Learning Outcomes
This article outlines the fundamental right for a person detained at a police station to have someone informed of their arrest, as provided by the Police and Criminal Evidence Act 1984 (PACE). It examines the scope of this right, the specific circumstances under which it can lawfully be delayed, and the required procedures for such delays. Your understanding of these principles is essential for advising clients effectively while they are in police custody and ensuring their statutory rights are upheld, a key competency assessed in SQE1.
SQE1 Syllabus
For SQE1, you need to understand the practical application of a suspect's rights during police detention. This includes advising clients on their entitlement to notify someone of their arrest and the implications of any police decision to delay this notification. Pay attention to:
- The statutory basis and scope of the right to have someone informed of arrest under PACE 1984, s 56.
- The conditions under which this right may be lawfully delayed.
- The required rank of the police officer authorising a delay.
- The maximum duration for which the right can be delayed.
- The connection between the type of offence (indictable) and the power to delay.
- The solicitor's role in advising the client and monitoring compliance with PACE Code C.
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.
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Under PACE 1984, s 56, who can a detained person request to be informed of their arrest?
- Only their solicitor.
- Any one friend or relative, or another person likely to take an interest in their welfare.
- Any number of friends or relatives.
- Only their next of kin as defined by statute.
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What is the maximum period for which the right to have someone informed of arrest can be delayed under PACE 1984?
- 12 hours from arrival at the police station.
- 24 hours from the time of arrest.
- 36 hours from the relevant time.
- 48 hours from the time detention is authorised.
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Which rank of police officer (or above) must authorise a delay in exercising the right to have someone informed of arrest?
- Constable.
- Sergeant.
- Inspector.
- Superintendent.
Introduction
When a client is arrested and detained at a police station, they possess several fundamental rights designed to protect their welfare and ensure fairness during the initial stages of a criminal investigation. One essential right, enshrined in section 56 of the Police and Criminal Evidence Act 1984 (PACE), is the entitlement to have one person notified of their arrest and place of detention. As a solicitor advising a client in custody, a thorough understanding of this right, its limitations, and the associated police procedures under PACE Code C is essential. This article details the scope of the right, the specific grounds upon which it can be delayed, and the practical considerations for legal advisors.
The Right to Intimation under PACE 1984, s 56
Section 56(1) of PACE 1984 states that a person arrested and held in custody at a police station or other premises is entitled, if they so request, to have one nominated person informed ‘as soon as practicable’ that they have been arrested and where they are being detained.
Scope of the Right
The detained person can choose one individual to notify. This person is typically a friend or relative, but the Act allows for ‘other person who is known to him or who is likely to take an interest in his welfare’. This could potentially include an employer or colleague in certain circumstances. The police have a duty to facilitate this communication. The request and the action taken must be recorded in the custody record.
Key Term: Custody Record A formal record maintained by the custody officer detailing key events during a person's detention, including the exercise or delay of rights like the right to intimation.
Communication Methods
Normally, the police will contact the nominated person by telephone. The detainee does not generally have the right to speak to the person themselves, although the custody officer has discretion to allow this. If the initial nominated person cannot be contacted, the detainee should be allowed to nominate up to two alternatives.
Delaying the Right to Have Someone Informed
While the right to intimation should be granted ‘as soon as practicable’, s 56(2) permits a delay in specific circumstances. This power is carefully circumscribed to balance the rights of the detainee against the need for effective investigation, particularly in more serious cases.
Conditions for Delay
A delay is only permissible if the person is in police detention for an indictable offence (either way or indictable only) and if an officer of at least the rank of Inspector authorises the delay (s 56(2)).
Key Term: Indictable offence An offence that can be tried in the Crown Court (either exclusively or as an either-way offence). Summary-only offences do not qualify for delaying the right to intimation.
The authorising officer must have reasonable grounds for believing that informing the nominated person of the arrest will lead to specific adverse consequences related to the investigation. These grounds, detailed in s 56(5) and mirrored in Code C, Annex B, are:
- Interference with or harm to evidence connected with an indictable offence, or interference with or physical injury to other persons.
