THE SERVICE POLICE CODES OF PRACTICE (Effective from 10 July 2017) Presented to Parliament pursuant to section 113(7) of the Police and Criminali Evidence Act 1984 SPCoP (10.07.2017) FOREWORD The Service Police Codes of Practice have been issued by the Secretary of State under section 113(3) and (5) of the Police and Criminal Evidence Act 1984 and have been laid before Parliament. These Codes of Practice come into effect on the 10th July 2017, and will apply to all activities referred to in them undertaken on or after that date. When these Codes of Practice come into effect, the existing Service Police Codes of Practice dated 19 March 2015 will cease to have effect. The Codes deal with the contact between the Service Police and members of the Service community in the exercise of their powers to stop and search, to arrest, to search premises, and with the detention, treatment, questioning and identification of suspects, and the recording of interviews. The Codes regulate Service Police powers and procedures in the investigation of offences and set down safeguards and protections for members of the Service community. The Codes provide a clear statement of the rights of the individual and the powers of the Service Police. Copies of the Codes must be readily available in all Service Police Establishments for consultation by the Service Police, suspected/arrested persons and members of the Public. Unless specifically stated to the contrary any reference to the male gender within these Codes equally applies to the female gender and vice versa. Section 113(3) of the Police and Criminal Evidence Act 1984 (“PACE”) (as amended) provides for the Secretary of State to issue a code of practice, or a number of such codes, concerned with- (a) the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or (b) Investigations of service offences. Relevant provisions from section 113 of PACE are set out below: (8) A failure on the part of any person to comply with any provision of a code shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies. (9) Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct). (10) In all criminal and civil proceedings any ode shall be admissible in evidence and if any provision of …a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question. (12A) In this section – “service offence” has the meaning given by section 50 of the Armed Forces Act 2006; “criminal proceedings” includes service proceedings; “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and i SPCoP (10.07.2017) “civilian court” has the meaning given by section 374 of the Armed Forces Act 2006; The existing Codes are: Code A – Statutory Powers of Stop and Search and the Recording of Encounters with the Service Community. The exercise by the Service Police of statutory powers to stop and search and requirements for the Service Police to record encounters with members of the Service Community. This Code was first introduced on 30 September 2003. Code B – Searches of Premises by Service Policemen and the Seizure of Property Found by Service Policemen on Persons or Premises. This Code governs the exercise by the Service Police of powers in respect of the searching of premises and the seizure of property found by the Service Police on persons or premises. This Code was first introduced on 30 September 2003. Code C – Code of Practice for the Detention, Treatment and Questioning of Persons by Service Policemen. The purpose of this Code is to ensure that all persons suspected of being involved in offences under the Armed Forces Act 2006 are dealt with fairly and properly in accordance with the law. This Code was first introduced on 1 February 1997. Code D – Code of Practice for the Identification of Persons by Service Policemen. This Code concerns the principle methods used by the Service Police for identifying persons in connection with the investigation of offences under the Armed Forces Act 2006 and the keeping of accurate and reliable criminal records. This Code was first introduced on 1 February 1997. Code E – Code of Practice on Audio Recording of Interviews with Suspects. This Code deals with the audio recording of interviews of persons suspected of certain types of offences under the Armed Forces Act 2006 and governs the way in which audio recorded interviews are carried out. This Code was first introduced on 1 February 1997. Code F – Code of Practice on Visual Recordings With Sound of Interviews With Suspects. This Code deals with the visual recording of interviews of persons suspected of certain types of offences under the Armed