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Explanatory Memorandum to Criminal Justice (Northern Ireland) Order 2004

Limits on periods of detention without charge

10.Article 5 extends the scope for an officer of at least superintendent rank to authorise detention without charge up to a maximum of 36 hours. The Article allows detention to be extended for up to an overall period of 36 hours where the relevant offence is an arrestable offence, provided the other conditions are satisfied. Previously this power to detain was only authorised in respect of serious arrestable offences.

11.This broadening capacity for extended detention without charge will assist police in dealing effectively with a range of offences, e.g., robbery, where it will sometimes be extremely difficult or impossible to complete the necessary investigatory processes within 24 hours.

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