Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain manor and in accordance with the PACE act, some of the processes being more time consuming than others. I will also look at limits of detention and the process of review where the custody officer must work alongside the review officer to determine whether the detainee should be held in custody for a longer period of time to gather further evidence. Under the Policing and Crime Act 2009, the chief officer must appoint one or more custody officers of at least the rank of sergeant for every designated police station in the area. When undertaking the role of custody officer, an important thing to keep in mind is the Human Rights act 1998. The human rights act is an act of parliament that outlines the basic rights every person should have, regardless of race, age, gender or any other factor. (Legislation 1998) It is important for a custody officer to understand the human rights act as detaining a person can be in close breach of some of the articles within the act, for example article three: Prohibition of torture. The custody officer must understand what actions are acceptable and appropriate to undertake when detaining a person. The use of handcuffs is not classed as a breach of article three of the human rights act, however if the custody officer detains a person for legally longer than they are allowed to without extension of the detention period, this can be classed as a breach of this article. The Police and Criminal evidence act sets out the conditions in which a person can be held in police detention. The PACE act is used as guidelines as to how long a person can be detained and under what conditions they must be released. This comes under sections 34 to 51. These sections make up Part IV of the PACE act (1984) and define aspects such as the responsibilities of the custody officer and the amount of time a person can be detained. Within these sections there is also a basic timetable
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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

which is set out. The custody officer follows this in order to make important decisions relating to detention and the detainees charge. The act also defines and explains the process of extending the detention period if needs be and what the steps are that the custody officer must go through to successfully achieve this. Extending the detention period will be a subject I explore further into this essay. The PACE act clearly states that the roles of the investigating officer and the custody officer should be kept separate, whoever does take the role of custody officer, should not be involved in the investigation of the offence the detainee has been arrested for. When a person is in police detention, they have been taken to a police station following arrest, or have attended a police station voluntarily and are then arrested and detained. Nine times out of ten, the detainee will always be taken to and held at a designated police station. This station is designated by the chief officer of police for each area. In some cases, the detainee is sometimes taken or can be taken to a police station that is not designated for the area in which they committed their offence, in the event of this happening; any officer there not involved with the investigation can undertake the role of custody officer, if there is nobody available the investigating officer can perform this duty as a last resort and following this, an officer of the rank of at least inspector should then be contacted and consulted (PACE act 1984). The detainee must also be transferred within six hours of arrival at the undesignated police station unless he or she is released before this time window. However when it comes to terrorism, all police stations are designated to hold a detainee who has been charged with an offence under the Terrorism Act 2000. A police station is chosen by the arresting officer they consider to be the most appropriate and the offender will then be detained. Once in police detention, the suspect cant be released unless its under the authority of the custody officer. The Custody officer is obliged to release a detainee if the grounds for his detention cease to exist and can no longer be justified. When a person has been transferred into the custody of an investigating officer, or are being escorted to a police station/other place authorised by the custody officer they are also classed as in police detention. This comes under the Police Reform Act 2002. The Police Reform act was an act put into place to create new provisions for Police officers and a whole new policing plan was devised. The act created a new complaints against the police system made the circumstances for removal, suspension and discipline of officers broader and also
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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

there was an increase in police power, for example there were new offences added to the list where no warrant was needed. As Custody officer certain obligations must be fulfilled in order for the job to be carried out successfully and quickly. For every single new detainee the custody officer must open a new custody record. Every detainee must have a custody record opened for them when in police detention. All information is recorded here by the custody sergeant with relevant times and dates also recorded, verified by the custody officers signature (PACE act 1984). The Custody record is an open document that must be made available to the defence, a detainees solicitor is entitled to see the custody record the moment of arrival at a designated police station and must be given a copy at request any time within 12 months of the detainee leaving police detention or coming before the courts. It is the Custody Sergeants responsibility to make sure that the custody record is kept up to date, accurate, and complete. The detainees must also be read out their three basic rights under code C of the PACE act, these rights are the right to have somebody informed of their arrest, the right to consult with a solicitor and be given free legal advice and the right to consult the codes of practice (YourRights 2007). The Custody officer must also assess mental health and identify any communication barriers; this may result in the need for an interpreter or possibly even the consultation of a doctor. They must also review any evidence relating to the investigation and decide whether there is a sufficient amount to charge or whether the detainee must be kept in custody so more evidence can be obtained. The custody officer must determine whether he has sufficient evidence to charge that person with the offence that he/she was arrested for. If the custody officer believes there is insufficient evidence to charge, the detained person must be released with or without bail. The way that a Custody Officer determines that there is sufficient evidence is in accordance with the Threshold Test. After the Threshold Test has been passed it will be determined by a Crown Prosecutor whether the charge is executed. Section 38 of the PACE act requires that where a person arrested for an offence, otherwise than under a warrant endorsed for bail, is charged with an offence, the custody officer shall order his release from police detention with or without bail (Ozin, P, Norton, H, and Spivey, P 2006) Most importantly the custody officer must make sure that the detainee is treated how they should be, stated in the Police and Criminal Evidence act 1984 and
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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

