PART 1ARREST AND CUSTODY
CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED
Keeping person in custody
11Authorisation for keeping in custody beyond 12 hour limit
1
A constable may give authorisation for a person who is in police custody to be kept in custody for a continuous period of 12 hours, beginning when the 12 hour period mentioned in section 9 ends.
2
Authorisation may be given only by a constable who—
a
is of, or above, the rank of—
i
inspector, if a constable believes the person to be 18 years of age or over,
ii
chief inspector, if a constable believes the person to be under 18 years of age, and
b
has not been involved in the investigation in connection with which the person is in police custody.
3
Authorisation may be given only if—
a
the person has not been held in police custody by virtue of authorisation given under this section in connection with—
i
the offence in connection with which the person is in police custody, or
ii
an offence arising from the same circumstances as that offence, and
b
the constable is satisfied that—
i
the test in section 14 will be met when the 12 hour period mentioned in section 9 ends,
ii
the offence in connection with which the person is in police custody is an indictable offence, and
iii
the investigation is being conducted diligently and expeditiously.
4
Before deciding whether or not to give authorisation the constable must—
a
where practicable afford a reasonable opportunity to make verbal or written representations to—
i
the person, or
ii
if the person so chooses, the person’s solicitor, and
b
have regard to any representations made.
5
If authorisation is given, it is deemed to be withdrawn if the person is released from police custody before the 12 hour period mentioned in section 9 ends.
6
Subsection (7) applies when—
a
by virtue of authorisation given under this section, a person has been held in police custody for a continuous period of 12 hours (beginning with the time at which the 12 hour period mentioned in section 9 ended), and
b
during that period the person has not been charged with an offence by a constable.
7
The person may continue to be held in police custody only if—
a
a constable charges the person with an offence, or
b
the person is detained under section 28(1A) of the 1995 Act (which allows for detention in connection with a breach of bail conditions).