Sch. 8
(6) This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station.
(7) A code of practice under this paragraph—
- (a) may make provision in relation to a particular Part of the United Kingdom;
- (b) may make different provision for different Parts of the United Kingdom.
4.—(1) This paragraph applies to a code of practice under paragraph 3.
(2) Where the Secretary of State proposes to issue a code of practice he shall—
- (a) publish a draft,
- (b) consider any representations made to him about the draft, and
- (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
(3) The Secretary of State shall lay a draft of the code before Parliament.
(4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
(5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.
(6) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.
(7) A code—
- (a) shall be admissible in evidence in criminal and civil proceedings, and
- (b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
Status
5. A detained person shall be deemed to be in legal custody throughout the period of his detention.
Rights: England, Wales and Northern Ireland
6.—(1) Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.
(2) The person named must be—
- (a) a friend of the detained person,
- (b) a relative, or
- (c) a person who is known to the detained person or who is likely to take an interest in his welfare.
(3) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.
7.—(1) Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.
