Detention and Questioning
under PACE 1984
1
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
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.
3
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’.
4
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.
5
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.
6
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.
7
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.
8
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.
9
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.
10
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.
11
12
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.
13
S. 40 PACE says
continued detention
must be regularly
reviewed by a ‘review
officer’- at least an
inspector - not involved
in the investigation.
14
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.
15
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.
16
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.
17
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.
18
Remember – an
indictable offence is one
that can only be tried in
the Crown Court.
19
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.
20
21
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.
22
I must also have reasonable
grounds for believing that the
investigation is being
conducted ‘diligently and
expeditiously: s. 42.
23
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’.
24
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.
25
• An application for a warrant of further detention
is governed by ss.43-45 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.
26
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’.
27