(The Minister of
State for Policing and the Fire Service): I am
today laying before the House an order under section 67(7A) of the
Police and Criminal Evidence Act 1984 (‘PACE’) to amend PACE Codes
C and H, which govern the detention, treatment and questioning of
suspects by the police. Copies of the revised Codes C and H will
also be laid.
These revisions, which will come into operation on 21 August
2019, are being introduced to ensure that the menstrual needs of
female and transgender detainees, and the health, hygiene and
welfare needs of all individuals in police custody are protected.
The new codes include the following revisions:
• Each female detainee must be asked if they require or are
likely to require any menstrual products whilst they are in
custody. They must be told that they will be provided free of
charge and that replacement products are available.
• Custody officers must ask all detainees if they wish to speak
in private with a member of custody staff about any matter
concerning their personal needs relating to health, hygiene and
welfare; if the detainee wishes, this member of staff may be of
the same sex. These changes provide an opportunity for female
detainees to raise issues about their menstrual needs and also
for all detainees to raise issues relating to other health and
hygiene needs such as products that may be required for
incontinence. If detainees wish to take this opportunity to raise
health and hygiene needs, necessary arrangements should be
provided/made as soon as practicable.
• The changes highlight that the clothing and personal effects
that detainees may retain include menstrual and other health,
hygiene and welfare products. A decision to withhold any such
products must be subject to a further specific risk assessment.
• Access to toilet and washing facilities must now also take
account of the detainee’s dignity. For example, in cells subject
to CCTV monitoring, privacy in the toilet area should be ensured
by any appropriate means and detainees should be made aware of
this when they are placed in the cell.
• The changes make it explicit that strip searches and intimate
searches of detainees must take due regard of their dignity. This
includes the detainee’s health, hygiene and welfare needs
including menstruation.
• The above provisions around health, hygiene and welfare
products take into account the possible needs of transgender
individuals.
These revisions were prompted by concerns raised by the
Independent Custody Visiting Association (ICVA) that in some
cases women were being left without basic menstrual products in
police cells.
They received overwhelming support following a public
consultation last year, and we have subsequently sought and
secured the agreement of my Rt Hon Friend the member for
Normanton, Pontefract and Castleford, in her role as Chair of the
Home Affairs Select Committee, that these straightforward
revisions to the Codes can be brought into force as soon as
possible, as per the commitments made by the then government
during the introduction of section 67(7A) of PACE in 2003,
without the approval of a resolution by each House.
I am grateful for the work and support of partners across the
policing system, ICVA, and dedicated custody staff across the
country. We all share a commitment to ensuring the dignity of
detainees, and these changes will help ensure the needs of
individuals are met across the board.
