PART 1ARREST AND CUSTODY

CHAPTER 2CUSTODY: PERSON NOT OFFICIALLY ACCUSED

Keeping person in custody

13Custody review

1

A custody review must be carried out—

a

when a person has been held in police custody for a continuous period of 6 hours by virtue of authorisation given under section 7, and

b

again, if authorisation to keep the person in police custody is given under section 11, when the person has been held in custody for a continuous period of 6 hours by virtue of that authorisation.

2

A custody review entails the consideration by a constable of whether the test in section 14 is met.

3

A custody review must be carried out by a constable who—

a

is of the rank of inspector or above, and

b

has not been involved in the investigation in connection with which the person is in police custody.

4

If the constable is not satisfied that the test in section 14 is met, 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).