Mandatory presence

It is a requirement of PACE that custody officers inform the AA as soon as practicable when authorising the detention of a child or vulnerable adult.

As a minimum, AAs must be readily available for the PACE procedures for which they are required. AAs have a role throughout a detention episode, from rights and entitlements to charge and bail. However, the precise rules on involvement and physical presence are complicated and spread throughout the PACE Codes. The main elements are summarised below.

If the AA is already at the station, they must be present. If the AA is not already at the station, they must be explained again when they arrive. (Code C 3.17)

on Friday December 08 by Chris Bath
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An AA must always be present for a voluntary interview. An AA must be present for an interview in custody, except in some specified exceptional circumstances (Code C 11.15, 11.18)

on Friday December 08 by Chris Bath
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The AA must always be present. This includes samples, fingerprints, footwear impressions, photographs (Code D 2.15)

on Friday December 08 by Chris Bath
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An AA must be present unless it is a case of urgency where there is a risk of serious harm to the suspect or others. They can face away or stand outside the room if a child or adult prefers and the AA agrees. (Code C Annex A 11(c), Annex E 12)

on Friday December 08 by Chris Bath
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Yes. AA must always be present both when consent is sought and received, and for the actual search. They do not have to actually be in the room if a child prefers and the AA agrees.

on Friday December 08 by Chris Bath
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It is not mandatory for the AA to be physically present (though in some cases this might be more effective). Representations can be made in person, phone or electronic device. Police must make reasonable efforts to give AA notice of the time of the review. (Code C 15.2A(c), 15.3, 15CA) 

on Friday December 08 by Chris Bath
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Police must give the AA sufficient notice of the decision about whether a person should be charged so that the AA can be present. If they are present at the station, the AA must be present for any action resulting from the decision as to whether to charge. However, police cannot keep a person detained to wait for an AA. (Code C 16.1, 16C, Annex E 1)

on Friday December 08 by Chris Bath
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