- Alerting other persons suspected of having committed such an indictable offence but not yet arrested for it.
- Hindering the recovery of any property obtained as a consequence of such an offence.
Key Term: Authorising Officer For delaying the right under s 56 PACE 1984, the authorising officer must hold the rank of Inspector or above.
Authorisation and Duration
The decision to delay, the grounds for it, and the duration must be recorded in the custody record. The delay must be proportionate and last no longer than necessary. The maximum period for which the right can be delayed is 36 hours from the relevant time of arrival at the police station (s 56(3)). Once the reason for the delay ceases, the right must be granted immediately.
Key Term: Relevant Time Generally, the time a suspect arrives at the police station after arrest, or the time of arrest if arrested at the station. It marks the start of the maximum detention period calculation.
Worked Example 1.1
David is arrested on suspicion of conspiracy to supply Class A drugs, an indictable offence. He asks the police to inform his partner, Sarah, of his arrest. The investigating team has intelligence suggesting Sarah is involved in storing the drugs at their shared home and may dispose of them if alerted. Inspector Jones considers delaying the notification.
Can Inspector Jones lawfully authorise a delay, and if so, on what grounds and for how long?
Answer: Yes, Inspector Jones can authorise a delay. The offence (conspiracy to supply Class A drugs) is indictable. There appear to be reasonable grounds to believe notifying Sarah would hinder the recovery of property (the drugs) obtained through the offence (s 56(5)(c)) and potentially lead to interference with evidence (s 56(5)(a)). The delay must be authorised in writing (or orally, confirmed in writing) and can last for a maximum of 36 hours from the relevant time, or less if the grounds cease to exist earlier (e.g., after the house is searched).
Role of the Solicitor
The defence solicitor plays a key role in safeguarding the client’s rights under s 56.
Advice and Monitoring
Upon arrival at the police station, the solicitor should:
- Inspect the custody record to check if the client requested intimation, if it was granted, when, and if not, whether any delay was properly authorised and recorded.
- Confirm the client was informed of their right.
- Advise the client on the implications if the right has been delayed.
Challenging Unlawful Delay
If a solicitor believes the delay is not justified under the strict criteria of s 56(5) or that the authorisation procedure was flawed (e.g., authorised by an officer below the rank of Inspector), they should:
- Make representations to the custody officer and/or the authorising officer.
- Ensure their objections are clearly recorded in the custody record.
- Advise the client that an unlawful delay could potentially render subsequent evidence (like a confession obtained during the period of unlawful delay) inadmissible under s 78 PACE 1984.
Worked Example 1.2
Fatima is arrested for common assault (a summary-only offence). She requests that her husband be informed. Sergeant Davies decides to delay notification because he believes the husband might try to intimidate the complainant.
Is Sergeant Davies’ decision lawful?
Answer: No, the decision is unlawful on two grounds. First, the power to delay notification under s 56 PACE 1984 only applies to suspects detained for indictable offences; common assault is summary only. Second, the authorisation must come from an officer of at least Inspector rank; Sergeant Davies does not hold the required rank. Fatima’s solicitor should challenge this immediately.
Revision Tip
Remember the key differences between delaying the right to intimation (s 56) and the right to legal advice (s 58). The authorising rank is different (Inspector for s 56, Superintendent for s 58), although the grounds and maximum delay period (36 hours) are similar. Confusion between these is a common exam pitfall.
Key Point Checklist
This article has covered the following key knowledge points:
- Detainees have a statutory right under s 56 PACE 1984 to have one person informed of their arrest and location ‘as soon as practicable’.
- This right can be delayed only if the suspect is detained for an indictable offence.
- Delay must be authorised by an officer of at least Inspector rank.
- Delay is permissible only on specific grounds relating to interference with evidence or others, alerting suspects, or hindering property recovery (s 56(5)).
- The maximum delay allowed is 36 hours from the relevant time.
- The reason for any delay must be recorded in the custody record.
- Solicitors must check compliance and challenge any unlawful delay.
Key Terms and Concepts
- Custody Record
- Indictable offence
- Authorising Officer
- Relevant Time
