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Magistrates' warrant of further detention vs superintendent extension
Superintendent extension versus Magistrates' warrant of further detention
Both are mechanisms to extend detention beyond the initial 24-hour period, but they operate at different stages and involve different levels of oversight.
Side by side
| Superintendent extension | Magistrates' warrant of further detention | |
|---|---|---|
| Legal basis | Section 42 PACE | Sections 43-44 PACE |
| Who authorises | A superintendent or above | A magistrates' court (two or more justices or a district judge) |
| Maximum extension | Up to 36 hours from the relevant time (12 additional hours beyond the 24-hour limit) | Up to 96 hours from the relevant time in total (granted in blocks of up to 36 hours at a time) |
| Timing of authorisation | Must be authorised no earlier than six hours and no later than 24 hours after detention was first authorised | Must be made before the 36-hour period expires; may be sought during or after the superintendent extension |
| Offence type | Indictable offences only | Indictable offences only |
| Right to legal representation | The detainee must be informed and may make representations, but there is no formal hearing | The detainee has a right to be present and legally represented at the hearing |
| Test to be met | Reasonable grounds to believe necessary to secure/preserve evidence or obtain evidence by questioning; investigation conducted diligently | Same test as superintendent extension; the court must also be satisfied the investigation has been conducted diligently and expeditiously |
Which applies
The superintendent extension is an internal safeguard that requires no judicial oversight. The magistrates' warrant is a significant step: it involves a judicial hearing at which the detainee can be represented and make submissions. Applications should be made in good time before the relevant time limit expires. In practice, the requirement to convene a court often makes applications logistically challenging and forces should plan investigations to avoid reliance on extended detention wherever possible.
Last updated 24 September 2026