Time Limits with Arrests

Time Limits with Arrests

 

This is under Section 41,42,42,44 Code C of the Police and Criminal Evidence Act 1984.

The police should not detain you for more than 24 hours without charging you, unless an officer with the rank of superintendent (or above) or a magistrate gives permission. A police officer with the rank of superintendent (or above) can authorise detention for a further 12 hours. Magistrates can authorise further detentions for a further 96 hours if they wish to.

Also if a police officer with the rank of superintendent or above who is responsible for the police station at which a person is detained had reasonable grounds for believing that, the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, the release date may be prolonged. As well as this if the investigation is being conducted diligently or expeditiously, the superintendent may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.

Where an officer authorises the keeping of a person in police detention for longer the suspect in question must be informed of the grounds of the prolonged detention and the officer must record the grounds, in that persons custody record. Before determining whether to authorise the keeping of a person in detention an officer shall give that person or any solicitor representing him who is available at the time to give representations about the further detainment. A solicitor may give a representation orally or in writing to deter the further detention. The officer it falls to determine whether to give the authorisation may refuse to hear oral representation from the person in detention if he considers that he is unfit to make such representatives by reason of his condition or behaviour. If the suspect is released after the 36 hours they shall not be re-arrested without a warrant for the offence which he was previously arrested for, unless new evidence has come to light before his release.

A person’s further detention is only justified for the purposes of it being necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.

A warrant for further detention may be made at any time before the expiry of 36 hours in the case where is it not practicable for the magistrates’ court to which the application will be made to sit the expiry of 36 hours after the relevant time. However the court will sit during the 6 hours following the end of that period. At any time before the expiry of the said 6 hours, in the case where the application related may be kept in police detention until the application is heard and the custody officer shall make a note in that persons custody record.

The magistrates court may dismiss the warrant to further prolong release if it does not satisfy that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, then it shall be duty to refuse the application or to adjourn the hearing of it until a time not later than 36 hours after the relevant time. The person to whom the application relates to may be kept in police detention during the adjournment.

A warrant for further detention shall state the time at which it is issued, authorise the keeping in police detention of the person to whom it relates for the period stated in it. The period stated in a warrant of further detention shall be such a period as the Magistrates Court thinks fit, having regard to the evidence before it. The period shall not be longer that 36 hours, if it is proposed to transfer a person in police detention to a police area other than that in which he is detained, the application for the warrant of further detention is made, the court hearing the application shall have to regard the distance and the time the journey would take.

Any information submitted in support of an application shall state the nature of the offence which relates to why has he been arrested, the general nature of the evidence on which that person was arrested. What inquiries relating to the offence have been made by the police and what further inquiries proposed them. Then the reasons for believing the continued detention of that person to be necessary for the purposes of such further inquiries.

If the warrant is refused the person whom it relates toned not to be released before the expiry of the 24 hours after the relevant time or before the expiry of any longer period for which his continued detention is or has been authorised. A refused warrant means that no further applications shall be made in respect of the person, unless new supported evidence has come to light. The person whom it relates to shall be released from police detention, either on bail or without bail, upon or before the expiry of the warrant unless he is charged.

Also if you are suspected of a crime and have been released on bail, this time doesn’t count towards to the possible 96 hour detention period. Once charged, if you’re still in detention, you should be brought before the magistrates the next day (but not on Christmas day, Good Friday, or any Sunday).

Procedure regarding suspected Terrorists

This lies under the Terrorism Act 2006 and Code H or practice used by the police, it is under Section 23, 24, 25.

It suggests that if you’re arrested as a suspected terrorist, different rules apply. A judge can authorise a continued detention no longer than 14 days, if the suspect is pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence;”.

Paragraph 32 of that Schedule grounds on which a judicial authority may authorise further detention it states for the words from “to obtain” to “preserve relevant evidence” substitute “ as mentioned in sub-paragraph (1A) ”.

After that sub-paragraph insert the further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary, to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence or pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence.

This section does not apply in a case in which the arrest of the person detained under section 41 of the Terrorism Act 2000 took place before the commencement of this section; or if his examination under Schedule 7 to that Act began before the commencement of this section.