DETENTION & QUESTIONING OF SUSPECTS
Arrest by police: duty to take to the police station: Arrested person to be brought to the
designated police station as soon as practicable after arrest –s.30(1A) PACE unless
presence is necessary elsewhere for immediate investigation -
s.30(10)
Arrest by citizen: duty to take to the police or magistrate John Lewis Ltd v Tims [1952] AC
676 John Lewis & Co v Tims [1952:] H.L held delay was reasonable in the circumstances. If
a private person makes an arrest they must as soon as possible pass them onto the police.
Detention: the role of the custody officer
S.37 PACE: the custody officer shall determine whether he has before him sufficient
evidence to charge suspect with the offence for which he was arrested and may detain him
at
the police station for such period as is necessary to enable him to do so
Duration of Detention in custody:
PACE
- s. 34 Limitations on police detention: were grounds of detention cease to apply were officer
isn’t aware of any other reasonable grounds for the individual to be arrested then they must
be released.
- s. 36 Custody officers at the police station: looking at a requirement for people that have
been detained to come under the jurisdiction of custody officer rather than investigating
officer, they have to be different individuals.
-s. 39 Responsibilities in relation to persons detained: places responsibly on custody officer
to make sure that individuals are treated in an appropriate way
- Code C PACE: Code of Practice for the Detention, Treatment and Questioning of
persons by Police Officers
Detention: Charged Persons:
s.46 PACE: Detention after charge
Must be brought before a magistrates’ court as soon as it is practicable, and no later than
after the first sitting after he is charged with the offence
s.46 sets out general criteria for detention. Creates require that an individual has to be
brought before a court ASAP.
How long can the police detain someone without charge, this is a staggered approach:
Detention: Non-charged Persons
Stage I: PACE, s.43
A police officer of the rank of the superintendent or above can extend detention for up to 12
hours, yielding a total detention period of up to 36 hours. The clock starts running from
arrival at the designated police station
G v Chief Constable of West Yorks [2008]
s.42 Stage II:
PACE- A magistrates' court can extend detention for up to 36 hours, yielding a total
detention period of up to 72 hours
Stage III: PACE, s.44
A magistrates' court can extend detention for up to 36 hours. However, the total detention
Arrest by police: duty to take to the police station: Arrested person to be brought to the
designated police station as soon as practicable after arrest –s.30(1A) PACE unless
presence is necessary elsewhere for immediate investigation -
s.30(10)
Arrest by citizen: duty to take to the police or magistrate John Lewis Ltd v Tims [1952] AC
676 John Lewis & Co v Tims [1952:] H.L held delay was reasonable in the circumstances. If
a private person makes an arrest they must as soon as possible pass them onto the police.
Detention: the role of the custody officer
S.37 PACE: the custody officer shall determine whether he has before him sufficient
evidence to charge suspect with the offence for which he was arrested and may detain him
at
the police station for such period as is necessary to enable him to do so
Duration of Detention in custody:
PACE
- s. 34 Limitations on police detention: were grounds of detention cease to apply were officer
isn’t aware of any other reasonable grounds for the individual to be arrested then they must
be released.
- s. 36 Custody officers at the police station: looking at a requirement for people that have
been detained to come under the jurisdiction of custody officer rather than investigating
officer, they have to be different individuals.
-s. 39 Responsibilities in relation to persons detained: places responsibly on custody officer
to make sure that individuals are treated in an appropriate way
- Code C PACE: Code of Practice for the Detention, Treatment and Questioning of
persons by Police Officers
Detention: Charged Persons:
s.46 PACE: Detention after charge
Must be brought before a magistrates’ court as soon as it is practicable, and no later than
after the first sitting after he is charged with the offence
s.46 sets out general criteria for detention. Creates require that an individual has to be
brought before a court ASAP.
How long can the police detain someone without charge, this is a staggered approach:
Detention: Non-charged Persons
Stage I: PACE, s.43
A police officer of the rank of the superintendent or above can extend detention for up to 12
hours, yielding a total detention period of up to 36 hours. The clock starts running from
arrival at the designated police station
G v Chief Constable of West Yorks [2008]
s.42 Stage II:
PACE- A magistrates' court can extend detention for up to 36 hours, yielding a total
detention period of up to 72 hours
Stage III: PACE, s.44
A magistrates' court can extend detention for up to 36 hours. However, the total detention
