Correct on the date of publication - 12 January 2026
Question:
When a superintendent authorises continued detention after twenty four hours, is it necessary for an inspector to conduct reviews of detention?
Answer:
Yes section 40(1) of PACE stipulates, that reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically and in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector.
Though reviews may sometimes be postponed, (section 40(4)); there are no exceptions to the general duty, imposed by section 40, to conduct them. The reason for the requirement to continue to conduct reviews during the extended period of detention is the fact that during such period the grounds of detention might have ceased or, sufficient evidence to charge might have emerged.
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