PART VDETENTION
Use of telephone for review of detention20
After Article 41 of PACE insert—
Use of telephone for review under Article 4141A
1
A review under Article 41(1)(b) may be carried out by means of a discussion, conducted on the telephone, with one or more persons at the police station where the arrested person is held.
2
But paragraph (1) does not apply if—
a
the review is of a kind authorised by regulations under Article 46A to be carried out using video conferencing facilities; and
b
it is reasonably practicable to carry it out in accordance with those regulations.
3
Where any review is carried out under this Article by an officer who is not present at the station where the arrested person is held—
a
any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;
b
any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and
c
the requirements under Article 41(12) and (13) for—
i
the arrested person, or
ii
a solicitor representing him,
to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by paragraph (4).
4
Representations are made in a manner authorised by this paragraph—
a
in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either—
i
orally by telephone to that officer; or
ii
in writing to that officer by means of those facilities; and
b
in any other case, if they are made orally by telephone to that officer.
5
In this Article “video-conferencing facilities” has the same meaning as in Article 46A.