Page:Police and Criminal Evidence Act 1984.pdf/41

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(4) Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

(5) Subsection (4) above shall not apply where the person charged is, at the time when the written record is made—
 * (a) incapable of understanding what is said to him ;
 * (b) violent or likely to become violent; or
 * (c) in urgent need of medical attention.

(6) Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies that it is impracticable to do so, make arrangements for the arrested juvenile to be taken into the care of a local authority and detained by the authority; and it shall be lawful to detain him in pursuance of the arrangements.

(7) A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

(8) In this Part of this Act “local authority” has the same meaning as in the Children and Young Persons Act 1969.

39.—(1) Subject to subsections (2) and (4) below, it shall be the duty of the custody officer at a police station to ensure—
 * (a) that all persons in police detention at that station are treated in accordance with this Act and any code of  practice issued under it and relating to the treatment of persons in police detention; and
 * (b) that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons.

(2) If the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention-
 * (a) to the custody of a police officer investigating an offence for which that person is in police detention; or
 * (b) to the custody of an officer who has charge of that person outside the police station,

the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1)(a) above; and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the