How long can the police hold you?
Discussion
Watching 24 hours in police custody last night, there was a guy arrested at 2.45 at Manchester airport then driven to Luton, they then interviewed him the following day once his solicitor arrived. They then said that they had until later that day (I cant remember the time) to charge or release,
When he was being booked into the police station, they asked the time of arrest, speaking to friends we always thought that the 24 hours was from time of arrest not arrival at the police station?
Anyone able to clear it up?
When he was being booked into the police station, they asked the time of arrest, speaking to friends we always thought that the 24 hours was from time of arrest not arrival at the police station?
Anyone able to clear it up?
TheK1981 said:
Watching 24 hours in police custody last night, there was a guy arrested at 2.45 at Manchester airport then driven to Luton, they then interviewed him the following day once his solicitor arrived. They then said that they had until later that day (I cant remember the time) to charge or release,
When he was being booked into the police station, they asked the time of arrest, speaking to friends we always thought that the 24 hours was from time of arrest not arrival at the police station?
Anyone able to clear it up?
The clock starts when he arrives at the relevant police station or 24 hours after arrest whichever is the sooner or lots of other things but basically from when they arrive at the police station. When he was being booked into the police station, they asked the time of arrest, speaking to friends we always thought that the 24 hours was from time of arrest not arrival at the police station?
Anyone able to clear it up?
TheK1981 said:
Thats what im querying, we all thought it was 24 hours from arrest, not 24 hours, plus a few hours travel time?
It is simple but the exceptions make matters complicated in a few rare cases and lots of exam questions. But yes 24 hours plus "Travel time" unless the "Travel time" is more than 24 hours which only comes into play if one force area arrests someone for another force area.TheK1981 said:
Thats what im querying, we all thought it was 24 hours from arrest, not 24 hours, plus a few hours travel time?
http://www.legislation.gov.uk/ukpga/2011/9/notes/division/4/1Point number 8 deals with the exact question.
In short, it's 24 hours from the moment detention is authorised in Police custody, not from the time of arrest.
un1corn said:
TheK1981 said:
Thats what im querying, we all thought it was 24 hours from arrest, not 24 hours, plus a few hours travel time?
http://www.legislation.gov.uk/ukpga/2011/9/notes/division/4/1Point number 8 deals with the exact question.
In short, it's 24 hours from the moment detention is authorised in Police custody, not from the time of arrest.
xjay1337 said:
So in theory you can arrest someone and keep them "arrested" and drive about for 6 hours before you take them to the police station and then you get the 24hrs ??
In theory but lots of other career and possibly liberty threatening things would come into play. But it does often happen that they are needed for something like a premises search for few hours. xjay1337 said:
So in theory you can arrest someone and keep them "arrested" and drive about for 6 hours before you take them to the police station and then you get the 24hrs ??
I think there's something in PACE stating that initial transfer must be to the nearest suitable designated Police station or something like that. I cba to find it.xjay1337 said:
So in theory you can arrest someone and keep them "arrested" and drive about for 6 hours before you take them to the police station and then you get the 24hrs ??
In practice you could be sat in a waiting room for that length of time before you even see the custody officer! I once started a night shift and there were 11 detainees waiting to be booked in.The maximum period of detention, with exceptions, under the authority of the police for someone not charged with an offence is 36 hours, and that's normally from the time the person is presented to the custody officer. The period can be extended, but not under the authority of the police.
The CO allows 6 hours, an inspector allows detention for a further 18, and a super can add 12 hours to that.
All the information is in the Codes of Practice under the PACE Act. You can get a copy from the CO or gaoler when you are arrested.
If you think this is excessive, then don't become a terrorist.
Whilst not without its faults, some of which had not been remedied by 2005 despite revisions, the PACE Act is a good bit of legislation. It not only protects the prisoner, those who control their custody, and those who deal with them as well, but restricts the ability of defences to cast doubts on matters such as confessions, statements and identification.
The CO allows 6 hours, an inspector allows detention for a further 18, and a super can add 12 hours to that.
All the information is in the Codes of Practice under the PACE Act. You can get a copy from the CO or gaoler when you are arrested.
If you think this is excessive, then don't become a terrorist.
