Magistrates' Courts Act 1980

Detention for short periods

134 Detention in police cells, etc.

(1) A magistrates' court having power to impose imprisonment on any person may instead of doing so order him to be detained for any period not exceeding 4 days in a place certified by the Secretary of State to be suitable for the purpose.

(2) The Secretary of State may certify under this section any police cells, bridewell or similar place provided by him and, on the application of any other police authority, any such place provided by that authority.

(3) A woman or girl shall not be detained in any such place except under the supervision of women.

Section 6(6) of the [1978 c. 30.] Interpretation Act 1978 (feminine includes masculine) does not apply for the purposes of this subsection.

(4) The Secretary of State may make regulations for the inspection of places certified by him under this section, for the treatment of persons detained in them and generally for the purpose of carrying this section into effect.

(5) Any expenses incurred in the maintenance of persons detained under this section shall be defrayed out of moneys provided by Parliament.

(6) In this section " maintenance " has the same meaning in relation to a person detained under this section as it has under section 53 of the [1952 c. 52.] Prison Act 1952 in relation to a prisoner.

(7) Subsection (2) above shall, in its application to the City of London, have effect as if for the references therein to the police authority there were substituted references to the Commissioner of Police for the City of London.

135 Detention of offender for one day in court-house or police station

(1) A magistrates' court that has power to commit to prison a person convicted of an offence, or would have that power but for section 82 or 88 above, may order him to be detained within the precincts of the court-house or at any police station until such hour, not later than 8 o'clock in the evening of the day on which the order is made, as the court may direct, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

(2) A court shall not make such an order under this section as will deprive the offender of a reasonable opportunity of returning to his abode on the day of the order.

136 Committal to custody overnight at police station for non-payment of sum adjudged by conviction

(1) A magistrates' court that has power to commit to prison a person in default of payment of a sum adjudged to be paid by a summary conviction, or would have that power but for section 82 or 88 above, may issue a warrant for his detention in a police station, and, if it does so, shall not, where it has power to commit him to prison, exercise that power.

(2) A warrant under this section, unless the sum adjudged to be paid by the conviction is sooner paid.—

(a) shall authorise any police constable to arrest the defaulter and take him to a police station, and

(b) shall require the officer in charge of the station to detain him there until 8 o'clock in the morning of the day following that on which he is arrested, or, if he is arrested between midnight and 8 o'clock in the morning, until 8 o'clock in the morning of the day on which he is arrested.

(3) Notwithstanding subsection (2)(b) above, the officer may release the defaulter at any time within 4 hours before 8 o'clock in the morning if the officer thinks it expedient to do so in order to enable him to go to his work or for any other reason appearing to the officer to be sufficient.