Powers

In addition to mandating their presence for many procedures, the PACE Codes provide a range of powerful legal rights and powers which enable AAs to be effective.  These include: -

Access to information

AAs must be allowed to access to the custody record as soon as practicable, on request during detention and for a period of 12 months after detention

They must also have access to the contents of risk assessments (if not to do so would put them at risk)

Private consultations

A vulnerable suspect has the right to a private consultation with their AA at any time during their detention.

Securing legal advice

AAs have the power to insist on the attendance of a legal advisor where a vulnerable person has waived their right to free legal advice if the AA considers it in their best interests. They cannot force them to take the advice.

Being consulted on reviews and extensions

Be given notice of the time of reviews of detention or any decision to extend the maximum detention time; have their views sought; and make representations in person or remotely.

Intervening in interviews

AAs are expected to be proactive in securing the outcomes and can intervene if anything causes them concern (though they may not obstruct questions)

Home Office guidance states that AAs are allowed to ask for a break in an interview if a vulnerable person needs a break, legal advice or the AA wishes to speak to them, the police or the solicitor.

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