Advising clients at the police station - Detention time limi...

Learning Outcomes

This article outlines police station detention time limits and review safeguards under PACE 1984, including:

• the statutory framework governing detention before charge and the concept of relevant time;
• calculation of the initial 24-hour detention period and the effect of transfer between stations;
• grounds, decision-makers and procedures for extensions by a superintendent and by magistrates’ court warrants up to the 96-hour maximum;
• the separate review clock, review intervals, and the role, independence and powers of the review officer;
• how voluntary attendance, street bail, police bail and release under investigation stop, start or pause the detention clock;
• opportunities for the suspect or their solicitor to make representations on continued detention or extensions, and how these are recorded in the custody record;
• the interaction between detention rules and delayed rights to legal advice or having someone informed, with particular focus on indictable offences;
• the legal and practical consequences of non-compliance, including unlawful detention, false imprisonment claims, potential exclusion of evidence under PACE s 78, and Article 5 ECHR considerations;
• structured exam strategies for applying these rules to SQE1-style problem questions when advising clients in custody scenarios.

SQE1 Syllabus

For SQE1, you are required to understand the practical application of PACE 1984 and Code C regarding detention time limits and reviews. You should be able to apply these rules to factual scenarios, identify breaches, and advise on their consequences, with a focus on the following syllabus points:

• The initial 24-hour limit for detention without charge and when the 'detention clock' starts (the ‘relevant time’).
• How voluntary attendance and ‘street bail’ affect the relevant time.
• The grounds and procedure for authorising detention beyond 24 hours by a superintendent (up to 36 hours), including the opportunity for representations and the requirement to record reasons.
• The grounds and procedure for applying to a magistrates’ court for warrants of further detention (up to 96 hours), including private hearings, live link, and attendance rights.
• The requirements for periodic reviews of detention, including timing, how the separate ‘review clock’ runs, and the independence and role of the review officer.
• The need for the investigation to be conducted diligently and expeditiously as a condition of continued detention.
• That extended detention is only available for indictable offences (including either-way) and is not available for summary-only offences.
• How police bail and release under investigation (RUI) affect the detention clock (including stopping and resuming).
• The consequences of unlawful detention (including false imprisonment, and potential exclusion of evidence under PACE s 78) and the civil liberties context under Article 5 ECHR.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the maximum initial period a suspect can be detained without charge under PACE 1984?
   1. 12 hours
   2. 24 hours
   3. 36 hours
   4. 48 hours
2. Who can authorise the first extension of detention beyond 24 hours (up to 36 hours)?
   1. Custody Officer
   2. Inspector
   3. Superintendent
   4. Magistrates' Court
3. What is the absolute maximum period a suspect can be detained without charge, including all extensions granted by the courts?
   1. 48 hours
   2. 72 hours
   3. 96 hours
   4. 120 hours
4. When must the first review of a suspect's detention take place?
   1. Within 3 hours of detention being authorised
   2. Within 6 hours of arrival at the police station
   3. Within 6 hours of detention being authorised
   4. Within 9 hours of detention being authorised

Introduction

When advising a client detained at a police station, a critical aspect of your role is to ensure their detention is lawful. The Police and Criminal Evidence Act 1984 (PACE) and Code C of its Codes of Practice set strict limits on how long a suspect can be held without charge and mandate regular reviews of the necessity for continued detention. Understanding these time limits and review procedures is fundamental for protecting a client's rights and identifying potential breaches by the police, which could impact the admissibility of evidence obtained during detention. This article focuses on these core principles relevant for the SQE1 assessment, and links the custody process to record-keeping, representations, and the civil liberty safeguards around deprivation of liberty.

Key Term: Custody Record
A contemporaneous record kept by the custody officer of all significant events and decisions during detention, including the time of arrival, authorisation, review timings, reasons for detention and extensions, rights offered and exercised, and any representations. It is disclosable to the detainee or their solicitor and is central to evidencing lawfulness.

Key Term: Detention Clock
The statutory maximum time window within which a person can be detained without charge. It starts at the relevant time and runs towards 24 hours, with potential extensions up to 36 and then 96 hours, subject to strict statutory conditions.

Key Term: Review Clock
The separate timetable for mandatory periodic reviews of the necessity of detention before charge. It starts when detention is first authorised by the custody officer and runs independently of the detention clock.