the Codes of Practice (Legislation 1984). It is the duty of the custody officer to ensure that all persons in police detention at the police station are treated in accordance with these acts and codes and detainees who are held for more than 96 hours must be visited by a healthcare professional at least once every 24 hours. If a detainee has a complaint to the way theyve been treated or that they have been mistreated, a report must be made as soon as possible. There are however limits on detention and the basic rule is that a person under police detention is to be held no longer than 24 hours. There are a number of variations to the basic rule on the limitations to detention; a person arrested outside England and Wales, the 24hours starts from when he or she arrives in the police area in which the offence committed is being investigated. When a person attends a police station voluntarily and has not been arrested and is arrested at the police station the 24 hours start from the time he or she was arrested and a person who arrives at a station to answer to bail, the 24 hours would start from when he arrives at the station (PACE Act 1984). However before the detainee can be held any longer than the standard 24 hour period they must be reviewed. Reviews are held periodically for each person in connection with the offence. The main purpose of review is to monitor the progress of the detainee and the actual investigation; these reviews are held separately for each person held in connection with that crime and are individual to each detainee. When an Individual has been arrested but not charged the review is carried out by a Review officer. The review officer must be at least the rank of inspector and not be directly involved with the investigation. After charge the review officer then becomes the Custody Officer. Its vital that the review officer must report to the investigating officer and also the custody officer. The review officer must note anything said by the detained individual which is then reported to the custody officer and transferred onto the custody record. Terrorism suspects can be held in custody for 28 days but the review officer can obtain the right of further detention if he thinks he can obtain further evidence by questioning or other means. A terrorist can also be held for longer than 28 days to preserve relevant evidence that might already be predominant in the case (Legislation 2000). Extended detention time for terrorists may also be due to pending results of forensic or medical examinations. This is all for the purpose of obtaining further evidence which may aid the investigation in
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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

leading to the detainees charge. This 24 hour detention period may be extended to 36 hours after a second review. The reasons for extending the detention period can differ, however the most common reason is usually to secure or preserve evidence relating to the investigation. Sometimes the investigation needs further enquiry, if this is the case the detention period needs to be extended so when further time is required to hold a person an application must be made under oath by the constable to a magistrates court, if their application is accepted than they receive a warrant allowing the detention period to be extended to 36 hours. (PACE Act 1984) The application consists of various information about the investigation, including the nature of offence, the amount of evidence and listed inquiries which have already been carried out. The magistrates have to decide whether they are satisfied with the grounds that have been produced for it being reasonable to detain a person further as it can be justified (Ministry of Justice 2004). If the Custody officer can justify the reasons for believing that the continued detention of the person is necessary for the purpose of such further inquires, then the extension of the detention period is granted by the magistrates (Rogers, Lewis 2007). Extending the detention period can carry on until a maximum of 96 hours detention. When a detainee is successfully charged, section 46 of the PACE act sets out the procedure that has to be taken for bringing a person who has been kept in police detention following charge before the courts. In most cases the detainee is to be brought before a magistrates court in the same justice area as the police station in which he/she was charged, and in any event no later than the first court sitting after he/she is charged with the offence. In conclusion the role of the custody officer is a diverse job. There are many different processes and jobs within the role that must be completed and undertaken with precision and detail. The role of the custody officer depends largely upon time management and the ability to follow the PACE act as a guideline to make sure that certain processes are complete at certain times. Monitoring each detainee and keeping track of everything that happens requires the Custody officer to be attentive at all times, everything must be recorded in the custody record and then reviewed before the decision can be made to charge, release or release on bail. The Custody officer is given the power of deciding the outcome of each investigation; they review the evidence, decide whether there is a sufficient amount to charge and are then the decision makers on the outcome of an investigation. This is a very important Job role
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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

as the Custody Sergeant is the decision maker in all investigations and throughout all arrests that are made.

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Introduction to Policing

The Role of the Custody Officer (Q3)

Student No: 21109908

References - Home Office. PACE Code H 2006 [online] Available from: http://www.homeoffice.gov.uk/publications/police/operational-policing/pacecodes/pace-code-h?view=Binary [Accessed 23rd April 2012] - legislation.gov.uk (2009) Human Rights act 1998 [online] Available from: http://www.legislation.gov.uk/ukpga/1998/42/contents [accessed 23rd April 2012] - legislation.gov.uk (2009) Policing and Crime act 2009 [online] Available from: http://www.legislation.gov.uk/ukpga/2009/26/contents [accessed 23rd April 2012] - legislation.gov.uk (2009) Police and Criminal Evidence act 1984 [online] Available from: http://www.legislation.gov.uk/ukpga/1984/60/contents [accessed 23rd April 2012] - legislation.gov.uk (2002) Police reform act 2002 [online] Available from: http://www.legislation.gov.uk/ukpga/2002/30/contents [accessed 23rd April 2012] - legislation.gov.uk (2000) Terrorism Act 2000 [online] Available from: http://www.legislation.gov.uk/ukpga/2000/11/contents [accessed 23rd April 2012] - Ministry of Justice. Human Rights: Human Lives [online] Available from: http://www.justice.gov.uk/downloads/guidance/freedom-and-rights/humanrights/human-rights-handbook-for-public-authorities.pdf [Accessed 23rd April 2012] - Ozin, P, Norton, H, and Spivey, P. (2006) PACE: A practical guide to the Police and Criminal Evidence Act 1984. New York: Open University Press inc. - Rogers, C, and Lewis, R. (ed.) (2007) Introduction to Police Work. Devon: Willan Publishing. - Your Rights. Police Detention [online] Available from: http://www.yourrights.org.uk/yourrights/the-rights-of-suspects/police-powers-ofarrest/police-detention.html [Accessed 23rd April 2012]