Police station advice & PACE

CRP.01 — Police Station Advice & PACE

Framework. Detention and questioning are governed by the Police and Criminal Evidence Act 1984 (PACE) and the PACE Codes of Practice (Code C = detention/questioning; Code G = arrest; Code D = identification; Code H = terrorism). Breaches do not auto-exclude evidence but feed s.78 PACE (unfair) and s.76 PACE (confessions: oppression / unreliability).

Custody officer before charge. An appointed custody officer must be at least a sergeant (PACE s.36(3)). The general rule is that a custody officer's functions must not be performed by an officer who is at that time involved in investigating an offence for which the person is in police detention (s.36(5)). At a designated station an officer of any rank may perform the functions if a custody officer is not readily available (s.36(4)); this does not itself relax the independence rule. At a non-designated station the functions are performed by an uninvolved officer if one is readily available and, only if none is, by the officer who took the person to the station or any other officer (s.36(7)). Section 36(6) preserves the custody officer's statutory and Code functions, s.39 duties, suspect-identification work and Road Traffic Act 1988 ss.7-8 functions. Separately, s.39(2) transfers the duty to ensure proper treatment when custody is transferred in accordance with a Code for investigation or outside the station; it does not make the investigating officer the independent custody decision-maker. For an arrest without warrant, or under a warrant not endorsed for bail, the custody officer must determine as soon as practicable whether there is sufficient evidence to charge (s.37(1), (10)). This is an independent decision, not merely recording the arresting officers' wishes.

If evidence is insufficient, the detainee must be released, on bail if its preconditions are met and otherwise without bail, unless the custody officer has reasonable grounds for believing continued detention without charge is necessary to secure or preserve evidence relating to an offence for which the person is under arrest, or obtain that evidence by questioning (s.37(2)-(3)). Grounds for authorised detention must be recorded in writing as soon as practicable, normally in the detainee's presence with the grounds explained; s.37(6) states the exceptions (s.37(4)-(6)). Do not confuse initial authorisation with the separate pre-charge review or extension powers below.

Detention clock & reviews.

• Standard limit: 24 hours from "relevant time" (arrival at station, or arrest at station).
• Superintendent+ may extend to 36 hours for an indictable offence.
• Beyond that, a magistrates' court warrant of further detention can take it to 96 hours maximum.
• Reviews (s.40): before charge, by an inspector or above not directly involved in the investigation; after charge, by the custody officer. The first review is due no later than 6 hours after detention was first authorised, the second no later than 9 hours after the first, and later reviews at intervals no greater than 9 hours, subject to the statutory postponement provisions. Distinguish reviews (is continued detention justified?) from the overall limits above.

Core rights on arrival (s.56, s.58).

• Legal advice (s.58): free, independent, and the right to consult privately at any time. Delay only for an indictable offence, authorised by a superintendent+, max 36 hours, on narrow grounds (e.g. interference with evidence/persons). The right itself is never denied — only delayed.
• Someone informed of arrest (s.56): delay requires detention for an indictable offence and authorisation by an inspector or above (s.56(2)). The right must be permitted within 36 hours from the relevant time (s.56(3)); the officer needs reasonable grounds under s.56(5) or (5A), and delay must end once its reason ceases (s.56(9)). Do not confuse this with delaying legal advice under s.58, which requires a superintendent or above (s.58(6)).

Vulnerable suspects. Anyone under 18 or who is mentally vulnerable must have an appropriate adult; an interview without one risks exclusion. The AA is not a legal adviser and cannot claim privilege.

Interviews & caution. Caution: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." Adverse inferences arise under the Criminal Justice and Public Order Act 1994: s.34 (failure to mention facts later relied on), s.36 (objects/marks/substances), s.37 (presence). s.34 inference is barred if the suspect had no prior access to legal advice (Murray v UK). No conviction on inferences alone (s.38).

Key cases/distinctions. R v Samuel (wrongful s.58 delay → confession excluded). R v Argent (s.34 conditions). A prepared written statement plus no comment can defeat s.34. Silence on legal advice can be reasonable, but the bare fact of advice does not block inferences — the genuineness of reliance matters (R v Howell, R v Beckles).

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