Remands in Police Custody Flashcards
Q: What powers does the Magistrate Court have to remand someone into police custody?
S128 Magistrate’s Court Act 1980.
A Magistrate’s court has the power to remand someone into police custody for a period not exceeding 3 clear days, where there is a need to question him about other offences.
This is commonly referred to as the three day lie down.
Q: What is the difference in the lie down between adults and juveniles?
It is 72 hours for adults and 24 hours for juveniles.
Q: What happens when the period or questioning ends?
If a person is kept in such detention, he must be brought back to the Magistrate’s court that com-mitted him into police custody as soon for the need of the detention ceases, in other words as soon as all the necessary questioning about the other offences is completed.
