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If authorisation is given, it is deemed to be withdrawn if the person is released from police custody before the 12 hour period mentioned in section 9 ends.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).