The Initial Detention Period

The general rule under PACE 1984, s 41 is that a suspect cannot be kept in police detention for more than 24 hours without being charged. This period is often referred to as the 'detention clock'. It runs only while the suspect is actually in police detention, and can be stopped by release on police bail or release under investigation (the clock resumes on any later return to custody for the same matter).

Key Term: Relevant Time
The point at which the maximum period for detention without charge begins. Usually the time of arrival at the designated police station after arrest, or the time of arrest if arrested at the station (including where a volunteer is arrested). For those attending to answer ‘street bail’, it starts on arrival for interview.

The Relevant Time

The 24-hour detention clock starts running from the 'relevant time'. This is usually the time the suspect arrives at the police station following their arrest elsewhere (s 41(2)(d)). If the suspect attends the police station voluntarily and is subsequently arrested there, the relevant time is the time of the arrest (s 41(2)(c)). If the suspect was granted ‘street bail’ after arrest and required to attend later, the relevant time is when they arrive at the station to answer their bail (s 41(2)(ca)). The ‘relevant time’ is determined by the first station to which the suspect is taken; moving stations does not reset the clock.

Key Term: Street Bail
A power to release an arrested person on bail before arrival at a police station, requiring them to attend later. The detention clock does not start until they arrive to answer street bail; the relevant time is the time of that arrival.

Once the 24-hour limit expires, the suspect must either be charged with an offence or released (either unconditionally or on bail). Failure to do so renders the detention unlawful. In practice, many investigations conclude well within 24 hours, and suspects may be released under investigation (RUI) or on police bail while enquiries continue. Bail or RUI stops the detention clock at the point of release; if the suspect is later re-detained for the same investigation, the clock resumes from the remaining time.

Extensions to the Initial Detention Period

In certain circumstances, the police can apply to extend the detention period beyond the initial 24 hours. The grounds and procedures for extensions depend on the length of extension sought and the seriousness of the offence. Extended detention is available only for indictable offences (including either-way), never for summary-only offences.

Extension up to 36 Hours (Superintendent's Authorisation)

Under PACE 1984, s 42, an officer of at least the rank of superintendent can authorise continued detention for up to a further 12 hours, bringing the total maximum detention period to 36 hours from the relevant time.

This authorisation can only be given if:

• The offence is an indictable offence (this includes either-way offences).
• The superintendent has reasonable grounds for believing that:
  • Further detention is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning them; AND
  • The investigation is being conducted diligently and expeditiously.

Before authorising the extension, the superintendent must give the suspect (or their solicitor) an opportunity to make representations (s 42(6)). Reasons must be recorded in the custody record, and the extension must be authorised before the 24-hour period expires. Authorisation does not entitle continued detention in all circumstances for the full additional 12 hours; detention must still be kept under review, and should cease earlier if the grounds lapse.

Extension beyond 36 Hours (Magistrates' Court Warrant)

Detention beyond 36 hours requires judicial authorisation from a magistrates' court. The police must apply for a warrant of further detention under PACE 1984, s 43.

The application must be made before the 36-hour limit expires and must be supported on oath. The hearing is held in private unless the court directs otherwise; it can proceed by attendance or live link. The court must be satisfied that:

• The offence is an indictable offence.
• There are reasonable grounds for believing further detention is necessary to secure or preserve evidence or obtain it by questioning.
• The investigation is being conducted diligently and expeditiously.
• There are reasonable grounds to suspect the person’s involvement in the offence under investigation.

The court can authorise further detention for a period it thinks fit, up to a maximum of 36 hours on the first application, bringing the total to 72 hours (24 + 12 + 36). The suspect or their solicitor may make representations. As with police extensions, continued detention must be reviewed and must cease if the grounds for detention no longer exist.

Key Term: Warrant of Further Detention
A warrant issued by a magistrates' court authorising the police to detain a suspect without charge beyond 36 hours, up to a maximum of 96 hours in total, in private hearing on oath, subject to strict necessity and diligence conditions.

A second application can be made to the magistrates' court under PACE 1984, s 44 for a further extension. Again, the court must be satisfied that the same grounds exist. The court can extend detention for a further period it thinks fit, up to another 36 hours, but the absolute maximum period of detention without charge is 96 hours from the relevant time. Once 96 hours is reached, the suspect must be charged or released.

