Advising clients at the police station - Detention time limits and reviews

Learning Outcomes

This article outlines the rules governing the detention of suspects at a police station before charge, as established by the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice. For the SQE1 assessment, you will need to understand the initial time limits for detention, the procedures and grounds for extending these limits, and the requirement for periodic reviews of detention. This knowledge will allow you to advise clients effectively on their rights and the lawfulness of their detention, and apply these principles to SQE1-style questions.

SQE1 Syllabus

For SQE1, you are required to understand the practical application of PACE 1984 and Code C regarding detention time limits and reviews. You should be able to apply these rules to factual scenarios, identify breaches, and advise on their consequences. Pay particular attention to:

  • The initial 24-hour limit for detention without charge and when the 'detention clock' starts.
  • The grounds and procedure for authorising detention beyond 24 hours by a superintendent (up to 36 hours).
  • The grounds and procedure for applying to a magistrates’ court for warrants of further detention (up to 96 hours).
  • The requirements for periodic reviews of detention, including timing and the role of the review officer.
  • The consequences of unlawful detention.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the maximum initial period a suspect can be detained without charge under PACE 1984?
    1. 12 hours
    2. 24 hours
    3. 36 hours
    4. 48 hours
  2. Who can authorise the first extension of detention beyond 24 hours (up to 36 hours)?
    1. Custody Officer
    2. Inspector
    3. Superintendent
    4. Magistrates' Court
  3. What is the absolute maximum period a suspect can be detained without charge, including all extensions granted by the courts?
    1. 48 hours
    2. 72 hours
    3. 96 hours
    4. 120 hours
  4. When must the first review of a suspect's detention take place?
    1. Within 3 hours of detention being authorised
    2. Within 6 hours of arrival at the police station
    3. Within 6 hours of detention being authorised
    4. Within 9 hours of detention being authorised

Introduction

When advising a client detained at a police station, a critical aspect of your role is to ensure their detention is lawful. The Police and Criminal Evidence Act 1984 (PACE) and Code C of its Codes of Practice set strict limits on how long a suspect can be held without charge and mandate regular reviews of the necessity for continued detention. Understanding these time limits and review procedures is fundamental for protecting a client's rights and identifying potential breaches by the police, which could impact the admissibility of evidence obtained during detention. This article focuses on these core principles relevant for the SQE1 assessment.

The Initial Detention Period

The general rule under PACE 1984, s 41 is that a suspect cannot be kept in police detention for more than 24 hours without being charged. This period is often referred to as the 'detention clock'.

The Relevant Time

The 24-hour detention clock starts running from the 'relevant time'. This is usually the time the suspect arrives at the police station following their arrest elsewhere (s 41(2)(d)). If the suspect attends the police station voluntarily and is subsequently arrested there, the relevant time is the time of the arrest (s 41(2)(c)).

Key Term: Relevant Time The point at which the maximum period for detention without charge begins. Usually the time of arrival at the designated police station after arrest, or the time of arrest if arrested at the station.

Once the 24-hour limit expires, the suspect must either be charged with an offence or released (either unconditionally or on bail). Failure to do so renders the detention unlawful.

Extensions to the Initial Detention Period

In certain circumstances, the police can apply to extend the detention period beyond the initial 24 hours. The grounds and procedures for extensions depend on the length of extension sought and the seriousness of the offence.

Extension up to 36 Hours (Superintendent's Authorisation)

Under PACE 1984, s 42, an officer of at least the rank of superintendent can authorise continued detention for up to a further 12 hours, bringing the total maximum detention period to 36 hours from the relevant time.

This authorisation can only be given if:

  • The offence is an indictable offence (this includes either-way offences).
  • The superintendent has reasonable grounds for believing that:
    • Further detention is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them; AND
    • The investigation is being conducted diligently and expeditiously.

Before authorising the extension, the superintendent must give the suspect (or their solicitor) an opportunity to make representations (s 42(6)). The reasons for the authorisation must be recorded in the custody record.

Extension beyond 36 Hours (Magistrates' Court Warrant)

Detention beyond 36 hours requires judicial authorisation from a magistrates' court. The police must apply for a warrant of further detention under PACE 1984, s 43.

The application must be made before the 36-hour limit expires. The court must be satisfied that:

  • The offence is an indictable offence.
  • There are reasonable grounds for believing further detention is necessary to secure/preserve evidence or obtain it by questioning.
  • The investigation is being conducted diligently and expeditiously.

The court can authorise further detention for a period it thinks fit, up to a maximum of 36 hours on the first application. This means the total detention could reach 72 hours (24 + 12 + 36).

