Legal issues
The test
PACE Code C, Annex G: a person may be at risk in interview if it could significantly harm their physical or mental state, or if what they say might be considered unreliable in later proceedings because of their condition. The custody officer decides, taking advice from a healthcare professional.
Drink and drugs
You should not be interviewed while unable to appreciate the significance of questions and your answers because of drink, drugs or illness, except in narrow urgent cases authorised by a senior officer.
Rest, food and breaks
- At least 8 hours' continuous rest in any 24 hours, normally at night, free from questioning.
- Breaks at recognised mealtimes, and short refreshment breaks roughly every 2 hours of interview.
Evidence that matters
Healthcare assessments and decisions on fitness are recorded in the custody record. An interview conducted when you were unfit may be challenged at trial.
Reasonable lines of enquiry
Things to tell the custody officer
- Medication you take and when the next dose is due.
- Any injury, condition or recent alcohol or drug use.
- If you have not slept or eaten.
What happens next
If you are assessed as not fit, the interview is delayed, or the police may release you and interview you later. Being unfit does not end the investigation.
Immediate steps
- Ask to see the healthcare professional if you feel unwell.
- Tell your solicitor before the interview starts if you are tired, unwell or confused.
- Ask for a break during interview if you need one.
What should you send us?
If you are calling for someone else, tell us about any medication or needs so we can raise them with the custody officer.