Detention at the Police Station

Police Station Accreditation Representative

Who makes the decision in authorising detention?

Custody officer

Does a custody officer have to explain the ground for authorising detention or can they say for the purpose of ongoing investigation or not say anything at all? - Make reference to any relevant provisions and Code of Practice

-Yes
- s.37(4) of PACE requires the custody officer to make a written record of why detention is authorised with reference to the grounds of detention under s.37(3) of PACE

-Code C para 3.4(a) requires the custody officer to record the grounds of detention in the detainees presence and inform the detainee of the grounds of detention before they can be questioned about any offence

True or false code C para 8.8 permits that a juvenile should be generally be placed in a police cell and that they can be placed in a cell with a detained adult

False - Code C para 8.8 requires consideration of a secure accommodation. Cell is only to be used if is not practicable to suit them or the cell is more comfortable then accommodation.

A juvenile should not be in a cell with an adult

If a juvenile is placed in a cell does an officer have to record the reason for this? Make reference to Code C provisions

Yes - para 8.10 of Code C requires for an officer to record the reason why a juvenile is placed in a cell

True or false detention of a vulnerable person can be authorised and detention can be reviewed without an appropriate adult. Make references to the relevant code provisions of Code C

False Code C - Annex E para 3 and para 10 require for an appropriate adult to be available in the above situations with para 10 allowing an AA to make representations about continuing detention

What are the grounds of detention make reference to the relevant provision of PACE

s.37(3) grounds of detention
requires the custody officer to have reasonable grounds for believing that detention without charge is necessary to
(a) secure or preserve evidence relating to the offence or
(b) to obtain evidence by questioning the person

If a custody officer does not have the relevant grounds for authorising detention under s.37(3) what should they do?

considering releasing the person on bail (s.37(2) or release the person without bail (s.37(2A)

Under section 40 PACE act who is the review officer when a person has not been charged but is detained?

an officer of at least a rank of inspector who has not been directly involved in the investigation - s.40(1)(b)

What is the purpose of detention for a custody officer? Make reference to the relevant PACE provisions

s.37(1) a custody officer may detain a person whilst determining whether there is sufficient evidence to charge them.

Under s.40(3) when should be the first, second and subsequent reviews?

First review - no later than 6 hours after detention was first authorised

Second review - no later than 9 hours after first review

Subsequent reviews - intervals of no more than 9 hours

Are there exceptions to when a review of detention? If so explain with reference to the relevant provisions the exceptions

• S.40(4) allows postponement of a review if given the circumstances it is (a) not practicable to carry out a review at that time (b) person being questioned so review officer is satisfied that interruption would be prejudicial to the investigation and c) at the time no review officer is readily available
  

• S.40(5) requires review after postponement to carried out asap

• S.40(6) still requires subsequent review under s.40(3) to be carried out

• s.40(7) requires the review officer to record the reasons for postponement of the review in the custody record

Under s.40 before a decision of whether to authorise continued detention the officer should give a solicitor or the detainee an opportunity to do what?

• s.40(12) make representations about detention either orally or in writing (s.40(13))

With reference to PACE how long can a person initially be detained for without charge?

s.41 - 24 hours

Explain what does relevant time mean with reference to s.41(2) and the relevant subsections

• the time on the period of detention

• sub para a - detention starts when a person arrives at the police station or 24 hours after the arrest

• sub para c - in the case of a voluntarily/where not under arrest it begins when arrested at the police station

• sub para d - any other case except sub 5 where detention begins after the person has been arrested arrives at the police station

Scenario: Gytis was arrested in Plymouth then taken to Sheffield Police station. When and where does his detention begin? Make reference to the relevant PACE provisions

• Section 41(5)- either 24 hrs after leaving the first place where he was detained or the time when he arrived at the first police station whichever is the earlier

What happens when detention of 24 hours expires - make reference to relevant PACE provisions and consider exceptions

• s.41(7) released either on bail or without bail if not charged unless s.42 or 43 apply

• s.41(10) released because there is no sufficient evidence to charge or give a caution instead of charge

What are the grounds of extending detention under s.42 PACE?

• s.42(1)

• detention without charge is necessary to secure or preserve evidence or to obtain evidence through questioning

• the offence is indictable [includes either way] and

• the investigation is being conducted diligently and expeditiously

What is the max a person can be detained for under s.42?

36 hours

Who can authorise a further extension under s.42?

an officer with at least a rank of superintendent

What is the obligation of the reviewing officer under s.42(5)?

to inform the detained person of the grounds for continuing detention and to record the grounds in the custody record

What is the obligation of the reviewing officer under s.42(6)

to give an opportunity to the solicitor or detained persons to make representations before making a decision whether to continue detention

What is the significance of s.43?

It allows the period of detention to extend to another 36 hours through a warrant from the magistrates court who have to be satisfied that there are reasonable grounds in justifying further detention with reference to the grounds under s.42(1)

What is the significance of s.44?

It allows detention to be extended for a total of no more than 96 hours following a s.43 through a warrant by the magistrates who are satisfied that there are reasonable grounds for a further detention

In terms of rank, what officer can make an application to the court for further detention under s.43 and s.44

a constable