Worked Example 1.1

A suspect, Anya, is arrested for robbery (an indictable-only offence) at 14:00 hrs on Monday. She arrives at the police station at 14:30 hrs. The custody officer authorises her detention at 14:45 hrs. By when must Anya be charged or released, assuming no extensions? If the police need more time, what is the first step they must take, and what is the maximum detention period they could achieve through this first step?

Answer:
The 'relevant time' is 14:30 hrs on Monday (arrival time). The initial 24-hour detention period expires at 14:30 hrs on Tuesday. If the police need more time, the first step is for an officer of at least superintendent rank to authorise continued detention under s 42 PACE. This authorisation must be given before 14:30 hrs on Tuesday. This can extend detention by up to 12 hours, meaning Anya could be detained until 02:30 hrs on Wednesday (36 hours from the relevant time).

Worked Example 1.2

Following on from Worked Example 1.1, the superintendent authorises continued detention until 02:30 hrs on Wednesday. The police still believe they need more time to question Anya. What must they do, and what is the maximum possible detention period that could be authorised?

Answer:
Before 02:30 hrs on Wednesday, the police must apply to the magistrates’ court for a warrant of further detention under s 43 PACE. The court could authorise detention for up to a further 36 hours (ie, until 14:30 hrs on Thursday, 72 hours total). If still required, the police could make a second application under s 44 PACE for a further extension, again up to 36 hours, but subject to the absolute maximum of 96 hours from the relevant time. Therefore, the maximum detention period could potentially reach 14:30 hrs on Friday (96 hours after 14:30 hrs Monday).

Worked Example 1.3

Jordan is arrested for common assault (a summary-only offence) and arrives at the police station at 10:00 hrs. Can Jordan’s detention be extended beyond 24 hours under s 42 or s 43 PACE?

Answer:
No. Extended detention beyond 24 hours under s 42 and warrants of further detention under ss 43–44 only apply to indictable offences (including either-way). For summary-only offences, the maximum detention without charge is 24 hours from the relevant time, subject to earlier release if the grounds cease.

Worked Example 1.4

Priya is arrested for burglary at 08:00 hrs, arrives at 08:30 hrs, and is detained. At 20:00 hrs the police release Priya on police bail to return in two weeks pending forensic analysis. Does the detention clock stop, and what happens if Priya is later re-detained on return?

Answer:
Yes. Release on police bail stops the detention clock. If Priya is later re-detained on return for the same investigation, the clock resumes from the remaining balance (here, 24 hours less the elapsed time already spent in detention). Any extended detention will still require the usual s 42/s 43 safeguards.

Reviews of Detention

To safeguard against unlawful detention, PACE 1984, s 40 requires the police to carry out periodic reviews of a suspect’s detention before charge. This review mechanism is separate from the detention clock and has its own timetable.

Key Term: Review Officer
An officer of at least the rank of inspector, not involved in the investigation, responsible for carrying out periodic reviews of a suspect's detention before charge, ensuring continued necessity and recording reasons.

The purpose of the review is to determine if the grounds for detention authorised by the custody officer still apply (ie, is detention still necessary to secure/preserve evidence or obtain it by questioning?). The review officer must be independent of the investigation and must provide the suspect or their solicitor an opportunity to make representations. Reviews can be carried out in person, by telephone or live link, and must be recorded in the custody record with the reasons.

Timing of Reviews

The timing of reviews operates on a separate ‘review clock’, which starts when detention is first authorised by the custody officer (Code C, para 15.1).

• The first review must take place no later than 6 hours after detention was first authorised.
• The second review must take place no later than 9 hours after the first review.
• Subsequent reviews must take place at intervals of no more than 9 hours.

Reviews must occur even overnight (they can be via live link or phone), and the suspect or solicitor should still be given the opportunity to make representations. Review timings do not reset the detention clock; both clocks continue to run in parallel.

Key Term: Review Clock
The separate schedule of mandatory detention reviews (first within 6 hours of authorisation, then every 9 hours thereafter), independent of the detention clock.

Procedure for Reviews

The review officer must give the suspect (or their solicitor) an opportunity to make representations about the continued detention (s 40(12)). The review officer must record the outcome of the review and the reasons for continued detention (if applicable) in the custody record. If the grounds for detention have fallen away (eg no further questioning is contemplated, or evidence can be secured without detention), continued detention becomes unlawful and the suspect should be released.

