Chapter 1 - Detaining a Suspect at the Police Station and
Police Interviews
03 October 2025 19:24
1.2 Procedure on Arrival at the Police Station
1.2.1 Custody Officer
• On arrival, the suspect must be brought before a custody officer rank ≥ sergeant
• Must happen as soon as practicable.
• Custody officer’s responsibilities:
○ Open & maintain custody record (electronic): records identity, offence, arrest
time, reasons for detention, rights given, property, medical issues.
○ Maintain detention log – records significant events during detention.
○ Inform suspect of their rights (see 1.3).
Search of the Detained Person
• Custody officer must authorise a search to determine items on the person.
• May seize and retain items if:
○ Reasonable grounds to believe they are evidence.
○ Could be used to cause injury, damage property, interfere with evidence, or
escape.
• Includes obvious weapons and everyday items (e.g. shoelaces, belts) if risk exists.
Decision to Detain
Custody officer must decide if there is already sufficient evidence to charge.
○ If yes → charge immediately, bail or remand to court.
○ If not → decide whether further detention before charge is justified (normally to
question or secure evidence).
No questioning about involvement at this stage.
Grounds for Detention
Detention before charge can be authorised if:
1. Necessary to secure or preserve evidence, or
2. Necessary to obtain evidence by questioning.
• Usually the second ground is relied on; both may apply.
• If grounds cease to apply, suspect must be released immediately.
Conditions of Detention
• Cells must be heated, lit, ventilated, clean.
• Bedding clean and reasonable.
• Toilet and washing access required.
• Meals: 2 light + 1 main in 24 hours; drinks at meals and on reasonable request.
• Outdoor exercise daily if practicable.
• Hourly visits by officers.
• Suspects with medical issues must receive appropriate clinical attention promptly.
1.3 Rights of a suspect being detained for questioning
Custody officer must inform suspect of rights:
(a) the right to have someone informed of the suspect’s arrest (s 56);
Criminal Law and Practice Page 1
, (a) the right to have someone informed of the suspect’s arrest (s 56);
(b) the right for the suspect to consult privately with a solicitor (the suspect must be
told that free, independent legal advice is available; s 58); and
(c) the right to consult the Codes of Practice
They are also entitled to know the nature of their arrest - what the offence is, why they are
being detained
Right to Legal Advice
all detainees must be informed that they may at any time consult and communicate privately with a solicitor,
whether in person, in writing or by telephone, and that free independent legal advice is available
Request must be fulfilled as soon as practicable
• In all cases where legal advice is sought, the police must contact the Defence Solicitor Call Centre
(DSCC), even if the suspect has named a specific solicitor. The DSCC decides whether telephone advice
(CDD, free unless named solicitor wanted) or solicitor attendance is required.
• If attendance is required, the suspect’s solicitor or duty solicitor is notified. On arrival, the suspect must
be informed and asked if they wish to see the solicitor, even if they previously declined legal advice.
The attendance and the suspect’s decision must be recorded in the custody record (Code C, para 6.15).
No police officer or staff may suggest—except in response to a direct question—that detention or interview
time could be reduced if a suspect declines, withdraws, or does not wait for legal advice or a solicitor.
Delaying the Right to Legal Advice
s 58(6) – any delay must be authorised by an officer of at least superintendent rank. This applies only
where the suspect has been arrested for an indictable offence.
s 58(5) – The maximum period of delay is 36 hours from the relevant time.
s 58(7) – Authorisation for delaying access to legal advice may be given orally but must be confirmed in
writing as soon as practicable.
Can only be delayed if officer has reasonable grounds to believe granting the right will:
a. Risk tampering with evidence or cause harm to others involved in an indictable offence;
b. Warn other suspects who haven’t yet been arrested; or
c. Obstruct the recovery of stolen or crime-related property.
Right to Have someone Informed of Arrest
Any delay must be:
○ authorised by an officer of at least the rank of inspector; and
○ only when the suspect has been detained for an indictable offence (either-way or indictable-only)
• The length of any delay can be for a maximum of 36 hours from the ‘relevant time’ — s 56(3).
• Authorisation may be given orally but must be confirmed in writing as soon as practicable — s 56(4).
The officer may authorise delay only if they have reasonable grounds for believing that informing the
named person of the arrest would:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference
with / physical injury to other persons;
(b) lead to the alerting of other suspects not yet arrested; or
(c) hinder the recovery of any property obtained as a result of such an offence — s 56(5).
Detention time limits and reviews of detention under PACE 1984, Code C
Prior to charge there are time limits on how long a suspect can be detained at the police station. There are
Criminal Law and Practice Page 2
,Prior to charge there are time limits on how long a suspect can be detained at the police station. There are
two different clocks that will apply to such detention.
