Correct on the date of publication - 1 December 2025
Question:
A person is arrested for robbery and arrives at the police station at 0300 hrs. Once in custody it becomes apparent that he is also suspected for an offence of burglary. He is formally arrested for the second offence at 0800 hrs.
At 2000 hrs, the officer investigating the robbery believes he will have enough evidence to charge, the suspect would be remanded in custody and put before the magistrates' court. However, the officers dealing with the burglary anticipate delays as the case involves DNA evidence.
It is sometimes suggested that to facilitate the gathering of evidence without the detention clock running, it would be lawful to release the suspect on bail in respect of the burglary. Would bailing the suspect effectively stop the detention clock from running, so that, as it is 12 hours after arrest for the second offence, when bailed he would have 12 hours left on the clock when he responded to bail.
Answer:
In the circumstances described, there certainly would not be 12 hours left remaining on the clock. By reason of section 41(2)(d) and section 41(4), the relevant time in respect of the second offence commenced at the time the person arrived at the first police station to which he is taken after arrest, so there would, at that point in time, be 7 hours left on the clock.
In our view, when a person is arrested, questioned, charged and detained in regard to one matter and whilst in custody but prior to being charged he is arrested for some other matter and is bailed in respect of the second matter, the position is as follows -
The detention clock applies to detention prior to charge. Once the person is charged with an offence, the detention clock no longer applies to that matter. The requirement is that he be brought before a court with all convenient speed.
Provided the second matter is not pursued at that time, the detention clock in regard to the second matter does not continue ticking while he is waiting to be taken to court on the first matter; this also stops. If he is later released and subsequently answers bail in relation to the second matter, the detention clock will continue. The time left on the clock will be whatever time was left when he was charged on the first matter. Section 47(6) of PACE supports that conclusion.
If however, whilst waiting to be taken to court on the first matter the person is questioned about the second matter, the clock will continue for that period of time.
If the person is unlikely to be released in relation to the first matter and therefore unable to answer bail in relation to the second matter, or if the requirements for bail are not satisfied, other alternative options are available -
- If you are able to complete the investigation into the second offence before the person attends court for the first offence, continue investigations while the person remains in custody and when complete, add the second offence to the charge sheet to be dealt with at court.
- If you are unable to complete the investigation into the second offence before the person attends court for the first offence, put the prisoner before the court in respect of the offence charged and apply for a remand in custody to police cells to facilitate further enquiries into the second offence (see section 128(7) of the Magistrates' Courts Act 1980);
- If the person is taken to prison after attending court, and further interviews are necessary, consider a production order under the Crime (Sentences) Act 1997;
- If the person is released after court and further interviews are necessary, consider whether a further arrest can be made on fresh evidence (see Legal Q&A: New evidence for more information), in which case a new 24 hour clock is possible.
View the full Legal Q&A document here, with links to related and similar legal questions.
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