§ Mrs. Curtis-ThomasTo ask the Secretary of State for the Home Department what records are kept by the police of the time a person spends in custody(a) in England and (b) by Merseyside Police; for what period of time the police retain such records; who has access to this information; whether this information is publicly available; and within what period the police must respond to a request for details of custody. [100135]
§ Mr. DenhamThe detention of people arrested for criminal offences in England and Wales is governed by the Police and Criminal Evidence Act 1984 (PACE) and the PACE Codes of Practice. Merseyside Police record the detention of all persons in custody in accordance with this Act and Codes of Practice.
Section 37(4) and Section 39(1)(b) of the Act provides that custody records must be kept on all detained persons. PACE Code C Section 2 sets out the responsibilities of the custody officer and what details must be given on the custody record, including the time of a person's arrival in custody and either the time of subsequent release or transfer to court.
Police must retain custody records for 12 months after the detainee has been released from police custody (PACE Code of Practice C paragraph 2.4). No maximum period is specified. Merseyside police currently keep custody records for three years, but are considering extending this period to seven years.
While a person is still in detention, a solicitor or appropriate adult may inspect the record as soon as is practicable after their arrival at the police station. (This is provided for under PACE Code of Practice C paragraphs 2.4 to 2.5). When a person leaves police detention, he himself, his legal representative or an appropriate adult may request a copy of the original custody record for up to 12 months after release provided reasonable notice is given. The information contained in the custody record is not otherwise publicly available. The police must respond to requests for details of the custody record as soon as practicable (paragraph 2.4).