Reviews and detention time limits under PACE 1984, Code C

Reviews and Detention Time Limits Under PACE 1984, Code C

The Police and Criminal Evidence Act 1984 (PACE) and its associated Codes of Practice, particularly Code C, establish detailed procedures and safeguards regarding the detention, treatment, and questioning of suspects by the police. These provisions are designed to protect the rights of detainees and ensure that police powers are exercised lawfully and fairly. Key aspects of these protections include the review of detention and specific time limits for how long a person can be held in custody without charge.

Detention Reviews

Under PACE Code C, the detention of suspects must be periodically reviewed by a custody officer to ensure it remains necessary. These reviews serve as a critical oversight mechanism to prevent unlawful or prolonged detention. The key provisions include:

• ★ Initial Review: The first review of a detainee's custody must occur no later than six hours after their arrival at the police station or the start of the detention.
• ★ Subsequent Reviews: Following the initial review, further reviews must take place at intervals not exceeding nine hours. These reviews assess whether continued detention is justified, considering factors such as the progress of the investigation and the detainee's well-being.
• ★ Conduct of Reviews: Reviews must be conducted by a custody officer not directly involved in the investigation. The detainee or their legal representative must be informed of the reasons for continued detention, and they have the right to make representations during these reviews.

Detention Time Limits

PACE also sets strict time limits on the duration a person can be detained without being charged, to protect against unnecessary or indefinite detention. The key time limits include:

• ★ Standard Detention: Generally, a person can be detained for up to 24 hours without charge. This period can be extended by a senior officer (superintendent or above) for an additional 12 hours, bringing the maximum to 36 hours, if the offence is indictable and continued detention is necessary.
• ★ Detention for Serious Offences: For serious offences, such as those involving violence or large-scale fraud, the police can apply to a magistrates' court to extend the detention period up to a maximum of 96 hours. The court must be satisfied that the extension is necessary for further investigation and that it is reasonable in all circumstances.
• ★ Terrorism-Related Detention: Special provisions apply to terrorism-related offences, where detention without charge can be extended beyond 96 hours under separate legislation, subject to stringent judicial oversight.

Legal Protections and Oversight

PACE Code C provides additional safeguards to protect the rights of detainees during detention, including:

• ★ Right to Legal Advice: Detainees have the right to consult with a solicitor privately at any time during detention.
• ★ Right to Inform Someone of Arrest: Detainees can request that someone be informed of their arrest and detention.
• ★ Welfare and Conditions: Custody officers are responsible for ensuring the detainee's welfare, including providing adequate rest, food, and medical care.

Conclusion

The provisions under PACE 1984 and Code C regarding reviews and detention time limits are crucial for balancing the needs of effective law enforcement with the protection of individual rights. These safeguards ensure that the detention of suspects is necessary, proportionate, and subject to regular oversight. The legal framework requires that all detentions are reviewed at regular intervals, with clear limits on the maximum duration a person can be held without charge. These measures are essential for upholding the rule of law and preventing abuses of power within the criminal justice system.