PACE Pt-5

Last week we looked at Code C which is the Code of Practice permitted by section 66 and 67 of PACE. It was noted that this code of practice is associated with the use of sections 76 (confessions) and 78 (exclusion of unfair evidence) in England and was deemed by their Lordships of the Privy Council not relevant to SVG. Code C actually replaced the Judges’ Rules and Administrative Direction as a guide to detention for usage by police officers in England.{{more}}

The custody record

Pursuant to Code C there must be a custody officer who must prepare the custody record. The custody record is essentially a time sheet of events which must be signed by the custody officer and the arrested or detained person. If the person refuses to sign the record, the non-action must be recorded. Matters that must be recorded include grounds of detention; receipt of notices of the rights by the suspect, details of intimate search including strip search and the reason for it; request to inform friends or relatives; any letter, message or telephone calls made or received; action taken for any legal advice.; grounds for delaying access to legal advice; details of complaint from suspect; meals served; any medical treatment received; caution administered; record of and interview among others

Notices

The custody officer must give a written notice of rights of the person under investigation- the right to a copy of the record, the right to caution and the right to legal counsel. An audio version of what transpired must also be available

Conditions of Detention

Code C gives the condition in greater details than “The Judges’ Rules” which preceded it. It requires one person to a cell which was to be kept clean, lit and reasonably clean with access to toilet and washing facilities. .Meals must meet dietary requirements of the individual. .Juvenile must not be kept in cell unless. There is no provision for the use of reasonable force though this was given the pre-2003 provision. .However this is permitted under section 117 of the Act. Medical condition and any ill treatment must be drawn to the attention of the custody officer.

Caution

Before PACE, questioning of the suspect was governed by the Judges’ Rules which were formulated by the Lord Chief Justice on request for guidance in 1906. This request came from the Chief Constable of Birmingham. The Judges’ Rules have been used by territories in the British Empire and continue to be used by police officers in Saint Vincent and the Grenadines. They were reformulated in 1964 and in 1968. As mentioned before Code C and the Judges Rules are similar in many respects but Code C is more detailed. It was because of the inadequacy of the Judges Rules that Code C was introduced.

According to the Judges’ Rules as soon as a police officer has obtained evidence that affords him reasonable grounds for suspecting that a person has committed an offence the suspect should be cautioned.

Caution is given in concise language in the following words; “you are not obliged to say anything unless you wish to do so but what you say may be put in writing and given in evidence against you”. Code C did not change anything but it gives a warning that silence may be interpreted adversely at a later date.

• Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com