Download the consultation letter on revised draft PACE codes of ...

Building a fair, just and safer communityPolicing Policy and Strategy Divisionemail: pacecodes<strong>consultation</strong>@dojni.x.gsi.gov.ukBlock A, Castle BuildingsStormont EstateBelfastBT4 3SGTel: 028 905 23151Fax: 028 9052 006312 December 2011Dear Sir/MadamCONSULTATION ON REVISED DRAFT PACE CODES OF PRACTICEThis note commences a 12-week period of <strong>consultation</strong> on draft revisions to Codes ofPractice C, E, F and H that are made by Statutory Rule under Articles 60, 60A and 65 of<strong>the</strong> Police and Criminal Evidence (Nor<strong>the</strong>rn Ireland) Order 1989 (PACE). It outlines <strong>the</strong>necessity for revising <strong>the</strong>se particular Codes which relate to <strong>the</strong> detention, treatmentand questioning of persons by police and audio and visual recording with sound ofinterviews with suspects.A refresh of <strong>the</strong> Codes is needed to keep abreast of technological developmentsthrough gradual introduction of <strong>the</strong> use of secure digital recording of interviews in policecustody suites; as a consequence of changes to terrorism provisions for post-chargequestioning with judicial oversight of detained persons; to reduce pre-charge detentionfor terrorist suspects to 14 days and as a contingency measure in emergencycircumstances for pre-charge detention up to 28 days for terrorist suspects.This <strong>consultation</strong> also provides an opportunity to offer comments on proposals for <strong>the</strong>use of appropriate healthcare professionals in police custody suites as set out atAppendix 1. Such a change would require revisions to Codes C and H.Copies of draft revised Codes of Practice with an accompanying table indicating <strong>the</strong>changes to each Code are published on <strong>the</strong> Department of Justice website atwww.dojni.gov.uk/<strong>consultation</strong>-on-revised-draft-pace-codes-of-practice For ease of useeach Code reference is hyperlinked to <strong>the</strong> relevant text in <strong>the</strong> body of <strong>the</strong> document andcan be accessed by highlighting <strong>the</strong> Code reference in <strong>the</strong> table and pressing Ctrl+clickto follow <strong>the</strong> link.Terrorism policy is an excepted matter and does not come within <strong>the</strong> responsibility of<strong>the</strong> Nor<strong>the</strong>rn Ireland Assembly. However, on devolution of justice responsibility for <strong>the</strong>PACE Codes of Practice that set out how people detained in police custody in Nor<strong>the</strong>rnIreland are to be treated, transferred to <strong>the</strong> Department of Justice and <strong>the</strong>refore comewithin <strong>the</strong> ambit of <strong>the</strong> Justice Minister and wider Assembly.

Building a fair, just and safer communityThe proposed changes which are available separately for <strong>consultation</strong> are outlinedbelow.Code C (Detention, Treatment and Questioning of Persons by Police Officers)Healthcare for detained persons in police custody suites is provided by ForensicMedical Officers. Consideration is being given to broaden <strong>the</strong> scope of healthcareprovision to that provided by appropriate healthcare professionals. See Appendix 1.Code E (Audio recording of interviews with suspects) and Code F (Visual recordingwith sound of interviews with suspects)Tape recordings are becoming outdated and <strong>the</strong> Code revisions are required to keepabreast of technological developments by making provision for gradual introduction ofsecure digital audio and visual (with sound) recording equipment in police custodysuites.Code H (Detention, Treatment and Questioning of terrorism suspects)Revisions create <strong>the</strong> same flexibility for delivery of healthcare to people detained underterrorism legislation and mirror those in Code C.O<strong>the</strong>r revisions arise as a consequence of terrorism policy changes that are exceptedmatters. In summary -• The Parliamentary Joint Committee on Human Rights was critical of <strong>the</strong> lengthyperiods of detention without charge of some terrorist suspects and post chargequestioning is being brought in by way of remedy. This is to encourage <strong>the</strong>police to lay charges at <strong>the</strong> earliest opportunity but with <strong>the</strong> proviso that fur<strong>the</strong>rquestioning may be permitted, subject to judicial oversight, should new evidencecome to light.• 28-day detention of terrorist suspects is subject to annual renewal. It has notbeen renewed this year and is to be repealed as part of <strong>the</strong> Protection ofFreedoms Bill. Detention will <strong>the</strong>refore revert to a 14-day limit, but an emergencyBill is to be held at Westminster to enable a reversion to 28 days in extremis.Code amendments need to reflect <strong>the</strong> new 14 day limit and <strong>the</strong> contingencyarrangement of 28 days.The consequential Code H revisions set out operational guidance for <strong>the</strong> police andprovide necessary safeguards and protections for people detained under terrorismlegislation.A new terrorism code of practice issued under s41 of, and Schedule 8 to, <strong>the</strong> TerrorismAct 2000 and section 25 of <strong>the</strong> Counter-Terrorism Act 2008 for <strong>the</strong> video recording withsound of interviews in terrorism cases is being published separately for <strong>consultation</strong> andwill be accessible throughhttp://www.nio.gov.uk/index/public-<strong>consultation</strong>/documents.htm