Initial maximum period of detention before charge (‘detention clock’)
• Can't be detained for more than 24 hours without being charged from the relevant time
• relevant time — (a) the time of arrest if the suspect was voluntarily attending, or (b) the time of arrival
at the station if attending to answer street bail.(c) Arrested away from the station → time of arrival at
the first police station they are taken to after arrest..
Extending the detention clock period
• Authorisation by an officer of the rank of superintendent or above required
• Can extend detention till 36h (12 more hours than the usual 24h)
• It may only be given if the superintendent has reasonable grounds for believing that:
(a) Detention without charge is necessary to secure or preserve evidence relating to the offence,
or to obtain such evidence by questioning the suspect.
(b) The offence is an indictable offence (either-way or indictable-only).
(c) The investigation is being carried out diligently and expeditiously.
Extending it even more cos why not:
Further extensions (s 43)
○ Apply for warrant of further detention from magistrates court
○ can authorise detention for up to 36 additional hours, on top of the superintendent’s
extension — allowing a maximum of 72 hours in total.
○ Magistrates may grant the warrant only if:
▪ (a) Further detention is necessary to secure/preserve evidence or obtain evidence by
questioning.
▪ (b) The investigation is being conducted diligently and expeditiously.
Exceptional extensions (s 44)
○ Police can apply for a further extension of the warrant under s 44.
○ Magistrates will grant it only if s 43 grounds are still satisfied and further detention is justified.
○ Extension length: any period the court thinks fit, but no more than 36 hours, and not beyond 96
hours (4 days) after the relevant time.
Maximum total detention = 4 days (96 hours) before charge or release.
Detention Reviews (the Review Clock)
○ Police must conduct periodic reviews of detention to ensure the original grounds still apply.
○ Failure to carry out reviews makes continued detention unlawful → tort of false imprisonment
○ Reviews before charge are done by a review officer (inspector or above, not involved in the
investigation)
○ Timings: See below
The rights of a volunteer attending the police station
• If there is insufficient evidence to arrest or arrest is unnecessary, the police may ask a person to attend
voluntarily at the police station to answer questions.
• s 29 PACE sets out the rights of a volunteer:
○ There is no obligation to attend voluntarily.
○ The volunteer may leave at any time unless formally arrested.
○ A volunteer can request a friend or solicitor to be present during the interview (Code C, para
3.21).
• Police may arrest a volunteer if, during the interview, they make admissions that give sufficient
grounds for arrest.
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, grounds for arrest.
• Legal advisers generally recommend voluntary attendance if the client has a choice.
Summary of the Timings
PACE Timing Details
Section
s 40 PACE Within 6 hours from A review by an officer not below the rank of inspector to determine
detention being whether detention is still necessary
authorised
s 40 PACE Within 9 hours from the A review by an officer not below the rank of inspector to determine
first detention review whether detention is still necessary
s 41 PACE Within 24 hours from The detainee must be charged or released unless an officer not
arrival below the rank of superintendent authorises continued detention
(s 42)
s 42 PACE Within 36 hours from The detainee must be charged or released unless a magistrates’
arrival court grants a warrant of further detention (s 43)
s 43 PACE Within 72 hours from The detainee must be charged or released unless a magistrates’
arrival court grants an extension to the warrant of further detention (s 44)
s 44 PACE Within 96 hours from The detainee must be charged or released
arrival
1.4 Advising Client Whether to Answer Police Questions
Solicitor’s role
• Protect and advance the client’s legal rights.
• May advise the client not to give evidence that strengthens the prosecution case.
Must consider evidential implications of remaining silent (Sections 1.4 & 9.4).u
Information Gathering on Arrival at the Police Station
Three key sources for the solicitor:
Custody Officer
• First point of contact; provides basic information about the client’s detention.
• Custody record / detention log: Check to confirm:
○ Client’s basic details (name, address, date of birth)
○ Alleged offence(s)
○ Time and reason detention authorised (evidence preservation/questioning)
○ Significant client comments (e.g., admissions)
○ Samples, fingerprints, footwear impressions
○ Identification procedures already carried out
○ Prior interviews conducted
○ Physical/mental disabilities, need for appropriate adult, or vulnerability
○ Medical treatment received, effects of drink/drugs
○ Items found on client or premises
○ Detention reviews if held ≥ 6 hours, and reasons for continued detention
• Code C, para 2.4A: Solicitor may request a copy of custody record when detainee
leaves or attends court.
