Timing of the first review of detention before charge (PACE 1984 s.40)
Priya Nair is arrested on suspicion of burglary and arrives at a police station in England at 09:00. The custody officer authorises her detention at 09:30 so that she can be interviewed. She has not been charged, and no review has yet taken place.
By what time must the first review of Priya's detention be carried out, and by whom?
Choose one answer to see the reasoning.
Worked answer
Correct answer A: By 15:30, by an officer of at least the rank of inspector who has not been directly involved in the investigation.
THE RULE TO REMEMBER
Before charge, detention is reviewed by an uninvolved inspector, first within six hours of detention being authorised, then at intervals of no more than nine hours.
Timing of the first review of detention before charge (PACE 1984 s.40)
Section 40 of PACE 1984 requires periodic reviews of the detention of everyone in police detention. Who reviews depends on whether the person has been charged: for a person arrested but not charged, the review officer is an officer of at least the rank of inspector who has not been directly involved in the investigation (s.40(1)(b)). The timing runs from when detention was first authorised, not from arrival at the station: the first review must take place not later than six hours after the detention was first authorised (s.40(3)(a)), the second not later than nine hours after the first, and later reviews at intervals of not more than nine hours. Priya's detention was authorised at 09:30, so the first review is due by 15:30, and because she has not been charged it must be conducted by an independent inspector.
Why B is wrong: The six hours run from when detention was first authorised (09:30), not from arrival at the station.
Why C is wrong: The custody officer reviews only the detention of a person who has been charged; Priya has not been charged.
Why D is wrong: Nine hours is the maximum interval between the first and second reviews, not the deadline for the first review.
Why E is wrong: This confuses reviews with the 24-hour detention limit and a superintendent's extension; reviews are carried out by an inspector.
A little more practice done.
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