Brech of Code C Of PACE Act 1984 by policr bresth testa

Convicted Driver Insurance

RichardNixon

New Member
I was detailed by 2 Surrey police officers for purposes of undertaking a breath test folllowing a report made of my driving by an off duty Met Police officer.

I cary a Surrey Police autism condition alert card which I showed the officers but they failed to secure an appropriate adult to present to witness my breath tests as required under Code C of the Police and Criminal Evidence Act 1984.

I have made a complaint to their professional standards department and the report received this week says that the requirements of code C to have an appropriate adult present only apply if I had been arrested and taken to the police station however code C in fact says "..... the custody officer in the case of a detained person, or the officer investigating the offence in the case of a person who has not been arrested or detained....

I passed the breath test with 0% reading of alcohol however my complaint is about the principles of a breach of Code C of PACE.

Any advice welcome
 
They are right.... the codes of practice only apply to a person in custody or at a police station for interview.
if they had to wait for an appropriate adult to attend for any vulnerable person before they could breath test them at the roadside it could take hours. They should obviously be sensitive to any needs that you have or display, but you cannot use the codes of practice as a means of complaint about your treatment at the roadside. The “not arrested or detained” refers to a voluntary attendee at a police station for interview.
I can’t seem to copy the relevant bit, but if you look at 1.10 of the codes of practice in the link below, on page 11,it confirms what I say - and the Professional Standards reply to your complaint......

 
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