PART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE

Right to have someone informed when arrestedC357

F1C1C21

Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who isknown to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this Article, that he has been arrested and is being detained there.

C1C22

Delay is only permitted—

a

in the case of a person who is in police detention for F2an indictable offence; and

b

if an officer of at least the rank of F3inspector authorises it.

C1C23

In any case the person in custody must be permitted to exercise the right conferred by paragraph (1) within 36 hours from the relevant time, as defined in Article 42(2).

C1C24

An officer may give an authorisation under paragraph (2) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

C1C25

F4Subject to paragraph (5A) an officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—

a

will lead to interference with or harm to evidence connected with F5an indictable offence or interference with or physical injury to other persons; or

b

will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

c

will hinder the recovery of any property obtained as a result of such an offence.

C1C2F65A

An officer may also authorise delay where he has reasonable grounds for believing that—

a

the person detained for F7the indictable offence has benefited from his criminal conduct, and

b

the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.

C1C25B

For the purposes of paragraph (5A) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 4 of the Proceeds of Crime Act 2002.

C1C26

If a delay is authorised—

a

the detained person shall be told the reason for it; and

b

the reason shall be noted on his custody record.

C1C27

The duties imposed by paragraph (6) shall be performed as soon as is practicable.

C1C28

The rights conferred by this Article on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this Article applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.

C1C29

There may be no further delay in permitting the exercise of the right conferred by paragraph (1) once the reason for authorising delay ceases to subsist.

10

Nothing in this Article applies to a person arrested or detained under the terrorism provisions F9or under section 27 of the National Security Act 2023,F8 or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.