Powers of Detention (Code C)

These deal with when people are deprived of their liberty by the police. Anyone brought to a police station must be presented to the custody officer as soon as practicable after their arrival. The custody officer must record all events that happen at the police station in relation to that suspect, in a custody record. This includes the time of arrival and the reason there are there.

Under Code C, the police can only detain a person for 24 hours (1 day). If an extension is required, permission can be gained from a senior officer (superintendent or higher); a suspect can then be kept for 12 hours more, totalling 36 hours (1 ½ days). If the suspect in question is not being detained for an indictable offence, they must at this point be released. If it is an indictable offence the detainee is suspected of committing, permission must be received from a Magistrate to detain them longer. A Magistrate can then give the police permission to detain the suspect for a maximum of 60 hours longer (2 ½ days more), brining the total to 96 hours (4 days).

If the suspect is being detained on suspicion of terrorism, an extension for the detention period can be applied for. A warrant from a magistrate allows for detention of up to 14 days, and a warrant from a senior judge for longer than 14 days, only up to 28 days in total. A suspect that is being held for longer than 96 hours is required and has the right to be visited by a healthcare professional every 24 hours.

All detainees must be told their rights by the police and these are:

• That they can have someone informed of their arrest.
• That they are entitled to free legal advice, independent of the police.
• They can consult privately with a solicitor.
• They are allowed to view the Police Codes of Practice.
• Those under 17, handicapped, or mentally ill, can have an appropriate adult other than a solicitor present at the interview.
• To speak to someone on the telephone (this right is not essential and can be refused).
• To have ventilated and sufficiently lit accommodation, regular meals, and at least 8 hours of continuous rest in a 24 hour period.

Detainees must also be given a written copy of these rights.

The right to have someone informed of their arrest is made available by s 56 of PACE. The detainee can nominate any one they wish, someone who may take an interest in their welfare, and this should be done as soon as is feasible. If the offence is an indictable offence, the notification can be delayed for up to 36 hours if it might affect the investigation, such as interference with the evidence or witnesses.

Detainees can contact their own solicitor or use the duty solicitor service provided free. The custody officer must ensure the detainee sign if they would like legal advice or not. This right must also be displayed on posters in Police stations.