PACE 1984: Custody Time Limits and Detention Review
The Basic Rule
- s.41 PACE 1984: Police may detain a suspect without charge for up to 24 hours from the "relevant time" (generally, arrival at the custody suite).
- s.42 PACE 1984: A superintendent or above may authorise continued detention up to 36 hours if the offence is an indictable offence, the investigation is being conducted diligently, and detention is necessary to secure/preserve evidence or question the suspect.
- ss.43–44 PACE 1984: A magistrates' court warrant can extend detention to a maximum of 96 hours total (warrant of further detention + one extension).
Review of Detention
- s.40 PACE 1984: Reviews must be conducted by a review officer (inspector or above, not involved in the investigation).
- First review: no later than 6 hours after detention was authorised.
- Subsequent reviews: at intervals of no more than 9 hours.
- Reviews may be conducted by telephone or video-link (Code C).
Right to Have Someone Informed / Legal Advice
- s.56 PACE 1984: Right to have a person informed of arrest — may be delayed up to 36 hours for indictable offences on superintendent's authorisation.
- s.58 PACE 1984: Right to consult a solicitor privately — same delay power applies.
- Code C (Code of Practice) governs treatment of detained persons.
Common Exam Traps
- The 36-hour extension requires a superintendent — an inspector cannot authorise it.
- Beyond 36 hours, only a magistrates' court (not a superintendent) can authorise further detention.
- The 96-hour maximum is absolute — no further extensions are possible.
- Confusing the review officer (inspector) with the extension authoriser (superintendent) is a classic distractor.
Exam tip: Always work through the detention clock chronologically: 24h (custody sergeant) → 36h (superintendent) → 96h (magistrates' court). Any question about who authorises what at each stage tests this ladder.