Detention and Questioning under PACE 1984

Detention and Questioning under PACE 19841

When a suspect is arrested the basic procedure is that they should be taken as soon as practicable to a designated* police station.* A police station with a custody officer and the safeguards for suspects contained in PACE 1984 and Code C223Why do the police need a power to detain people prior to charge?

To question the suspect to see if there is sufficient evidence to bring a charge, or to get such evidence.

4The powers and responsibilities of the police, and the rights of those detained prior to charge, are now mainly governed by Parts IV and V of PACE, and Code of Practice C.

It is the job of the custody officer to ensure that PACE and Code C are complied with. He is in charge of the custody record.

5The custody officer must be at least of the rank of sergeant.He must open a custody record for every person brought to the police station under arrest, or arrested at the police station. This acts like a log book of the persons time in the station.

6An arrested person in the police station must beimmediately informed in writing that he has the rightto:

have someone informed of the arrest, (s. 56 PACE); legal advice, (s. 58 PACE);

consult the Codes of Practice.

These are all continuing rights.7As a custody officer, the next thing I must do is decide under S. 37 PACE whether the person is to be detained. Article 5 (1) European Convention on Human Rights says I must reasonably suspect that the person has committed an offence if I am to authorise their detention.

8According to s. 37 PACE I must first ask myself, if there is sufficient evidence to charge the person with the crime for which they were arrested. If there is, then they should be charged.After charge they will be released with or without bail unless continued detention is necessary under s. 38 PACE.

9Under s. 38 I may authorise continued detention where:

I have reasonable grounds for believing that this is necessary to secure or preserve evidence relating to an offence for which the person is under arrest; or

2. I have reasonable grounds to believe this is necessary in order to obtain evidence by questioning the person.

10Under s. 54 PACE ,(as amended by Criminal Justice Act 2003), I must ascertain what is in the possession of the detainee, and make a record of this if I wish. This may require a search of the detainee. I will seize and retain anything that I reasonably believe the detainee may use to cause physical injury, damage to property, interference with evidence, or to assist escape.

11The Anti-Terrorism Crime and Security Act 2001 created s. 54A PACE. This says an Inspector can authorise a search or examination in order to ascertain the detainees identity, particularly for establishing whether he has any mark that would identify him as a person involved in the commission of an offence.

12As Stone says, since PACE permits detention without charge for a specified period of time,it is important to know the point from which time begins to run. There are fairly complexrules to cover a range of different situations,but at its simplest, PACE says that therelevant time is arrival at the police station: (s. 41).

Where someone is arrested in the police station,the time of arrest is the relevant time.13S. 41 PACE creates the general rule that a person who is in police detention 24 hours after the relevant time must be charged or released.

14S. 40 PACE says continued detention must be regularly reviewed by a review officer- at least an inspector - not involved in the investigation. 15As a review officer I must carry out the first review no later than 6 hours after detention was first authorised by the custody officer. Subsequent reviews must take place at intervals of not more than 9 hours.

16In carrying out the review, I must consider the same issues, and follow the same procedures* as the custody officer does in dealing with the initial decision to detain.

* See slide 9 to remind yourself of these.

17Roberts v Chief Constable of the Cheshire Constabulary [1999] held that if a review does not take place at the proper time, the detainee is entitled to compensatory damages for false imprisonment.

18We have the power under PACE to detain suspects without charge beyond the normal 24 hours, where at least one of the offences for which the detainee has been arrested is an indictable offence.

19Remember an indictable offence is one that can only be tried in the Crown Court.20Where we have arrested you for an indictable offence, we can possibly extend your detention from 24 to 96 hours, as long as we follow the correct procedures and a magistrates court approves it.

21The initial power to extend detention beyond 24 hours must be exercised by an officer of at least the rank of superintendent who is responsible for the police station at which the person is detained. 22If I am to extend the detention of a person suspected of an indictable offence, I must have reasonable grounds for believing that continued detention is necessary to secure or preserve evidence relating to an offence, or to obtain such evidence by questioning: s. 42.

23I must also have reasonable grounds for believing that the investigation is being conducted diligently and expeditiously: s. 42.

24If I have the required reasonable grounds and I have given the detainee/detainees solicitor an opportunity to make representations about detention, I may authorise continued detention for up to 36 hours from the relevant time.

25When the 36 hours are up the detainee must either be charged, kept in detention in accordance with a magistrates warrant under s. 43, or released.

26 An application for a warrant of further detentionis governed by ss.43-45 PACE. It must be madeto a magistrates court within 36 hours of the relevant time. The hearing is inter-partes and thedetainee is entitled to legal representation.

The grounds for issuing a warrant of further detention are the same as those for authorisingcontinued detention.

If the warrant is issued it may extend detentionfor a further 36 hours.27If the police wish to extend a warrant of further detention they must submit a new application to the magistrates court. After a similar hearing a warrant may be issued under s. 44 PACE extending detention for a maximum total of 96 hours from the relevant time.