Detention period
Brief overview (only mention if necessary for the question)
The position for detention is that the suspect should be released with/without bail unless:
1. The CO has reasonable grounds for believing that detaining the suspect without charge is
necessary to secure or preserve evidence relating to an offence for which he is under arrest; or
2. It is necessary to obtain such evidence by questioning.
General rule for detention period:
The general rule under s41 (Police and Criminal Evidence Act) is that a person shall not be kept in
police detention for more than 24 hours without being charged.
This 24-hour period begins at the ‘relevant time’. On the facts, the relevant time began…(when ‘x’
arrived at the station at 10:00am)
The relevant time is determined as follows:
(a) if the suspect attends the police station voluntarily = it begins at the time of the suspect is arrested at the
police station (s 41(2)(c));
(b) if the suspect attends the police station in accordance with their ‘street bail’ (granted under s30A) = it begins
once the suspect arrives at the police station (s 41(2)(ca));
(c) in any other case, the relevant time is the time when the suspect arrested arrives at the first police station to
which he is taken after his arrest (s 41(1)(d)).
APPLY – When did the relevant time begin (likely to be when ‘x’ first arrived at the police
station) and when does the 24-hour period end.
Once this 24-hour period has expired, the CO must either:
1. Release suspect without charge and without bail
2. Release the suspect without charge but on bail whilst the police make further enquiries
3. Release the suspect without charge but on bail (or keep in detention) to enable the CPS to make
a decision on charges
4. Charge the suspect
5. OR the detention period can be extended further
If the detention period requires extension:
By 36 hours:
Under s42 PACE police can extend up to another 36 hours from ‘the relevant time’ by a
superintendent or above and if they have reasonable ground for believing that:
1. The detention of the subject without charge is necessary to secure or preserve evidence relating
to an offence which the suspect is under arrest, or to obtain such evidence by questioning the
suspect
2. The offence is an indictable offence (an either way or indictable offence), and
3. The investigation is being carried out diligently and expeditiously.
Further 36 hours:
A further 36 hours can be provided for detention = (thus far) the suspect could be detained for 72
hours.
S43 - Further extension can be granted by the magistrates court if condition are met: further detention
may be justified only if:
1. The suspect detention without charge is necessary to secure or preserve evidence relating to an
offence for which he is under arrest, or to obtain such evidence by questioning the suspect, and
2. The investigation is being conducted diligently and expeditiously (s43(4)).
In exceptional circumstances, a further extension can be made…
S44 - A further extension can be granted, again if the police obtain a warrant from the court. The
grounds under s43 must be satisfied: further detention may be justified only if:
1. The suspect detention without charge is necessary to secure or preserve evidence relating to an
offence for which he is under arrest, or to obtain such evidence by questioning the suspect, and
2. The investigation is being conducted diligently and expeditiously (s43(4)).
An extension granted under s44 ‘shall be for any period the court see’s fit’ but cannot:
a. Be longer than 36 hours, or
b. End later than 96 hours after the start of the ‘relevant time’.
Brief overview (only mention if necessary for the question)
The position for detention is that the suspect should be released with/without bail unless:
1. The CO has reasonable grounds for believing that detaining the suspect without charge is
necessary to secure or preserve evidence relating to an offence for which he is under arrest; or
2. It is necessary to obtain such evidence by questioning.
General rule for detention period:
The general rule under s41 (Police and Criminal Evidence Act) is that a person shall not be kept in
police detention for more than 24 hours without being charged.
This 24-hour period begins at the ‘relevant time’. On the facts, the relevant time began…(when ‘x’
arrived at the station at 10:00am)
The relevant time is determined as follows:
(a) if the suspect attends the police station voluntarily = it begins at the time of the suspect is arrested at the
police station (s 41(2)(c));
(b) if the suspect attends the police station in accordance with their ‘street bail’ (granted under s30A) = it begins
once the suspect arrives at the police station (s 41(2)(ca));
(c) in any other case, the relevant time is the time when the suspect arrested arrives at the first police station to
which he is taken after his arrest (s 41(1)(d)).
APPLY – When did the relevant time begin (likely to be when ‘x’ first arrived at the police
station) and when does the 24-hour period end.
Once this 24-hour period has expired, the CO must either:
1. Release suspect without charge and without bail
2. Release the suspect without charge but on bail whilst the police make further enquiries
3. Release the suspect without charge but on bail (or keep in detention) to enable the CPS to make
a decision on charges
4. Charge the suspect
5. OR the detention period can be extended further
If the detention period requires extension:
By 36 hours:
Under s42 PACE police can extend up to another 36 hours from ‘the relevant time’ by a
superintendent or above and if they have reasonable ground for believing that:
1. The detention of the subject without charge is necessary to secure or preserve evidence relating
to an offence which the suspect is under arrest, or to obtain such evidence by questioning the
suspect
2. The offence is an indictable offence (an either way or indictable offence), and
3. The investigation is being carried out diligently and expeditiously.
Further 36 hours:
A further 36 hours can be provided for detention = (thus far) the suspect could be detained for 72
hours.
S43 - Further extension can be granted by the magistrates court if condition are met: further detention
may be justified only if:
1. The suspect detention without charge is necessary to secure or preserve evidence relating to an
offence for which he is under arrest, or to obtain such evidence by questioning the suspect, and
2. The investigation is being conducted diligently and expeditiously (s43(4)).
In exceptional circumstances, a further extension can be made…
S44 - A further extension can be granted, again if the police obtain a warrant from the court. The
grounds under s43 must be satisfied: further detention may be justified only if:
1. The suspect detention without charge is necessary to secure or preserve evidence relating to an
offence for which he is under arrest, or to obtain such evidence by questioning the suspect, and
2. The investigation is being conducted diligently and expeditiously (s43(4)).
An extension granted under s44 ‘shall be for any period the court see’s fit’ but cannot:
a. Be longer than 36 hours, or
b. End later than 96 hours after the start of the ‘relevant time’.