• Before this point they are only allowed to inspect the record
Criminal Law and Practice Page 4
Police Interviews
03 October 2025 19:24
1.2 Procedure on Arrival at the Police Station
1.2.1 Custody Officer
• On arrival, the suspect must be brought before a custody officer rank ≥ sergeant
• Must happen as soon as practicable.
• Custody officer’s responsibilities:
○ Open & maintain custody record (electronic): records identity, offence, arrest
time, reasons for detention, rights given, property, medical issues.
○ Maintain detention log – records significant events during detention.
○ Inform suspect of their rights (see 1.3).
Search of the Detained Person
• Custody officer must authorise a search to determine items on the person.
• May seize and retain items if:
○ Reasonable grounds to believe they are evidence.
○ Could be used to cause injury, damage property, interfere with evidence, or
escape.
• Includes obvious weapons and everyday items (e.g. shoelaces, belts) if risk exists.
Decision to Detain
Custody officer must decide if there is already sufficient evidence to charge.
○ If yes → charge immediately, bail or remand to court.
○ If not → decide whether further detention before charge is justified (normally to
question or secure evidence).
No questioning about involvement at this stage.
Grounds for Detention
Detention before charge can be authorised if:
1. Necessary to secure or preserve evidence, or
2. Necessary to obtain evidence by questioning.
• Usually the second ground is relied on; both may apply.
• If grounds cease to apply, suspect must be released immediately.
Conditions of Detention
• Cells must be heated, lit, ventilated, clean.
• Bedding clean and reasonable.
• Toilet and washing access required.
• Meals: 2 light + 1 main in 24 hours; drinks at meals and on reasonable request.
• Outdoor exercise daily if practicable.
• Hourly visits by officers.
• Suspects with medical issues must receive appropriate clinical attention promptly.
1.3 Rights of a suspect being detained for questioning
Custody officer must inform suspect of rights:
(a) the right to have someone informed of the suspect’s arrest (s 56);
Criminal Law and Practice Page 1
, (a) the right to have someone informed of the suspect’s arrest (s 56);
(b) the right for the suspect to consult privately with a solicitor (the suspect must be
told that free, independent legal advice is available; s 58); and
(c) the right to consult the Codes of Practice
They are also entitled to know the nature of their arrest - what the offence is, why they are
being detained
Right to Legal Advice
all detainees must be informed that they may at any time consult and communicate privately with a solicitor,
whether in person, in writing or by telephone, and that free independent legal advice is available
Request must be fulfilled as soon as practicable
• In all cases where legal advice is sought, the police must contact the Defence Solicitor Call Centre
(DSCC), even if the suspect has named a specific solicitor. The DSCC decides whether telephone advice
(CDD, free unless named solicitor wanted) or solicitor attendance is required.
• If attendance is required, the suspect’s solicitor or duty solicitor is notified. On arrival, the suspect must
be informed and asked if they wish to see the solicitor, even if they previously declined legal advice.
The attendance and the suspect’s decision must be recorded in the custody record (Code C, para 6.15).
No police officer or staff may suggest—except in response to a direct question—that detention or interview
time could be reduced if a suspect declines, withdraws, or does not wait for legal advice or a solicitor.
Delaying the Right to Legal Advice
s 58(6) – any delay must be authorised by an officer of at least superintendent rank. This applies only
where the suspect has been arrested for an indictable offence.
s 58(5) – The maximum period of delay is 36 hours from the relevant time.
s 58(7) – Authorisation for delaying access to legal advice may be given orally but must be confirmed in
writing as soon as practicable.
Can only be delayed if officer has reasonable grounds to believe granting the right will:
a. Risk tampering with evidence or cause harm to others involved in an indictable offence;
b. Warn other suspects who haven’t yet been arrested; or
c. Obstruct the recovery of stolen or crime-related property.
Right to Have someone Informed of Arrest
Any delay must be:
○ authorised by an officer of at least the rank of inspector; and
○ only when the suspect has been detained for an indictable offence (either-way or indictable-only)
• The length of any delay can be for a maximum of 36 hours from the ‘relevant time’ — s 56(3).
• Authorisation may be given orally but must be confirmed in writing as soon as practicable — s 56(4).
The officer may authorise delay only if they have reasonable grounds for believing that informing the
named person of the arrest would:
(a) lead to interference with or harm to evidence connected with an indictable offence, or interference
with / physical injury to other persons;
(b) lead to the alerting of other suspects not yet arrested; or
(c) hinder the recovery of any property obtained as a result of such an offence — s 56(5).
Detention time limits and reviews of detention under PACE 1984, Code C
Prior to charge there are time limits on how long a suspect can be detained at the police station. There are
Criminal Law and Practice Page 2
,Prior to charge there are time limits on how long a suspect can be detained at the police station. There are
two different clocks that will apply to such detention.
