Detaining a Suspect at the Police Station and Police Interview
A suspect must be taken to the police station ‘as soon as is practicable after the arrest’
(s.30(1A) PACE 1984). All persons in custody must be dealt with expeditiously and
released from the station as soon as the need for detention no longer applies (Code
C Paragraph 1.1).
The Custody Officer
• A suspect who has been arrested or who is attending the police station to answer
bail must be brought before a custody officer as soon as practicable in the
custody suite on their arrival at the police station.
• The custody officer is responsible for authorising the detention of the suspect
and supervising their welfare.
• The custody officer should be at least the rank of sergeant and should not be
involved in the investigation of the offence.
• The officer must open and maintain a custody record which is attached to a
detention log.
• The record includes key details and a detention log of significant events.
• The officer must record all the items that a suspect has on them and may
authorise a search to find and record those items (ss.54(1) and 2).
• Officer allowed to seize and retain any items if they have reasonable grounds
for believing they may be evidence or that the suspect may use them:
o To cause physical injury to themself or others.
o To cause damage to property.
o To interfere with evidence.
o To assist an escape.
Detention
• If there is sufficient evidence, the suspect should be charged straight away
and then either released on bail or remanded in police custody (s.37(1)).
• If there is not sufficient evidence to charge immediately, the suspect should
be released, unless:
o The custody officer has reasonable grounds for believing that detaining
the suspect, without charge, is necessary to secure or preserve evidence
relating to an offence for which they are under arrest. E.g., useful when
police want to carry out a search of the suspect’s premises. OR
o It is necessary to obtain such evidence by questioning (s.37(2)).
• If the custody officer becomes aware that the grounds on which a suspect’s
detention was authorised have ceased to apply, they must be released
immediately (s.39).
Conditions of Detention (paragraph 8.2-8.7)
• The cell in which a suspect is held must be adequately heated, cleaned and
ventilated, and adequately lit.
• Any bedding supplied to a suspect must be of a reasonable standard and in a
clean and sanitary condition.
,• A suspect must be provided with access to toilet and washing facilities.
• A suspect must be offered at least two light meals and one main meal in any 24-
hour period, and drinks should be provided at mealtimes and upon reasonable
request between meals.
• A suspect should be offered brief outdoor exercise daily if this is practicable.
• Suspects should be visited in their cells at least every hour (paragraph 9.3).
• If needed, custody officer must make arrangements to ensure that the suspect
receives appropriate clinical attention as soon as reasonably practicable
(paragraph 9.5 and 9.5A).
Detained for Questioning
The suspect must be informed about their ongoing rights which may be exercised
at any time whilst they are in custody:
a) The right to have someone informed of the suspect’s arrest.
b) The right for the suspect to consult privately with a solicitor.
c) The right to consult the Codes of Practice.
d) The right to be informed about the grounds for their detention and the offence for
which they are arrested and any further offences.
Right to Legal Advice (s.58 and paragraph 6.1)
• A suspect has the right to receive free and independent legal advice.
• The suspect may request to consult a solicitor privately at any time.
• If requested, they must be allowed to consult a solicitor ‘as soon as practicable’.
• Unless a suspect asks for legal advice to be paid for privately, the police must
contact the Defence Solicitor Call Centre (DSCC).
• Telephone advice can be provided by free through Criminal Defence Direct
(CDD).
• If a duty solicitor attends the police station to see a suspect, the suspect must be
informed of his arrival and must be asked if they would like to see the solicitor,
even if they previously declined legal advice (paragraph 6.15).
Delaying Legal Advice (s.58)
Any delay to legal advice must be:
a) Authorised by an officer of at least the rank of superintendent. AND
b) Only if the suspect has been arrested for an indictable offence.
Requirements:
• Delay can only be for a maximum of 36 hours from the relevant time.
• Authorisation can be given orally but must be confirmed in writing as soon as
practicable.
• Delay must end sooner if the reason for delay no longer apply.
Delay may only be authorised if the officer has reasonable grounds for believing
that the exercise of this right will:
,a) Lead to interference with or harm to evidence connected with an indictable
offence, or interference with or physical injury to other persons.
b) Lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it. OR
c) Hinder the recovery of any property obtained as a result of such an offence.
In R v Samuel, delay cannot be justified on mere suspicion, the risk must be real
and substantial.
Right to have Someone Informed of Arrest (s.56)
Police can delay this right:
• Only if authorised by an officer of at least the rank of inspector. AND
• Only when the suspect has been detained for an indictable offence.
Police officer can only authorise delay if they have reasonable grounds for
believing that telling the named person of the arrest will:
a) Lead to interference with or harm to evidence connected with an indictable
offence, or interference with or physical injury to other persons.
b) Lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it. OR
c) Hinder the recovery of any property obtained as a result of such an offence
Length of delay can be for a maximum of 36 hours from the relevant time.
