(This note is not part of the Regulations)
These Regulations permit the review of detention of persons arrested but not charged required by section 40(1)(b) of the Police and Criminal Evidence Act 1984 (“the Act”) to be carried out through the use of video-conferencing facilities by an officer who is not present at the police station where the person is detained. Video-conferencing facilities are defined in section 45A(10) of the Act as any facilities (whether a live television link or other facilities) by means of which the officer performing the review and the arrested person and any legal representative of that person, can both see and hear each other.
Section 40A of the Act permits the use of a telephone for a review of detention. However, in accordance with section 40A(2), the use of a telephone for a review of detention is not permitted if the review is of a kind authorised by regulations under section 45A to be carried out using video-conferencing facilities, and it is reasonably practicable to carry out the review of detention in accordance with the regulations.
