Correct on the date of publication - 17 March 2025
Question:
What is the procedure where a suspect is arrested for an offence in one police area (e.g London) and it transpires s/he is also wanted for an offence in another police area (e.g Leeds).
Answer:
Section 41(5) of the Police and Criminal Evidence Act 1984 provides for the situation where a man is arrested for offences in one police area and it transpires that he is also wanted in another police area. It states -
41(5) If -
(a) a person is in police detention in a police area in England and Wales ("the first area"); AND
(b) his arrest for an offence is sought in some other police area in England and Wales ("the second area"); AND
(c) he is taken to the second area for the purposes of investigating that offence, without being questioned in the first area in order to obtain evidence in relation to it,
the relevant time shall be -
(i) the time 24 hours after he leaves the place where he is detained in the first area; OR
(ii) the time at which he arrives at the first police station to which he is taken in the second area, whichever is the earlier.
The basic 24 hours will start from zero at the police station to which he is taken if -
(a) the suspect is in police detention in the original police area;
(b) he is not questioned about the other police area's offences whilst in the original police area;
(c) he is taken to a police station in the area in which he is sought within 24 hours of leaving the police station in the original force area.
There are other combinations of circumstances which do not fall directly within the above sub-section. The following examples may help -
Example 1
A person is arrested in Wiltshire for burglary, but evidence comes to light which implicates him in a series of serious frauds in Cardiff. The detained person is interviewed with regard to offences committed in Wiltshire, and charged/bailed for those offences. He may now be escorted to Cardiff. The relevant time starts afresh on his arrival at the first police station in South Wales. The interviewing officers have a full twenty-four hours of 'relevant time' before extensions of detention or bail need be considered.
Note that if he was interviewed about the Cardiff offences (by South Wales or Wiltshire officers), whilst still in Wiltshire, the suspect's relevant time for these offences would start at the time of his arrival at the Wiltshire Police Station for the original offence.
Example 2
A prisoner is under escort from London to Morpeth (in the northern part of Northumbria's police area) using this provision when, due to heavy snow, he is temporarily lodged at Gateshead police station (southern Northumbria). This stop-over will be treated as the first police station in Northumbria and the period of detention's relevant time commences on his arrival at Gateshead and not at Morpeth .
If the stop-over was at Doncaster (South Yorkshire), and the suspect is still delivered to Morpeth within 24 hours of leaving London, then, as with example 1, the interviewing officers have a full twenty-four hours of 'relevant time' before extensions of detention or bail need be considered. Otherwise the relevant time starts 24 hours after leaving London.
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