Key Term: Warrant of Further Detention A warrant issued by a magistrates' court authorising the police to detain a suspect without charge beyond 36 hours, up to a maximum of 96 hours in total.

A second application can be made to the magistrates' court under PACE 1984, s 44 for a further extension. Again, the court must be satisfied the same grounds exist. The court can extend the detention for a further period it thinks fit, up to another 36 hours, but the absolute maximum period of detention without charge is 96 hours from the relevant time. Once 96 hours is reached, the suspect must be charged or released.

Worked Example 1.1

A suspect, Anya, is arrested for robbery (an indictable-only offence) at 14:00 hrs on Monday. She arrives at the police station at 14:30 hrs. The custody officer authorises her detention at 14:45 hrs. By when must Anya be charged or released, assuming no extensions? If the police need more time, what is the first step they must take, and what is the maximum detention period they could achieve through this first step?

Answer: The 'relevant time' is 14:30 hrs on Monday (arrival time). The initial 24-hour detention period expires at 14:30 hrs on Tuesday. If the police need more time, the first step is for an officer of at least superintendent rank to authorise continued detention under s 42 PACE. This authorisation must be given before 14:30 hrs on Tuesday. This can extend detention by up to 12 hours, meaning Anya could be detained until 02:30 hrs on Wednesday (36 hours from the relevant time).

Worked Example 1.2

Following on from Worked Example 1.1, the superintendent authorises continued detention until 02:30 hrs on Wednesday. The police still believe they need more time to question Anya. What must they do, and what is the maximum possible detention period that could be authorised?

Answer: Before 02:30 hrs on Wednesday, the police must apply to the magistrates’ court for a warrant of further detention under s 43 PACE. The court could authorise detention for up to a further 36 hours (ie, until 14:30 hrs on Thursday, 72 hours total). If still required, the police could make a second application under s 44 PACE for a further extension, again up to 36 hours, but subject to the absolute maximum of 96 hours from the relevant time. Therefore, the maximum detention period could potentially reach 14:30 hrs on Friday (96 hours after 14:30 hrs Monday).

Reviews of Detention

To safeguard against unlawful detention, PACE 1984, s 40 requires the police to carry out periodic reviews of a suspect’s detention before charge.

Key Term: Review Officer An officer of at least the rank of inspector, not involved in the investigation, responsible for carrying out periodic reviews of a suspect's detention before charge.

The purpose of the review is to determine if the grounds for detention authorised by the custody officer still apply (ie, is detention still necessary to secure/preserve evidence or obtain it by questioning?).

Timing of Reviews

The timing of reviews operates on a separate ‘review clock’, which starts when detention is first authorised by the custody officer (Code C, para 15.1).

  • The first review must take place no later than 6 hours after detention was first authorised.
  • The second review must take place no later than 9 hours after the first review.
  • Subsequent reviews must take place at intervals of no more than 9 hours.

Procedure for Reviews

The review officer must give the suspect (or their solicitor) an opportunity to make representations about the continued detention (s 40(12)). The review officer must record the outcome of the review and the reasons for continued detention (if applicable) in the custody record.

Exam Warning

Do not confuse the 'detention clock' (maximum periods of detention starting from the relevant time) with the 'review clock' (intervals for reviewing detention starting from authorisation). An exam question might test your understanding of when each clock starts and the different time periods involved.

Consequences of Breach

Failure to carry out a review within the required timescales, or continuing detention when the grounds no longer exist, renders the detention unlawful from that point onwards. Evidence obtained during a period of unlawful detention may be inadmissible under PACE 1984, s 78.

Key Point Checklist

This article has covered the following key knowledge points:

  • Suspects can generally be detained without charge for a maximum initial period of 24 hours from the 'relevant time'.
  • The relevant time is usually when the suspect arrives at the police station after arrest.
  • Detention can be extended up to 36 hours from the relevant time with the authorisation of a superintendent, but only for indictable offences and where specific grounds are met.
  • Detention beyond 36 hours requires a warrant of further detention from the magistrates' court.
  • The maximum period a warrant can authorise is 36 hours, and the absolute maximum detention period without charge is 96 hours from the relevant time.
  • Detention must be reviewed periodically by a review officer (inspector rank or above).
  • The first review is within 6 hours of authorisation, with subsequent reviews at intervals not exceeding 9 hours.
  • Failure to observe time limits or review procedures can render detention unlawful.

Key Terms and Concepts

  • Relevant Time
  • Warrant of Further Detention
  • Review Officer
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