Detention and Questioning under PACE

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 C 2

3 Why 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.

4 The 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’.

5 The 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 person’s time in the station.

6 An arrested person in the police station must be immediately informed in writing that he has the right to: have someone informed of the arrest, (s. 56 PACE); legal advice, (s. 58 PACE); consult the Codes of Practice. These are all continuing rights.

7 As 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.

8 According 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.

9 Under s. 38 I may authorise continued detention where: 1.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.

10 Under 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.

11 The 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 detainee’s identity, particularly for establishing whether he has any mark that would identify him as a person involved in the commission of an offence.

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13 S. 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.

14 S. 40 PACE says continued detention must be regularly reviewed by a ‘review officer’- at least an inspector - not involved in the investigation.

15 As 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.

16 In 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.

17 Roberts 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.

18 We 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.

19 Remember – an indictable offence is one that can only be tried in the Crown Court.

20 Where 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.

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22 If 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.

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

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

25 When 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 detention is governed by ss PACE. It must be made to a magistrates’ court within 36 hours of the relevant time. The hearing is inter-partes and the detainee is entitled to legal representation. The grounds for issuing a warrant of further detention are the same as those for authorising continued detention. If the warrant is issued it may extend detention for a further 36 hours.

27 If 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’.