C5C6C7 Part IV Detention
Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)
Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Detention—conditions and duration
C1C2C340 Review of police detention.
C91
Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—
a
in the case of a person who has been arrested and charged, by the custody officer; and
b
in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.
C92
The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.
C93
Subject to subsection (4) below—
a
the first review shall be not later than six hours after the detention was first authorised;
b
the second review shall be not later than nine hours after the first;
c
subsequent reviews shall be at intervals of not more than nine hours.
C94
A review may be postponed—
a
if, having regard to all the circumstances prevailing at the latest time for it specified in subsection (3) above, it is not practicable to carry out the review at that time;
b
without prejudice to the generality of paragraph (a) above—
i
if at that time the person in detention is being questioned by a police officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or
ii
if at that time no review officer is readily available.
C95
If a review is postponed under subsection (4) above it shall be carried out as soon as practicable after the latest time specified for it in subsection (3) above.
C96
If a review is carried out after postponement under subsection (4) above, the fact that it was so carried out shall not affect any requirement of this section as to the time at which any subsequent review is to be carried out.
C97
The review officer shall record the reasons for any postponement of a review in the custody record.
C98
Subject to subsection (9) below, where the person whose detention is under review has not been charged before the time of the review, section 37(1) to (6) above shall have effect in relation to him, but with F1the modifications specified in subsection (8A)
C9F28A
The modifications are—
a
the substitution of references to the person whose detention is under review for references to the person arrested;
b
the substitution of references to the review officer for references to the custody officer; and
c
in subsection (6), the insertion of the following paragraph after paragraph (a)—
“
asleep;”
C99
Where a person has been kept in police detention by virtue of section 37(9) F3or 37D(5) above, section 37(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.
10
F610A
The modifications are—
a
the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and
b
in subsection (5), the insertion of the following paragraph after paragraph (a)—
“
asleep;”
C1011
Where—
a
an officer of higher rank than the review officer gives directions relating to a person in police detention; and
b
the directions are at variance—
i
with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part of this Act; or
ii
with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,
the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.
C1012
Before determining whether to authorise a person’s continued detention the review officer shall give—
a
that person (unless he is asleep); or
b
any solicitor representing him who is available at the time of the review,
an opportunity to make representations to him about the detention.
C4C8C1013
Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.
C1014
The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.
Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)