Correct on the date of publication - 8 June 2026
Question:
Where someone has been further arrested in custody and offences share the same clock, does a superintendents extension for one offence apply to the others?
Answer:
Where a suspect is in custody having been arrested for multiple offences, the offences share the same custody clock, even if the arrests for some of the offences are made later than the first offence - see our FAQ 'PACE - arrest for one offence then arrested for other(s) - detention clock'.
Section 42 of PACE, provides that where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that -
(a) the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;
(b) an offence for which he is under arrest is an indictable offence; and
(c) the investigation is being conducted diligently and expeditiously,
he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.
Our interpretation of the above is that so long as one offence for which the person is under arrest for is indictable, the section would apply and therefore detention can be extended for all offences they are currently under arrest for where they share the same clock (providing the other requirements in section 42 are also met). Reference to ‘indictable offences’ include both indictable only and triable either way offences when committed by an adult (Schedule 1 to the Interpretation Act 1978).
View the full Legal Q&A document here, with links to related and similar legal questions.
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