Whilst not without its faults, some of which had not been remedied by 2005 despite revisions, the PACE Act is a good bit of legislation. It not only protects the prisoner, those who control their custody, and those who deal with them as well, but restricts the ability of defences to cast doubts on matters such as confessions, statements and identification.
XCP said:
xjay1337 said:
So in theory you can arrest someone and keep them "arrested" and drive about for 6 hours before you take them to the police station and then you get the 24hrs ??
In practice you could be sat in a waiting room for that length of time before you even see the custody officer! I once started a night shift and there were 11 detainees waiting to be booked in.Edited by Bigends on Tuesday 2nd April 19:59
Bigends said:
The clock starts as soon as they reach the Police station - any waiting time eats up the minutes. Initial maximum detention time is 24 hours though this can be extended in the case of serious matters.
I think that's not quite right.Edited by Bigends on Tuesday 2nd April 19:59
The custody officer authorises detention for 6 hours.
If the OIC then wants more time, an inspector will ensure that there has been no unnecessary delay and that there is a reason to detain. The inspector can then authorise further detention, although they have to listen to objections/concerns/representations by the detainee or their rep. Certain other people can be allowed to clutter the process. This is up to a maximum of 24 hours, and the term maximum is important.
If the OIC then requires further detention, the reviewing officer is a super. This is up to a maximum of 36 hours. I think there's more justification for the initial maximum term to be 6 hours than 24 as after that the control is removed from the custody officer.
So detention is a staged process. The CU has authority up to 6 hours, the review officer up to 24 hours and a super up to 36. (There are conditions attached to each.) The answer to the OP's question is 36 hours.
The police can apply for further detention, but that takes it out of the control of the police although the detainee will be held by the police in normal circumstances.
Matt_E_Mulsion said:
Well I think the program made Bedfordshire CID look a right shambles.
Not half. What a complete f
king shambles. If the tit kept his mouth shut I reckon he might well have got away with it. Either way a couple of years for a shipping container full of class A an B isn’t bad.
BumbleTumble said:
On topic question, what happens in term's of solicitors?
If the detained's solicitor cannot make it for that 24hr period, does the timer stop at all? Seems like it could be a fairly useful tactic for getting your client out of an interview.
They'll find you another one. ( you can take advice on the phone meantime). Any decent solicitor who cannot attend will send a 'clerk' or another solicitor. Faffing about by the legal profession does not stop the clock.If the detained's solicitor cannot make it for that 24hr period, does the timer stop at all? Seems like it could be a fairly useful tactic for getting your client out of an interview.
I once had a CPS solicitor tell me she'd make a charging decision 'once I've had my lunch' I pointed out it would be too late by then as I'd have had to release him in 25 minutes.
'Lunch', incidentally, is a quaint and rather charming concept that I have only discovered post retirement.
Derek Smith said:
Bigends said:
The clock starts as soon as they reach the Police station - any waiting time eats up the minutes. Initial maximum detention time is 24 hours though this can be extended in the case of serious matters.
I think that's not quite right.Edited by Bigends on Tuesday 2nd April 19:59
The custody officer authorises detention for 6 hours.
If the OIC then wants more time, an inspector will ensure that there has been no unnecessary delay and that there is a reason to detain. The inspector can then authorise further detention, although they have to listen to objections/concerns/representations by the detainee or their rep. Certain other people can be allowed to clutter the process. This is up to a maximum of 24 hours, and the term maximum is important.
If the OIC then requires further detention, the reviewing officer is a super. This is up to a maximum of 36 hours. I think there's more justification for the initial maximum term to be 6 hours than 24 as after that the control is removed from the custody officer.
So detention is a staged process. The CU has authority up to 6 hours, the review officer up to 24 hours and a super up to 36. (There are conditions attached to each.) The answer to the OP's question is 36 hours.
The police can apply for further detention, but that takes it out of the control of the police although the detainee will be held by the police in normal circumstances.
Although once charged and remanded the PACE clock stops and the 24 hours limit is removed
There are a number of variables and the PACE clock can under certain circumstances be triggered before they arrive at the dealing custody suite, or they can be held elsewhere without triggering the clock or the clock can be temporarily halted
But I’m not going into it any deeper as it can fry custody officers brains and as i’m retired now I don’t have to put myself through that
The time detention authorised and the start of relevant time can be different
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