Building a fair, just and safer communityNext StepsThese drafts are being circulated for <strong>consultation</strong> in accordance with section 66(1) ofPACE. All responses should be sent not later than 2 March 2012 to -pacecodes<strong>consultation</strong>@dojni.x.gsi.gov.ukor sent to <strong>the</strong> following address –Policing Policy and Strategy DivisionSafer Communities DirectorateDepartment of JusticeBlock A, Castle BuildingsStormont EstateBelfastBT4 3SGTel: 028 905 23151Fax: 028 9052 0063

Building a fair, just and safer communityAPPENDIX 1REVIEW OF PSNI HEALTHCARE ARRANGEMENTS FOR DETAINED PERSONSThe PSNI is conducting an internal review of healthcare arrangements in police custodysuites. The review is an integral part of <strong>the</strong> Policing Board’s Continuous ImprovementPerformance Plan (Part 3).PACE Codes currently restrict healthcare for detained persons in police custody to thatprovided by Forensic Medical Officers (FMOs). A FMO is a General Practitioner whoprovides <strong>the</strong> service on an “on call” basis. The FMO normally provides <strong>the</strong> totality ofhealthcare whilst <strong>the</strong> person remains in police custody although an individual canrequest <strong>the</strong>ir own GP provided <strong>the</strong>y bear <strong>the</strong> cost.In order to facilitate <strong>the</strong> outworking of any review in terms of greater flexibility of serviceprovision <strong>the</strong> current PACE Codes would need to be amended to that of AppropriateHealthcare Professional (AHP). An AHP means a clinically qualified person workingwithin <strong>the</strong> scope of practice as determined by <strong>the</strong>ir relevant professional body. Whe<strong>the</strong>ra healthcare professional is “appropriate” depends on <strong>the</strong> circumstances of <strong>the</strong> duties<strong>the</strong>y carry out at <strong>the</strong> time. This term would encompass <strong>the</strong> current FMOs but wouldallow for o<strong>the</strong>rs e.g. psychiatric nurses to augment <strong>the</strong> current service.The proposed Code change would be enabling only. It would not remove responsibilityfrom <strong>the</strong> police to ensure that a detained person receives appropriate healthcare assoon as reasonably practicable if <strong>the</strong> person appears to be suffering from physicalillness or a mental disorder; is injured or o<strong>the</strong>rwise appears to be in need of medicalattention. However, it is clear that individual needs are becoming increasingly complex,with a significant number of detained persons presenting with addiction issues,psychiatric issues, or are assessed as being at risk due to <strong>the</strong> <strong>the</strong>ir emotional state.

Building a fair, just and safer communityIn <strong>the</strong> wider healthcare context <strong>the</strong> clinical response to address <strong>the</strong>se conditions, hasalso become more complex, with an increasing number of healthcare professionalstrained in specialist roles, to deliver an increasing variety of interventions, aimed atdealing specifically with <strong>the</strong> individual’s healthcare needs. By widening <strong>the</strong> availableresources to address such issues <strong>the</strong> PSNI will be afforded <strong>the</strong> opportunity to enhance<strong>the</strong> service currently provided by Forensic Medical Officers, whose services will still berequiredFor example, a specific potential service enhancement may include a permanentnursing provision within <strong>the</strong> larger custody suites. That would offer a much greater levelof professional judgement in terms of <strong>the</strong> initial risk assessment which under currentarrangements is carried out by a custody Sergeant.More generally, greater involvement and earlier intervention by healthcareprofessionals, from a nursing and psychiatric background, is expected to lead toimproved referrals to appropriate services to deal with any ongoing issues that anindividual may have. The overall benefit would be a more holistic approach to dealingwith <strong>the</strong> causes of offending behaviour, and offer better outcomes in terms of health &wellbeing and reduced offending.The cost of <strong>the</strong> existing FMO service currently runs at over £3 million pounds perannum, for a custody throughput of approximately 39000 attendances by detainedpersons. This is considerably higher than <strong>the</strong> closest comparable services in <strong>the</strong> UnitedKingdom. It is believed that a saving of approximately 10% can be delivered, whilst at<strong>the</strong> same time enhancing <strong>the</strong> service delivered to <strong>the</strong> detained persons.