Letter to consultees
Published 16 May 2024
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This publication is available at https://www.gov.uk/government/publications/pace-codes-h-and-i-2024/letter-to-consultees
Attached is a draft revised version of Code of Practice H and Code of Practice I issued under the Police and Criminal Evidence Act 1984 (PACE). Code H concerns the exercise by police officers of statutory powers in connection with the detention, treatment and questioning of persons under the Terrorism Act 2000. Code I concerns the detention, treatment and questioning by police of persons in detention under the National Security Act 2023.
The revised versions of these Codes will be subject to a 6 week consultation beginning on 16 May 2024 and ending on 24 June 2024. Full details, including copies of the draft revised Codes, will be published on GOV.UK.
The draft revised Code H and Code I documents have a covering note outlining the changes and their purpose, which are equivalent to the changes proposed for Code C. Feedback in response to the consultation on Code C will also be taken into consideration for changes to Code H and I. The changes are set out in further detail below.
Purpose of the changes
Strip search involving the exposure of intimate parts (EIP) is one of the most intrusive powers available to the police.
The government recognises that these powers are needed in order for the police to prevent harm and effectively investigate crime, as well as mitigate national security risk. However, it is vital these searches are only conducted where necessary and proportionate, in a fair and respectful manner, without unlawful discrimination, and with full regard for the welfare and dignity of the individual being searched.
On 30 April, a statutory consultation on changes to PACE Codes A and C was published setting out proposed new safeguards for children and vulnerable persons who are subject to searches involving the exposure of intimate parts. Whilst the numbers of children or vulnerable persons subject to detention under the Terrorism Act 2000 or the National Security Act 2023 are significantly lower than those detained or searched under PACE powers, we think that it would be desirable for there to be consistency across the three custody codes to ensure that there are equivalent safeguards for children and vulnerable adults.
As a result, in line with the statutory duty under section 67(4) of PACE, we are seeking views from stakeholders on mirroring these changes across to PACE Codes H and I. A summary of proposed changes is set out below.
The revisions proposed in this consultation are intended to strengthen the safeguards for children and vulnerable persons who are subject to searches involving EIP and emphasise the importance of safeguarding, without hindering the police’s ability to keep the public safe.
Summary of proposed changes
PACE Code H and I:
- introduce a new requirement for police custody officers to consult an officer of at least the rank of inspector prior to conducting an EIP search of a child or vulnerable person in custody.
- clarify that if at any time, an officer has reason to suspect that a person may be under 18, in the absence of clear evidence to dispel that suspicion shall be treated as a child for the purpose of the Code and any other Code.
- introduce new requirement to notify a parent/guardian of the search and its outcome as soon as practicable when an EIP strip search takes place, prioritising before a search if practicable and where is this is not possible (e.g., when parent/carer cannot be identified) this should be recorded
- add a paragraph to the PACE Codes which makes clear the potentially traumatic impact of the strip searches on children, the officer’s duty to give due regard to safeguarding needs, to take appropriate action to ensure the child’s dignity, rights and welfare are primary considerations, and to seek and give due regard to the child’s preferences with respect to considerations such as the location of the search and the notification of a parent or guardian
- introduce a new requirement to notify an officer of the rank of at least superintendent as soon as practicable following any urgent strip search of a child or vulnerable adult – i.e., where no appropriate adult was present
- require that a safeguarding referral should be made whenever a EIP search or an intimate search of a child takes place
- clarify that appropriate adults of the opposite sex can only be present during strip search if known to the detainee, and the detainee agrees
- require that where more than outer clothing is removed from a detainee in custody due to concerns for the detainee’s welfare, to preserve evidence, or any other reason set out in Code H paragraph 4.2A, or Code I paragraph 4.1A, the appropriate provisions in Annex A shall apply
We welcome any comments from consultees on the proposed revisions to PACE Codes H and I.
These drafts are circulated for statutory consultation in accordance with section 67(4) of PACE. Responses should be sent to pacereview@homeoffice.gov.uk to arrive no later than 23:59 on 24 June 2024.