Initial maximum period of detention before charge (‘detention clock’)
• Can't be detained for more than 24 hours without being charged from the relevant time
• relevant time — (a) the time of arrest if the suspect was voluntarily attending, or (b) the time of arrival
at the station if attending to answer street bail.(c) Arrested away from the station → time of arrival at
the first police station they are taken to after arrest..
Extending the detention clock period
• Authorisation by an officer of the rank of superintendent or above required
• Can extend detention till 36h (12 more hours than the usual 24h)
• It may only be given if the superintendent has reasonable grounds for believing that:
(a) Detention without charge is necessary to secure or preserve evidence relating to the offence,
or to obtain such evidence by questioning the suspect.
(b) The offence is an indictable offence (either-way or indictable-only).
(c) The investigation is being carried out diligently and expeditiously.
Extending it even more cos why not:
Further extensions (s 43)
○ Apply for warrant of further detention from magistrates court
○ can authorise detention for up to 36 additional hours, on top of the superintendent’s
extension — allowing a maximum of 72 hours in total.
○ Magistrates may grant the warrant only if:
▪ (a) Further detention is necessary to secure/preserve evidence or obtain evidence by
questioning.
▪ (b) The investigation is being conducted diligently and expeditiously.
Exceptional extensions (s 44)
○ Police can apply for a further extension of the warrant under s 44.
○ Magistrates will grant it only if s 43 grounds are still satisfied and further detention is justified.
○ Extension length: any period the court thinks fit, but no more than 36 hours, and not beyond 96
hours (4 days) after the relevant time.
Maximum total detention = 4 days (96 hours) before charge or release.
Detention Reviews (the Review Clock)
○ Police must conduct periodic reviews of detention to ensure the original grounds still apply.
○ Failure to carry out reviews makes continued detention unlawful → tort of false imprisonment
○ Reviews before charge are done by a review officer (inspector or above, not involved in the
investigation)
○ Timings: See below
The rights of a volunteer attending the police station
• If there is insufficient evidence to arrest or arrest is unnecessary, the police may ask a person to attend
voluntarily at the police station to answer questions.
• s 29 PACE sets out the rights of a volunteer:
○ There is no obligation to attend voluntarily.
○ The volunteer may leave at any time unless formally arrested.
○ A volunteer can request a friend or solicitor to be present during the interview (Code C, para
3.21).
• Police may arrest a volunteer if, during the interview, they make admissions that give sufficient
grounds for arrest.
Criminal Law and Practice Page 3
, grounds for arrest.
• Legal advisers generally recommend voluntary attendance if the client has a choice.
Summary of the Timings
PACE Timing Details
Section
s 40 PACE Within 6 hours from A review by an officer not below the rank of inspector to determine
detention being whether detention is still necessary
authorised
s 40 PACE Within 9 hours from the A review by an officer not below the rank of inspector to determine
first detention review whether detention is still necessary
s 41 PACE Within 24 hours from The detainee must be charged or released unless an officer not
arrival below the rank of superintendent authorises continued detention
(s 42)
s 42 PACE Within 36 hours from The detainee must be charged or released unless a magistrates’
arrival court grants a warrant of further detention (s 43)
s 43 PACE Within 72 hours from The detainee must be charged or released unless a magistrates’
arrival court grants an extension to the warrant of further detention (s 44)
s 44 PACE Within 96 hours from The detainee must be charged or released
arrival
1.4 Advising Client Whether to Answer Police Questions
Solicitor’s role
• Protect and advance the client’s legal rights.
• May advise the client not to give evidence that strengthens the prosecution case.
Must consider evidential implications of remaining silent (Sections 1.4 & 9.4).u
Information Gathering on Arrival at the Police Station
Three key sources for the solicitor:
Custody Officer
• First point of contact; provides basic information about the client’s detention.
• Custody record / detention log: Check to confirm:
○ Client’s basic details (name, address, date of birth)
○ Alleged offence(s)
○ Time and reason detention authorised (evidence preservation/questioning)
○ Significant client comments (e.g., admissions)
○ Samples, fingerprints, footwear impressions
○ Identification procedures already carried out
○ Prior interviews conducted
○ Physical/mental disabilities, need for appropriate adult, or vulnerability
○ Medical treatment received, effects of drink/drugs
○ Items found on client or premises
○ Detention reviews if held ≥ 6 hours, and reasons for continued detention
• Code C, para 2.4A: Solicitor may request a copy of custody record when detainee
leaves or attends court.
• Before this point they are only allowed to inspect the record
Criminal Law and Practice Page 4
