Custody Officer

Section 36 of the Police and Criminal Evidence Act 1984 requires one or more custody officers to be appointed for each designated police station, and provides that no officer may be appointed a custody officer unless the officer is of at least the rank of sergeant. PACE Code C extends this in practice: references to a custody officer include any police officer who, for the time being, is performing the functions of a custody officer, which allows an officer of any rank to carry out the role at a designated station if a custody officer is not readily available.

The custody officer's responsibilities go to the heart of a detained person's rights. Code C requires that a separate custody record must be opened as soon as practicable for each person brought to a police station under arrest, and the custody officer is responsible for the custody record's accuracy and completeness and for making sure the record or copy of the record accompanies a detainee if they are transferred to another police station. Because PACE bars an officer involved in investigating the offence from also performing custody officer functions for that detainee (subject to limited exceptions), the role is intended to provide an independent check on the legality of detention.