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Legal Terms – Detention
The act of restricting an individual's freedom against their consent subsequent to arrest. The Police and Criminal Evidence Act 1984 meticulously governs police authority regarding custody and the rights of detained individuals. Detention of adults without charge is generally permissible solely for the purpose of securing or preserving evidence or obtaining it through interrogation; it may extend beyond 24 hours (up to 36 hours) for serious indictable offenses (e.g., rape, kidnapping, causing death by dangerous driving) only when a superintendent or higher-ranking officer reasonably deems it necessary. Magistrates' courts may subsequently permit an additional extension without charge for a maximum of 36 hours, which can be further prolonged for another 36 hours; however, the total detention term must not surpass 96 hours.
If the basis for custody ends, or if continued detention is not permitted, the detainee must either be freed or charged and subsequently released on bond to appear before a court or presented before the next available hearing.judicial tribunal. An individual in detention may have one person notified of their arrest as soon as feasible; however, if a major arrestable offense is implicated and a senior police official reasonably suspects that such notification would obstruct the investigation, this can be postponed for up to 36 hours. The inmate possesses a generally equivalent right to consult a solicitor. A suspected terrorist may be held for 14 days without formal charges (Protection of Freedoms Act 2012 s 57). The Home Secretary might extend this period to 28 days.
The act of restricting an individual's freedom against their consent subsequent to arrest. The Police and Criminal Evidence Act 1984 meticulously governs police authority regarding custody and the rights of detained individuals. Detention of adults without charge is generally permissible solely for the purpose of securing or preserving evidence or obtaining it through interrogation; it may extend beyond 24 hours (up to 36 hours) for serious indictable offenses (e.g., rape, kidnapping, causing death by dangerous driving) only when a superintendent or higher-ranking officer reasonably deems it necessary. Magistrates' courts may subsequently permit an additional extension without charge for a maximum of 36 hours, which can be further prolonged for another 36 hours; however, the total detention term must not surpass 96 hours.
If the basis for custody ends, or if continued detention is not permitted, the detainee must either be freed or charged and subsequently released on bond to appear before a court or presented before the next available hearing.judicial tribunal. An individual in detention may have one person notified of their arrest as soon as feasible; however, if a major arrestable offense is implicated and a senior police official reasonably suspects that such notification would obstruct the investigation, this can be postponed for up to 36 hours. The inmate possesses a generally equivalent right to consult a solicitor. A suspected terrorist may be held for 14 days without formal charges (Protection of Freedoms Act 2012 s 57). The Home Secretary might extend this period to 28 days.
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