicitor" in Code C includes accredited and probationary representatives on the Legal Aid Agency's register (paragraph 6.12). Access is arranged with the custody officer and must not unreasonably interfere with their duties. Useful things to note early are the grounds for arrest and detention, the time detention was authorised, welfare entries, and whether an appropriate adult or interpreter is needed. After release, the detainee or their legal representative can ask for a copy of the record for 12 months (paragraph 2.4A).

  Sources: PACE Code C (2023), paras 2.4, 2.4A and 6.12

  PoliceStationRepUK team

Peer discussion only, not legal advice. Check current rules and guidance.

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