Part of the debate – in the House of Lords at 8:15 pm on 24 February 2003.
My Lords, I am grateful for the welcome given to the amended codes. I will supply the noble Lord, Lord Hodgson, with the missing pages, and I apologise that they were not available.
The first point of the noble Lord, Lord Hodgson, was on paragraph 2.11 of Code B. A designated person is defined as a person other than a police officer designated under Part 4 of the Police Reform Act 2002, such person having the specified powers and duties of a police officer conferred or imposed on them. The same definition is used in paragraph 1.13.
The noble Lord referred to the notes on Section 6 of Code C. It could be proper for a solicitor to advise a client not to answer any question, depending on individual circumstances. For example, if the police had made inadequate pre-interview disclosure, such advice might be proper. It would depend on the circumstances.
The noble Lord asked about inhalers in relation to asthma under Code C. Paragraph 9.12 relates to more serious conditions such as heart conditions, diabetes, epilepsy or a condition of comparable potential seriousness. Even though paragraph 9.5 may not apply, the advice of the appropriate healthcare professional must be obtained. It will be a question of fact in every case as to whether the condition is of comparable seriousness to those identified in paragraph 9.12. It would be wrong of me to say whether that would or would not be so in a particular case.
The noble Lord referred to whether a tape recorder should be kept on, which I think was a reference to when a complaint is made. Under paragraph 4 of Code E, if the custody officer is called to deal with a complaint, the tape recorder should, if possible, be left on until the custody officer has entered the room and spoken to the person being interviewed. Continuation or termination of the interview should be at the interviewer's discretion, pending action by an inspector under Code C, paragraph 9.2. Paragraph 4 of Code E makes it clear that the tape recorder should, if possible, be left on.
The noble Lord spoke about shared premises. Under Code B, the officer conducting the search will need to satisfy himself that he has grounds for a search and lawful authority to search. If he is wrong and a company in shared premises suffers damages, it could sue for damages for trespass in the normal way, but that is a matter of fact in every case.
On Code E, the noble Lord raised the question of clear tapes. It is understood that that must mean new tapes, for the reason the noble Lord gave. He asked whether it was our intention to take DNA samples from everybody. No, it is not, but it is our intention to bring forward further changes for extending DNA and fingerprinting for those arrested and held in police detention. We will do that in the Criminal Justice Bill which is currently in another place.
The noble Lord, Lord Dholakia, asked about drug testing, rightly pointing out that the codes will need revision when the Criminal Justice Bill's provisions on drug testing are enacted. That is another matter to bring forward at the appropriate time.
The noble Lord, Lord Hodgson, also asked about the reduction in rank required for authorities in relation to certain issues, from superintendent down to inspector. We believe that that is a sensible and practical measure. Inspectors are extremely responsible people and we think that that is an appropriate level at which those authorisations should be given.
I think that I have answered every question that has been raised. If I have not done so, I shall certainly write to those noble Lords concerned.