Detention Flashcards
What is the maximum time a suspect can be detained without charge for most offences?
A) 12 hours
B) 24 hours
C) 48 hours
D) 96 hours
B) 24 hours
Explanation: Under s.41 PACE, the general maximum detention time without charge is 24 hours from the relevant time (arrival at the station or 24 hours after arrest, whichever is sooner).
Who must authorise the continued detention of a suspect beyond 24 hours?
A) A police constable
B) A custody officer
C) A superintendent or above
D) A magistrate
C) A superintendent or above
Explanation: Under s.42 PACE, a superintendent or higher-ranking officer can extend detention up to 36 hours, but only for indictable offences.
At what intervals must a suspect’s detention be reviewed under PACE?
A) Every 3 hours
B) Every 6 hours
C) Every 9 hours
D) Every 12 hours
C) Every 9 hours
Explanation: The first review must take place within 6 hours, with subsequent reviews every 9 hours (s.40 PACE). The review officer must be at least an inspector and not connected to the investigation.
What is the maximum detention time without charge if a magistrates’ court grants extensions?
A) 36 hours
B) 48 hours
C) 72 hours
D) 96 hours
D) 96 hours
Explanation: Under s.43 & s.44 PACE, a magistrates’ court can extend detention in two stages:
First application: Up to 36 additional hours
Second application: Up to another 36 hours
Total maximum detention: 96 hours
This applies only for indictable offences and if the investigation is being conducted diligently and expeditiously.
What must the custody officer do upon a suspect’s arrival at the police station?
A) Immediately charge the suspect
B) Authorise or refuse detention
C) Conduct a police interview
D) Assign the case to an investigating officer
B) Authorise or refuse detention
Explanation: Under s.37 PACE, the custody officer (a sergeant or above) is responsible for authorising continued detention and ensuring the suspect is aware of their rights.
Police arrest Tom for burglary and bring him to the station at 9 AM. The investigation is ongoing, and at 8:30 AM the following day, police want to continue questioning him. What must they do?
A) Release him immediately
B) Get approval from a superintendent to extend detention
C) Apply to a magistrates’ court for a warrant of further detention
D) Continue detention without approval
B) Get approval from a superintendent to extend detention
Explanation: Since 24 hours will soon expire, police need superintendent approval (s.42 PACE) to extend detention to 36 hours for indictable offences.
Sarah is detained at 10 PM for suspected fraud (an indictable offence). The police seek to extend her detention beyond 36 hours. What should they do?
A) A superintendent can authorise an extension
B) Apply to the Crown Court
C) Apply to the magistrates’ court
D) Extend detention automatically
C) Apply to the magistrates’ court
Explanation: Under s.43 & s.44 PACE, after 36 hours, further detention requires a warrant from a magistrates’ court, which can extend detention up to 96 hours.
Jake is arrested at 3 PM. At what time must his first detention review take place?
A) By 6 PM
B) By 6 AM
C) By 9 PM
D) By 9 AM the next day
C) By 9PM
Explanation: Under s.40 PACE, the first review must take place within 6 hours (9 PM), and subsequent reviews occur every 9 hours (next at 6 AM).
Ryan is detained for an indictable offence. The police fail to conduct a review of his detention after 9 hours. What are the legal consequences?
A) The detention becomes unlawful
B) Ryan must be immediately released
C) Any evidence obtained is automatically inadmissible
D) There are no legal consequences
A) The detention becomes unlawful
Explanation: Failure to conduct reviews as per s.40 PACE makes continued detention unlawful. This could lead to Ryan’s release and exclusion of evidence under s.78 PACE.
Police arrest Dan for robbery at 2 PM. By 2 PM the next day, they realise they lack enough evidence to charge him. What must they do?
A) Release Dan immediately
B) Apply for a search warrant to gather more evidence
C) Transfer Dan to another station for further questioning
D) Extend detention beyond 24 hours
A) Release Dan immediately
Explanation: Under s.41 PACE, if no charge is brought within 24 hours, the suspect must be released, unless a superintendent authorises an extension (up to 36 hours for an indictable offence).