Authorisation can be given orally, but confirmed in writing as soon as practicable
Detention Time Limits
The Detention Clock
Section 41 provides that a person ‘shall not be kept in police detention for more
than 24 hours without being charged’. Beginning from the relevant time.
Relevant time:
a) In the case of a person attending voluntarily at the police station, who is then
arrested at the police station, relevant time is the time of their arrest.
b) In the case of a person who attends a police station to answer ‘street bail’
granted under s 30A, relevant time is the time when they arrive at the police
station.
c) In the case of a suspect who has been arrested away from the police station,
relevant time is the time when the suspect arrives at the first police station to
which they are taken after their arrest.
Extending Detention
Under s.42, the police have the power to extend the period of a suspect’s detention
in the police station up to a period of 36 hours, 12 additional hours from the relevant
time. Authorisation must be given by an officer of the rank of superintendent or
above and only if they have reasonable grounds for believing that:
, a) The detention of the suspect without charge 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.
b) The offence is an indictable offence.
c) The investigation is being carried out diligently and expeditiously.
To further extend detention (up to a max period of 72 hours), must get a warrant
from a magistrates’ court. Only justified if there are reasonable grounds to
believe that (s.43):
a) The suspect’s detention without charge is necessary to secure or preserve
evidence relating to an offence for which they are under arrest, or to obtain such
evidence by questioning them. AND
b) The investigation is being conducted diligently and expeditiously.
Can make an additional application to magistrates’ court to extend detention
further under s.44. This either cannot be longer than 36 hours or cannot end
later than 96 hours after the ‘relevant time’.
The Review Clock (s.40)
The police must carry out periodic reviews of the suspect’s detention to ensure
the grounds on which the detention was initially authorised are still applicable.
• If such reviews are not carried out, any detention after this point will be unlawful
and will amount to the tort of false imprisonment.
• Usually carried out by a ‘review officer’ at least the rank of inspector who is
not directly involved in the investigation.
• The first review must take place no later than 6 hours after the custody officer
first authorised the detention of the suspect.
• The second review must take place no longer than 9 hours after the first
review.
• Subsequent review must take place at intervals of no more than 9 hours.
Solicitor Arrival
A suspect must be taken to the police station ‘as soon as is practicable after the arrest’
(s.30(1A) PACE 1984). All persons in custody must be dealt with expeditiously and
released from the station as soon as the need for detention no longer applies (Code
C Paragraph 1.1).
The Custody Officer
• A suspect who has been arrested or who is attending the police station to answer
bail must be brought before a custody officer as soon as practicable in the
custody suite on their arrival at the police station.
• The custody officer is responsible for authorising the detention of the suspect
and supervising their welfare.
• The custody officer should be at least the rank of sergeant and should not be
involved in the investigation of the offence.
• The officer must open and maintain a custody record which is attached to a
detention log.
• The record includes key details and a detention log of significant events.
• The officer must record all the items that a suspect has on them and may
authorise a search to find and record those items (ss.54(1) and 2).
• Officer allowed to seize and retain any items if they have reasonable grounds
for believing they may be evidence or that the suspect may use them:
o To cause physical injury to themself or others.
o To cause damage to property.
o To interfere with evidence.
o To assist an escape.
Detention
• If there is sufficient evidence, the suspect should be charged straight away
and then either released on bail or remanded in police custody (s.37(1)).
• If there is not sufficient evidence to charge immediately, the suspect should
be released, unless:
o The custody officer has reasonable grounds for believing that detaining
the suspect, without charge, is necessary to secure or preserve evidence
relating to an offence for which they are under arrest. E.g., useful when
police want to carry out a search of the suspect’s premises. OR
o It is necessary to obtain such evidence by questioning (s.37(2)).
• If the custody officer becomes aware that the grounds on which a suspect’s
detention was authorised have ceased to apply, they must be released
immediately (s.39).
Conditions of Detention (paragraph 8.2-8.7)
• The cell in which a suspect is held must be adequately heated, cleaned and
ventilated, and adequately lit.
• Any bedding supplied to a suspect must be of a reasonable standard and in a
clean and sanitary condition.
,• A suspect must be provided with access to toilet and washing facilities.
• A suspect must be offered at least two light meals and one main meal in any 24-
hour period, and drinks should be provided at mealtimes and upon reasonable
request between meals.
• A suspect should be offered brief outdoor exercise daily if this is practicable.
• Suspects should be visited in their cells at least every hour (paragraph 9.3).
