Communication, welfare and fitness to interview

A suspect must be able to understand and participate. Where they cannot understand English sufficiently for the process, arrange an independent interpreter for interview and, where required, private legal consultation. Conversational fluency is not proof that they understand a caution or a disputed legal allegation. Police officers and staff must not interpret a confidential solicitor consultation. A hearing or speech difficulty may require a sign-language interpreter, another communication professional, writing, visual aids or an effective combination. Essential documents and information must be translated or explained as required, with the decision and reasons recorded. Visual impairment, illiteracy and difficulty reading also require appropriate assistance with documentation. Authority: Code C, paragraphs 3.20–3.21 and section 13.

Communication support and legal advice solve different problems. An interpreter conveys meaning accurately; the solicitor advises on law and strategy; an appropriate adult supports understanding, welfare and fairness. None automatically replaces another. A relative who speaks the language is not automatically a suitable independent interpreter, particularly where they are a witness or have conflicting interests. Verify the person's role and ability to communicate privately, including where an authorised live link is used. Authority: Code C, paragraphs 1.7–1.7A, 6.1 and 13.1–13.12.

Clinical attention means assessment or treatment by an appropriate healthcare professional. The custody officer must obtain it as soon as practicable when the person appears ill, injured or to have a mental disorder, or otherwise needs attention; the need does not depend on a formal request. An urgent need requires immediate action, including calling an ambulance where appropriate. A request for medical examination must be addressed under the Code. A detainee may also request a doctor of choice at their own expense, but that does not justify delaying necessary care. Medication, alcohol or drug withdrawal, diabetes, epilepsy and other significant conditions must be actively considered and recorded. Authority: Code C, paragraphs 9.5–9.15.

Fitness to interview is functional and time-specific. Consider whether the person can understand the interview's nature and purpose, comprehend questions, appreciate the significance of answers and make rational decisions. Obtain healthcare advice where needed about continued detention, interview timing and safeguards. The custody officer's interview decision must take account of that advice and the actual person; a brief clinical attendance is not a blanket permission to question. Interview must not proceed where it would significantly harm physical or mental health, and vulnerability may separately require an appropriate adult. Authority: Code C, paragraphs 9.13 and 12.3, Annex G and paragraph 11.18.

Rest, breaks and the effect of interruption

In any relevant 24-hour period, the detainee must ordinarily have at least eight continuous hours of rest, free from questioning, travel and investigation-related interruption. For someone attending voluntarily and then arrested at the station, the relevant rest period starts with the arrest, not the earlier voluntary arrival. Rest is a safeguard in addition to the maximum-detention and review rules; it does not itself stop their clocks. Authority: Code C, paragraph 12.2; PACE, sections 40–41.

Paragraph 12.2 distinguishes interruptions. An interruption on its specified grounds—reasonable grounds to believe that otherwise there would be risk of harm, serious property loss, unnecessary delay in release or prejudice to the investigation—requires a fresh eight-hour rest period. Interruption at the request of the detainee, solicitor or appropriate adult, or for necessary legal duties such as a review or for medical purposes, does not automatically require a new eight-hour period. Identify the category and record what actually happened; do not treat three fragmented sleeps as eight continuous hours. Authority: Code C, paragraph 12.2(a)–(c).

Refreshment breaks should ordinarily occur at approximately two-hour intervals, with meal breaks at recognised mealtimes or other necessary times. Note 12B says a short break after two hours should normally be at least 15 minutes, and a meal break at least 45 minutes. Those durations are guidance, not a statutory rule making every interview exceeding two hours automatically unlawful. A break may be delayed only on the defined grounds, including risk of harm, serious property loss, unnecessary release delay or prejudice to the investigation, with reasons recorded. An individual may need a break earlier than the ordinary interval. Authority: Code C, paragraph 12.8 and Note 12B.

Solicitor action. Ask about medication, sleep, food, alcohol or drugs, withdrawal, pain, injury, panic, learning and communication needs and relevant mental-health history. Compare the account with custody observations and request the appropriate healthcare or communication assessment. Specify the practical adjustment: treatment, an interpreter, an appropriate adult, postponement, shorter sessions or an immediate break. Record a refusal, its reasons and its effect on the client's participation and reliability. Authority: Code C, sections 9, 11–13 and Annex G.

Medical confidentiality is not legal privilege. Distinguish clinical directions needed for safe custody and effective ongoing care from confidential clinical findings and the defence account. The custody record should identify where separately recorded findings are held. The possible evidential significance of an injury does not require its cause to be entered as care information. Authority: Code C, paragraph 9.16 and Notes 9E–9G.