Correct on the date of publication - 15 September 2025
Question:
What is the situation in respect of conducting reviews of detention whilst the detained person is asleep? Must he be awakened so that he can make representations?
Answer:
As per section 40(3) PACE, reviews of the detention of each person in police detention shall be carried out periodically, as follows -
- the first review shall be no later than six hours after the detention was first authorised;
- the second review shall be no later than nine hours after the first; and
- subsequent reviews shall be at intervals of no more than nine hours.
Section 40 lays down the minimum frequency of the number of reviews carried out and the outer time limits of them. The provisions do not in any way prevent additional reviews being conducted, for example, before the prisoner puts his head down for the night.
There is nothing in law which prevents reviews being conducted while a prisoner is asleep. Section 40(12) of the Act contemplates this and the Act does not impose on the review officer any duty to awaken the detained person for the purpose of conducting the review.
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