Exam Warning

Do not confuse the 'detention clock' (maximum periods of detention starting from the relevant time) with the 'review clock' (intervals for reviewing detention starting from authorisation). An exam question might test your understanding of when each clock starts and the different time periods involved.

Worked Example 1.5

Luca arrives at 09:15 hrs, detention is authorised at 09:30 hrs, and no extension is sought. When must detention reviews take place, and what happens if a review is missed?

Answer:
The first review must occur no later than 6 hours after authorisation, i.e., by 15:30 hrs. The second review must occur no later than 9 hours after the first review, i.e., by 00:30 hrs, and subsequent reviews at intervals of no more than 9 hours thereafter while Luca remains detained without charge. If a review is missed, continued detention is unlawful from the point the review should have taken place, exposing the force to civil liability (false imprisonment) and potentially undermining any evidence obtained during the period of unlawful detention.

Safeguards, Delay of Rights, and Practical Consequences

While the focus here is on time limits and reviews, some allied safeguards directly affect lawfulness and detention timing.

• Legal advice: detainees are entitled to free, independent legal advice at any time. Exceptionally, access may be delayed for up to 36 hours for indictable offences where specific risks apply (interference/harm to evidence or persons, alerting other suspects, hindering recovery of property) and only if authorised by a superintendent; the reason must be recorded in the custody record and kept under review.
• Right to have someone informed: similar delay grounds exist (authorised by an inspector) for up to 36 hours for indictable offences where the same risks exist; again, reasons must be recorded.
• Representations: before a s 42 extension, the suspect or solicitor must be allowed to make representations; before s 43/44 warrants, attendance (physically or by live link) may be allowed and representations heard.
• Diligence and expedition: at every stage, the investigation must be conducted diligently and expeditiously; undue delay or inactivity can defeat the legal basis for continued detention.

Worked Example 1.6

Sara, arrested for fraud (either-way), requests legal advice immediately. The investigating officer believes contacting Sara’s nominated solicitor may alert a co-suspect not yet arrested. Can access to legal advice be delayed, and for how long?

Answer:
Access may be delayed only if a superintendent authorises delay under the narrow grounds (interference with evidence, harm to persons, alerting suspects, hindering recovery of property) and only for as long as strictly necessary, up to a maximum of 36 hours from the relevant time. The decision and reasons must be recorded, kept under review, and the delay lifted as soon as the grounds cease.

Consequences of Breach

Failure to carry out a review within the required timescales, authorising extensions without proper grounds or opportunity for representations, or continuing detention when the grounds no longer exist, renders the detention unlawful from that point onwards. Evidence obtained during a period of unlawful detention may be inadmissible under PACE 1984, s 78 where admission would adversely affect the fairness of proceedings. Continued unlawful detention can also constitute false imprisonment, with civil liability for damages. Lawfulness is additionally scrutinised against Article 5 ECHR (right to liberty); poor record-keeping and failures to review or justify detention are likely to be incompatible with those protections.

Key Point Checklist

This article has covered the following key knowledge points:

• The detention clock begins at the relevant time: usually arrival at the police station after arrest, or time of arrest at the station (including volunteers).
• The initial maximum period of detention without charge is 24 hours from the relevant time; moving station does not reset the clock.
• Extended detention (up to 36 hours total) can be authorised by a superintendent under s 42 only for indictable offences and only if detention remains necessary and the investigation is diligent and expeditious.
• Detention beyond 36 hours requires a court warrant under s 43 (first warrant up to 36 hours) and s 44 (second extension up to a further 36 hours), subject to an absolute maximum of 96 hours.
• The suspect or solicitor must be given an opportunity to make representations before a s 42 authorisation and can attend (or appear by live link) on s 43/44 applications.
• The review clock is separate: first review no later than 6 hours after detention was authorised, then every 9 hours while detained without charge; reviews must be recorded and reasons stated.
• Bail or RUI stop the detention clock; if the suspect is later re-detained for the same investigation, the clock resumes from the remaining time.
• Delay of access to legal advice or of the right to have someone informed is exceptional, time-limited to up to 36 hours for indictable offences, and must be properly authorised and recorded.
• Failure to observe time limits, review procedures or diligence requirements can render detention unlawful, engage false imprisonment liability, and lead to exclusion of evidence under s 78 PACE.

Key Terms and Concepts

• Relevant Time
• Detention Clock
• Review Clock
• Custody Record
• Street Bail
• Warrant of Further Detention
• Review Officer