Changes to PACE Codes C and H - in force from Wednesday 21 August 2019

21 August 2019

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C and H) Order 2019 (SI 2019/1157) is in force from the 21st August 2019. This Order brings two revised codes of practice in force - Code C (Detention, treatment and questioning of persons by police officers) and Code H (Detention under the Terrorism Act). These revised codes of practice will supersede the corresponding existing codes of practice and will reflect the changes that have already been made to the APP with regards to the implementation of safeguards for menstruating detainees.

The revised Codes C and H require:

all detainees to be given an opportunity to speak to a member of custody staff in private regarding their health, hygiene and personal needs, with necessary arrangements made to accommodate such needs as soon as practicable;

the provision of menstrual hygiene products free of charge to detainees where requested and that detainees should be allowed privacy in the toilet areas of their cells.

officers to have regard for the dignity of a detainee when conducting an intimate search or a strip search and extend the obligation to have regard to the dignity of a detainee when determining their gender for the purpose of a search. The requirement to speak to a staff member of the same sex may be modified in respect of a transgender detainee to ensure their needs are accommodated.

Documents published by the government regarding these changes can be viewed here.

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