Forces Act 2006 and governs the way in which visual recorded interviews are carried out. This Code was first introduced on 31 October 2009. Code G – Code of Practice for the Statutory Power of Arrest by Service Policemen. This Code sets out the criteria the Service Police must consider when exercising their power of arrest under section 67, 69, 303, 110 and 111 of the Armed Forces Act 2006. This Code was first introduced on 31 December 2006. ii SPCoP (10.07.2017) CONTENTS CODE A CODE OF PRACTICE FOR THE EXERCISE BY THE SERVICE POLICE OF STATUTORY POWERS OF STOP AND SEARCH Section Subject Page 1 General 2 2 Principles governing stop and search 4 3 Service Police powers to stop and search persons and vehicles without arrest 5 4 Stop and Search powers requiring reasonable grounds for suspicion 7 5 Conduct of the search 1 6 Steps to be taken prior to a search 12 7 Recording requirements 13 8 Monitoring and supervision 14 CODE B CODE OF PRACTICE FOR SEARCHES OF PREMISES BY THE SERVICE POLICE AND THE SEIZURE OF PROPERTY FOUND ON PERSONS OR PREMISES BY THE SERVICE POLICE Section Subject Page 1 Introduction 17 2 General 21 3 Search warrants and production orders 22 Action to be taken before an application is made 22 Making an application 23 Judge Advocate’s search warrant under section 83 Armed Forces Act 2006 23 Access to excluded and special procedure material on premises other than relevant residential premises 25 Application for a search warrant by a Service Policeman on behalf of another Service Policeman 25 4 Commanding Officer's Authorisation to enter and search under section 87 Armed Forces Act 2006 26 5 Entry and search of premises without warrant by a Service Policeman and search of persons after arrest 27 Entry for purpose of arrest (section 90 Armed Forces Act 2006) 27 Search of a person upon arrest (section 70 Armed Forces Act 2006) 28 Search of premises where arrest takes place or in which the arrested person was present immediately prior to arrest 29 Search of premises occupied or controlled by the arrested person 29 6 Searches of premises with consent 30 7 Searching of premises – general considerations 31 General Information on Warrants 31 Entry other than with consent 31 Notice of powers and rights 32 Procedure whilst conducting a search of premises 33 iii SPCoP (10.07.2017) Procedure to be followed when leaving premises after a search 34 CODE B CODE OF PRACTICE FOR SEARCHES OF PREMISES BY THE SERVICE POLICE AND THE SEIZURE OF PROPERTY FOUND ON PERSONS OR PREMISES BY THE SERVICE POLICE Section Subject Page Procedure for carrying out a search of Relevant Residential Premises for excluded or special procedure material 34 8 Seizure of Property 36 Specific procedures for seize and sift powers 37 Retention of seized property 39 The rights of owners regarding the seizure and retention of property 39 Remedies and safeguards 39 9 Action after searches 40 10 Search register 42 CODE C CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY THE SERVICE POLICE Section Subject Page 1 General 44 2 Persons arrested or detained by the Service Police 48 Documentation 51 Searches of detained persons under article 4 of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 54 Documentation 55 3 Right Not To Be Held Incommunicado 56 Action 56 Documentation 57 4 Right to legal advice 58 Action 58 Documentation 62 5 Citizens of Independent Commonwealth countries and foreign nationals 64 Action 64 Documentation 65 6 Care and treatment of suspected persons 65 General 65 Visual checks of suspects in cellular accommodation 66 Suspects under the Influence of Drink or Drugs 66 Unconscious or in a drunken stupor 66 Clinical Treatment and Attention 66 Documentation 68 7 Cautions 69 When a caution must be given 69 Terms of the caution 70 iv SPCoP (10.07.2017) CODE C CODE OF PRACTICE FOR THE DETENTION, TREATMENT AND QUESTIONING OF PERSONS BY THE SERVICE POLICE Section Subject Page Special warnings under the Criminal Justice and Public Order Act 1994, sections 36 and 37 71 Juveniles and persons who are mentally disordered or otherwise mentally vulnerable 72 Documentation 73 8 Interviews – General 74 Action 74 Interview records 75 Juveniles and mentally disordered or otherwise mentally vulnerable people 76 Vulnerable suspects - Urgent interviews at Service Police establishments 77 9 Interviews in Service Police establishments 79 Action 79 Documentation 81 10 Interpreters 81 General 81 Interviewing suspects - foreign languages 83 Interviewing suspects who have a hearing or speech impediment 84 Additional rules 84 Translation of essential