All procedures
Detention

The PACE Detention Clock

Maximum periods a suspect can be detained without charge under PACE Part IV. Get this wrong and detention becomes unlawful.

The steps

  1. 1

    0h — Arrival at station

    Relevant time begins. Custody officer authorises detention if necessary to secure/preserve evidence or obtain by questioning (s.37).

  2. 2

    6h — First review

    Inspector (not involved in investigation) reviews necessity to continue detention.

  3. 3

    9h — Subsequent reviews

    Then every 9 hours thereafter.

  4. 4

    24h — Standard limit

    Maximum without further authority. Charge, release, or extend.

  5. 5

    36h — Superintendent extension

    Indictable offence + necessary to secure/preserve evidence + investigation conducted diligently and expeditiously (s.42).

  6. 6

    96h — Magistrates' warrant

    Further extensions in 36-hour blocks up to 96 hours total (s.43–44). Indictable offence only.

Watch outs

  • Clock pauses for hospital time only if no questioning takes place.
  • Reviews must be face-to-face where practicable.

References