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PART 8 IMPROVING ORGANISATIONAL PERFORMANCE
appointed to designated police stations, which are effec-
tively police stations equipped to receive and house
detained persons in the conditions that PACE requires.
Subject to limited exceptions all detained persons must go
to a designated police station. Custody officers are
appointed by the Chief Officer of Police for that area or by
an officer directed by that Chief Officer of Police to do so.
Importantly no police officer may be appointed a Custody
Officer unless at least the rank of Sergeant and significantly
none of the functions of a Custody Officer shall be per-
formed by an officer who is involved in the investigation of
an offence for which the person is in detention (and there is
case law that identifies what being involved in an investiga-
tion entails).
Most forces have adopted the Sergeant rank as the best
suited to the custody officer role. Here in Hampshire that is
the case. Sergeants on appointment receive training in the
role of Sergeant and specifically custody officer duties.
They then undertake a process of accreditation as a cus-
tody officer which lasts from three to twelve months.
Custody officers, though they work for the same organisa-
tion, have an element of impartiality through the statement
that they must not be involved in the investigation of an
offence for which that person is detained. This allows for
their decision-making to be non-partisan. There is an argu-
ment perhaps that for the decision-making to be
completely impartial custody provisions should be inde-
pendent of the police service but in practice I would argue
custody officers value their impartiality and their decision-
making is reflected in this.
The Act clearly defines the process for any challenge to
custody officers’ decision-making and that is by appeal to
the station commander, a Superintendent. As well as pro-
viding support for custody officers in their decision-making
it also affords protection for them from rank pulling in a
hierarchically structured organisation such as the police.
PACE separates the decisions to be taken by custody
officers into two areas before and after charge.
Before
A custody officer has to determine whether there is suffi-
cient evidence to charge and may detain a person in order
to do so. If there is not sufficient evidence to charge then
the custody officer should release that person either with or
without bail unless their detention is necessary to preserve
and secure evidence relating to an offence for which they
are under arrest or to obtain such evidence by questioning.
Bail can be conditional, for example imposition of a curfew,
a condition of residence, reporting to a police station. All of
these conditions have to be justified and there is a course
of appeal to magistrates.
After
Custody officers shall order detained persons’ release
either with or without bail after charge unless certain condi-
tions apply.
In addition to authorising the detention of a person
Custody Sergeants can order a strip search and are
responsible for arranging any additional protective meas-
ures for persons who are either juvenile, mentally ill or a
foreign national. The custody officer has responsibility for
the welfare and procedural process of a detainee and must
follow the guidelines of the codes of practice in respect of
provision of meals, blankets, writing materials etc. The cus-
tody officer has no authority to deny (or delay) access to a
solicitor, to deny (or delay) a telephone call or letter or to
delay any notification requested by the detained person.
Any denial (or delay) of rights requires the authorisation of
senior officers.
Custody officers deal with people’s liberty and deter-
mine whether they enter the legal process by charging
them to appear at court. This is serious business and in
practical terms it is taken very seriously. Their decision-
making in this process is subject to periodic review. In the
first 24 hours of a person’s detention that review is under-
taken at the six, 15 and 24 hour stage. Any detention
beyond 24 hours requires the authority of a Superintendent
and any detention beyond 36 hours requires a warrant
from a Court. The custody officer’s decision-making is
subject to close scrutiny through the training process,
accreditation process and local inspection processes. Most
importantly it is a legal requirement now that all designated
custody centres are videotaped, which is perhaps the ulti-
mate scrutiny. The arrival of video recording tapes in
custody centres was welcomed by custody officers as it
saw a corresponding fall in the number of complaints
against them in the charge room process.
In practical terms having worked with PACE since 1986
I have only encountered one decision of a custody officer
which was challenged by a more senior officer (a Detective
Chief Inspector). This challenge related to a decision by
Exhibit 21.1 continued
Photo: Gusto/Science Photo Library