• If needed, custody officer must make arrangements to ensure that the suspect
receives appropriate clinical attention as soon as reasonably practicable
(paragraph 9.5 and 9.5A).
Detained for Questioning
The suspect must be informed about their ongoing rights which may be exercised
at any time whilst they are in custody:
a) The right to have someone informed of the suspect’s arrest.
b) The right for the suspect to consult privately with a solicitor.
c) The right to consult the Codes of Practice.
d) The right to be informed about the grounds for their detention and the offence for
which they are arrested and any further offences.
Right to Legal Advice (s.58 and paragraph 6.1)
• A suspect has the right to receive free and independent legal advice.
• The suspect may request to consult a solicitor privately at any time.
• If requested, they must be allowed to consult a solicitor ‘as soon as practicable’.
• Unless a suspect asks for legal advice to be paid for privately, the police must
contact the Defence Solicitor Call Centre (DSCC).
• Telephone advice can be provided by free through Criminal Defence Direct
(CDD).
• If a duty solicitor attends the police station to see a suspect, the suspect must be
informed of his arrival and must be asked if they would like to see the solicitor,
even if they previously declined legal advice (paragraph 6.15).
Delaying Legal Advice (s.58)
Any delay to legal advice must be:
a) Authorised by an officer of at least the rank of superintendent. AND
b) Only if the suspect has been arrested for an indictable offence.
Requirements:
• Delay can only be for a maximum of 36 hours from the relevant time.
• Authorisation can be given orally but must be confirmed in writing as soon as
practicable.
• Delay must end sooner if the reason for delay no longer apply.
Delay may only be authorised if the officer has reasonable grounds for believing
that the exercise of this right will:
,a) Lead to interference with or harm to evidence connected with an indictable
offence, or interference with or physical injury to other persons.
b) Lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it. OR
c) Hinder the recovery of any property obtained as a result of such an offence.
In R v Samuel, delay cannot be justified on mere suspicion, the risk must be real
and substantial.
Right to have Someone Informed of Arrest (s.56)
Police can delay this right:
• Only if authorised by an officer of at least the rank of inspector. AND
• Only when the suspect has been detained for an indictable offence.
Police officer can only authorise delay if they have reasonable grounds for
believing that telling the named person of the arrest will:
a) Lead to interference with or harm to evidence connected with an indictable
offence, or interference with or physical injury to other persons.
b) Lead to the alerting of other persons suspected of having committed such an
offence but not yet arrested for it. OR
c) Hinder the recovery of any property obtained as a result of such an offence
Length of delay can be for a maximum of 36 hours from the relevant time.
Authorisation can be given orally, but confirmed in writing as soon as practicable
Detention Time Limits
The Detention Clock
Section 41 provides that a person ‘shall not be kept in police detention for more
than 24 hours without being charged’. Beginning from the relevant time.
Relevant time:
a) In the case of a person attending voluntarily at the police station, who is then
arrested at the police station, relevant time is the time of their arrest.
b) In the case of a person who attends a police station to answer ‘street bail’
granted under s 30A, relevant time is the time when they arrive at the police
station.
c) In the case of a suspect who has been arrested away from the police station,
relevant time is the time when the suspect arrives at the first police station to
which they are taken after their arrest.
Extending Detention
Under s.42, the police have the power to extend the period of a suspect’s detention
in the police station up to a period of 36 hours, 12 additional hours from the relevant
time. Authorisation must be given by an officer of the rank of superintendent or
above and only if they have reasonable grounds for believing that:
, a) The detention of the suspect without charge 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.
b) The offence is an indictable offence.
c) The investigation is being carried out diligently and expeditiously.
To further extend detention (up to a max period of 72 hours), must get a warrant
from a magistrates’ court. Only justified if there are reasonable grounds to
believe that (s.43):
a) The suspect’s detention without charge is necessary to secure or preserve
evidence relating to an offence for which they are under arrest, or to obtain such
evidence by questioning them. AND
b) The investigation is being conducted diligently and expeditiously.
Can make an additional application to magistrates’ court to extend detention
further under s.44. This either cannot be longer than 36 hours or cannot end
later than 96 hours after the ‘relevant time’.
The Review Clock (s.40)
The police must carry out periodic reviews of the suspect’s detention to ensure
the grounds on which the detention was initially authorised are still applicable.
• If such reviews are not carried out, any detention after this point will be unlawful
and will amount to the tort of false imprisonment.
• Usually carried out by a ‘review officer’ at least the rank of inspector who is
not directly involved in the investigation.
• The first review must take place no later than 6 hours after the custody officer
first authorised the detention of the suspect.
• The second review must take place no longer than 9 hours after the first
review.
• Subsequent review must take place at intervals of no more than 9 hours.
Solicitor Arrival
