Question to the Home Office:

To ask the Secretary of State for the Home Department, whether a person remanded in custody is prevented from receiving (a) visits and (b) phone-calls from next-of-kin if they have been arrested under counter-terrorism legislation but not charged with terror-related offences.

The Police and Criminal Evidence Act 1984 (PACE) and the accompanying PACE codes of practice establish the powers of the police to combat crimes while protecting the rights of the public. PACE Code H focuses on detention, treatment and questioning by the police under terrorism legislation.

PACE Code H 2023 can be accessed via Gov.uk and details a person’s right to communication with ‘one named person’. The code sets out the following:

While held in custody at a police station or other premises the detainee may, on request, have one named person who is a friend, relative or a person known to them who is likely to take an interest in their welfare informed by the custody officer that they have been detained. They may also request a phone call or other form of communication with the ‘named person’.

At the custody officer’s discretion and subject to the detainee’s consent, visits should be allowed, when possible, subject to sufficient personnel being available to supervise a visit and any possible hindrance to the investigation.

However, in limited circumstances the nature of an investigation might mean that such requests (for visits, phone-calls or other form of communication) cannot be met. This is risk assessed on an individual basis, and in accordance with the considerations set out in Annex B to the Code. In this situation consideration is given to increasing the frequency of visits from independent visitor schemes, such as by the Independent Custody Visitors Association.

Any delay or denial of these rights should be proportionate and should last no longer than necessary.