The Detention Process at a Police Station

When a person is brought to a police station under arrest, they are not detained automatically. A custody officer of at least the rank of sergeant must first decide whether there are sufficient grounds to justify detention. The custody officer must be satisfied that detention is necessary: to secure or preserve evidence, or to obtain evidence by questioning. If the custody officer is not so satisfied, the person must be released, with or without bail. This gatekeeping function is a critical safeguard in the PACE scheme.

Once detention is authorised, the custody officer must open a custody record and inform the detained person of their rights. These are: the right to have someone informed of the arrest; the right to consult with a solicitor in private and free of charge; and the right to consult the Codes of Practice. The custody officer must also carry out a risk assessment to identify any vulnerabilities. If the detained person is a juvenile or a person who appears to be mentally disordered or otherwise mentally vulnerable, an appropriate adult must be summoned.

PACE imposes strict time limits on detention without charge. In the ordinary case, a person may be held for up to 24 hours from the relevant time (broadly the time of arrival at the station). A superintendent or above may extend this to 36 hours where the offence is an indictable one and the continued detention is necessary for the investigation. Beyond 36 hours, further detention requires a warrant of further detention granted by a magistrates' court, which may authorise detention up to a maximum of 96 hours. Different rules apply under the Terrorism Act 2000, which allows detention for up to 14 days subject to judicial oversight.

Throughout the detention period the custody officer must periodically review whether continued detention remains necessary. Reviews must be conducted at no more than six-hourly intervals for the first review, then at no more than nine-hourly intervals thereafter. The detained person or their solicitor may make representations at a review. If at any point detention is no longer necessary, the person must be released. Detention conditions are also regulated: detained persons must receive adequate food, drink, clothing, and rest, and must be held in cells that are adequately heated and lit.